MAssachusetts Personal Injury Lawyers
Trusted Local Representation for Your Recovery
We Fight for the Compensation You Deserve
Since 1971, our family has stood up for families across Clinton, Worcester, and Fitchburg. We handle the legal burden so you can focus on healing. You pay no attorney fees unless we win your case.
Proudly serving families across Massachusetts since 1971.
An unexpected injury changes your daily life in an instant. Yesterday, you were going to work, taking the kids to school, or running errands. Today, you are managing doctor’s appointments, mounting medical bills, and missed time at work. It is natural to feel uncertain about the future, but there is a clear path forward. You do not have to face insurance companies or complex legal statutes on your own. The Massachusetts personal injury lawyer team at the Law Offices of Bailey & Burke is here to help you regain control.
For more than 50 years, we have served the communities of Clinton, Worcester, and Fitchburg with a commitment to personal service and proven results. We understand that every case represents a person’s life and livelihood. Our goal is to secure the financial resources you need to recover fully.
With a 99.6 percent success rate in personal injury cases involving motor vehicle accidents and negligence, our history speaks to our dedication. Whether you were hurt near the Wachusett Reservoir or on the busy streets of Worcester, we are ready to listen to your story and fight for your rights.
Why Choose Us for Your Massachusetts Personal Injury Case?
Choosing the right legal team is one of the most important decisions you will make after an accident. You need a team that combines decades of experience with a genuine commitment to the local community. At The Law Offices of Bailey & Burke, we treat every client like a neighbor, not a case number.
- Direct Attorney Access: You will work directly with an attorney throughout your case, rather than being screened by paralegals or support staff.
- High Success Rate: We maintain a 99.6 percent success rate in personal injury cases involving motor vehicle accidents, medical malpractice, and workers’ compensation.
- No Upfront Costs: We operate on a “No Fees Unless You Win” basis, so you never have to worry about affording top-tier legal representation.
- Language Accessibility: We offer meetings in Spanish for our Spanish-speaking clients to ensure clear communication.
- Flexible Availability: Our team is willing to meet with you outside of standard business hours, including evenings and weekends, to accommodate your schedule.
We believe that high-quality legal representation should be accessible to everyone in Clinton, Worcester, Fitchburg, and Leominster. Our history of success is built on preparing every case as if it will go to trial, which often encourages insurance companies to offer fair settlements without the need for a courtroom battle.
What is a Personal Injury Claim?
A personal injury claim is a legal process used to seek financial compensation when you have been hurt due to someone else’s actions or inactions. In the legal world, this falls under “tort law.” The goal of a personal injury claim is to make the injured person “whole” again. While the law cannot undo the physical pain or the trauma of the event, it uses financial means to cover the costs that the injury created.
This process involves filing a claim against the at-fault party’s insurance company. It is not just about car accidents; it covers a wide range of incidents where someone failed to act safely. Whether the injury is physical, emotional, or financial, the civil justice system provides a pathway for you to recover the losses you incurred through no fault of your own.
Types of Personal Injury Cases Our Massachusetts Lawyers Handle
Personal injury law covers many different types of accidents. At The Law Offices of Bailey & Burke, we focus heavily on motor vehicle accidents and catastrophic injuries, but our experience extends to various situations where negligence causes harm. We are prepared to investigate and build strong cases for clients across the state.
We concentrate our practice on the cases that most affect our community, bringing extensive experience across a wide range of personal injury claims.
No matter how your injury occurred, our team treats your case with the seriousness it deserves. We review the details, identify all liable parties, and pursue the maximum compensation available under the law.
No Fees Unless You Win
In Personal Injury cases, we charge no fee until and unless we win your case.
This means that if you hire us, you will not pay any attorney fees until we settle your case or obtain a verdict for you.
Do I Have a Personal Injury Lawsuit in Massachusetts?
Many people are unsure if what happened to them qualifies for a lawsuit. Generally, most personal injury cases are based on the legal concept of negligence. Negligence simply means that someone failed to act with the level of care that a reasonable person would have used in the same situation.
To have a successful personal injury lawsuit in Massachusetts, your attorney must generally prove four specific elements:
- Duty of Care: We must show that the other party owed you a duty to keep you safe. For example, every driver has a duty to follow traffic laws and watch the road. A store owner has a duty to keep their premises free of hidden dangers.
- Breach of Duty: We must prove that the other party failed to fulfill that duty. This could be a driver running a red light, a landlord ignoring a broken railing, or a doctor failing to follow standard medical procedures.
- Causation: There must be a direct link between the other party’s breach of duty and your accident. We have to show that their actions—and not something else—caused the incident.
- Damages: Finally, you must have suffered actual harm. This includes physical injuries, medical bills, lost wages at work, or pain and suffering. If there was a close call but no injury or financial loss, there is usually no case.
If these four elements are present, you likely have grounds for a claim. We use evidence like police reports, medical records, witness statements, and expert testimony to build this foundation. Our goal is to make it clear to the insurance company or the jury that the other party is responsible for your injuries.
Compensation Available in a Massachusetts Personal Injury Case
When you pursue a personal injury claim, the money you receive is called “damages.” These damages are split into two main categories: economic and non-economic. The purpose is to cover both the financial receipts you have collected and the intangible ways your life has changed.
Economic Damages are the objective financial losses that are easy to calculate. These include:
- Medical Expenses: This covers ambulance rides, emergency room visits, surgeries, doctor appointments, medication, and physical therapy. It also includes estimated future medical costs if your injury is permanent.
- Lost Wages: If you missed work to recover, you are entitled to that pay. This also applies if you used sick time or vacation days.
- Loss of Earning Capacity: If your injury prevents you from doing the same job you did before, or if you can no longer work at all, you can seek compensation for the difference in your future income.
- Property Damage: This covers the cost to repair or replace your vehicle or other personal items damaged in the accident.
Non-Economic Damages are more subjective and relate to quality of life. These include:
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the injury.
- Loss of Enjoyment of Life: If you can no longer participate in hobbies, sports, or family activities you once loved, this is a compensable loss.
- Scarring and Disfigurement: Permanent changes to your appearance can result in additional compensation.
Understanding what your case is truly worth requires a deep look at how the injury impacts your life today and how it will impact you ten years from now. We work with medical and financial experts to calculate a fair value for your claim.
$8.4 Million Verdict
Insurance Bad Faith Claim – Our client was in a car accident sustaining serious and lifelong injuries. Total insurance coverage that was available to the person responsible for the accident was $300,000. The insurance company did not make a prompt and reasonable settlement offer. They denied liability and offered $0.00. After a lengthy trial in the Federal Court the Judge found that the insurance company committed bad faith and ordered the insurance company to pay $8.4 million to our client.
$7.5 Million Judgment
Car vs SUV- Our client a 20-year-old female was driving a car and went through a stop sign. Her car was T-boned by an SUV. Our client sustained multiple fractures, permanent scarring and a traumatic brain injury. We settled her claim against the driver of the SUV for his insurance policy limit and brought a liquor liability claim against the bar that served her alcohol. When the claim could not be settled we filed suit in the Worcester Superior Court. The case resulted in a judgment of $7.5 million.
$1.75 Million – Structured Settlement.
Brain Injury – Passenger v. Driver – An automobile driven by a teenager was speeding, left the roadway and collided with a tree, causing our client, a rear-seat passenger to sustain a head injury. After we filed suit against the teenage driver and his parents, we structured a settlement for our client with a guaranteed payout of 1,750,000.
Full Insurance Policy Limit was Recovered
Wrongful Death – Pedestrian v. Auto – Our client was walking on the side of a roadway and was struck by a drunk driver. Our client, a father of two children, died as a result of the injuries he sustained. A claim was brought against all responsible parties and the case settled out of court for the full amount of the insurance coverages. After settlement we established a Trust to provide for his minor children.
Common Questions about Personal Injuries in Massachusetts
Below are answers to some of the most frequent questions we receive from clients in Clinton, Worcester, and beyond.
How much time do I have to file a claim?
In Massachusetts, the standard time limit, known as the statute of limitations, is three years from the date of the accident. If you miss this deadline, the court will likely dismiss your case, and you will be unable to receive compensation. There are rare exceptions, but it is safer to act quickly to preserve evidence and witness memories.
Will I have to go to court?
Most personal injury cases are settled out of court through negotiations. Our firm prepares every case as if it is going to trial, which often pressures the insurance company to make a fair offer. However, if they refuse to be fair, we are fully prepared to represent you in front of a judge and jury.
What should I bring to my first meeting with a lawyer?
To make the consultation as productive as possible, bring any documents related to the accident. This includes the police report, photographs of the scene and your injuries, medical records or discharge papers, insurance policy information, and any correspondence you have received from the insurance companies.
What if the driver who hit me doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own auto insurance policy. Massachusetts drivers are required to carry Uninsured Motorist (UM) coverage. We can review your policy to see if this coverage is available to help pay for your medical bills and other losses.
What if I’m partly to blame for my injuries?
Massachusetts follows a “modified comparative negligence” rule. According to Massachusetts General Laws Chapter 231, Section 85, you can still recover damages as long as you are not more than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but are found to be 20% at fault, you would receive $80,000. If you are found to be 51% or more at fault, you cannot recover damages.
Should I accept the first offer from the insurance company?
It is generally advisable to exercise caution before accepting an initial settlement offer. Insurance companies often try to resolve claims quickly and for as little money as possible. Consequently, the first offer frequently fails to account for future medical treatments, lost earning capacity, or long-term pain and suffering. If you accept that check, you will likely be required to sign a release, which prevents you from seeking more compensation later—even if your injuries turn out to be more severe than you realized. It is usually beneficial to have an attorney review any offer to verify that it fairly covers all your current and future needs.
Contact a Dedicated Massachusetts Personal Injury Attorney Today
Your recovery is our priority. If you or a loved one has been injured due to someone else’s negligence, you do not have to carry the financial and legal burden alone. The Law Offices of Bailey & Burke are ready to stand by your side and fight for the justice you deserve.
- We listen to your story and answer your questions clearly.
- We investigate every detail of your accident to find the truth.
- We fight for the maximum compensation available for your injuries.
We proudly serve clients in Clinton, Worcester, Fitchburg, Leominster, and throughout Massachusetts. Remember, we work on a contingency fee basis, so you pay no fees unless we win your case. Take control of your future today. Call us to schedule your free, no-obligation consultation and let our family help yours.
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