Massachusetts Motor Vehicle Accident Attorney

The moments after a car crash can leave you feeling adrift. A Massachusetts motor vehicle accident attorney from the Law Offices of Bailey and Burke can help you regain your footing and advocate for the compensation you need. 

Massachusetts law provides specific avenues for financial recovery after a collision, and our team knows how to pursue them. Contact the Law Offices of Bailey and Burke for a clear evaluation of your case at (888) 368-0983.

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Key Takeaways for Massachusetts Motor Vehicle Accident Attorney

• Massachusetts’s modified no-fault insurance system affects how you file a claim for damages.
• You generally have three years from the date of the accident to file a personal injury lawsuit in Massachusetts.
• Evidence like police reports, witness statements, and detailed medical records forms the foundation of a successful claim.
• Even if you were partially at fault for the accident, you may still recover damages under state law.
• An experienced attorney handles all communications with insurance companies on your behalf.

Why Choose the Law Offices of Bailey and Burke for Your Motor Vehicle Accident Claim

When you select a law firm, you choose a team to stand with you through a challenging time. The attorneys at the Law Offices of Bailey and Burke offer a unique combination of local knowledge and dedicated legal advocacy. We build strong cases designed to get results for the people we serve.

Decades of Experience in Massachusetts

Our attorneys have an in-depth familiarity with the state’s complex insurance regulations, tort laws, and court procedures. Our long history provides us with a valuable perspective on how local judges and insurance carriers approach these cases. 

We use our experience to build a legal strategy tailored to the specific facts of your collision. Our dedicated Massachusetts motor vehicle accident attorneys apply years of practical knowledge to every claim we handle.

A Firm Anchored in Your Community

The Law Offices of Bailey and Burke has deep roots in Massachusetts, with offices in Worcester, Clinton, Fitchburg, Leominster, and beyond. We represent your neighbors, friends, and family, and anchor our practice in the communities we serve. 

We bring our local Massachusetts insight to your case, a benefit you may not find at a large, out-of-state firm.

A Record of Resolving Complex Cases

Our firm has a history of successfully resolving claims for clients with significant injuries. We know how to prepare a case for trial, a step that often convinces insurance companies to offer a fair settlement. 

A successful outcome starts with a thorough investigation. We chart a clear plan to gather evidence, interview witnesses, and, when necessary, retain experts to build the strongest possible claim. We commit ourselves to securing the resources you need for your recovery. 

Call the Law Offices of Bailey and Burke today at (888) 368-0983 to get started.

Understanding Your Rights After a Massachusetts Collision

Massachusetts operates under a hybrid insurance system that combines no-fault and traditional at-fault (or tort) principles. Your legal options depend on the severity of your injuries and the circumstances of the crash. 

A knowledgeable attorney helps you pursue the right path for your specific situation.

The Role of Personal Injury Protection (PIP) in Your Claim

Massachusetts drivers carry Personal Injury Protection (PIP) coverage as part of their auto insurance. PIP provides up to $8,000 in benefits to cover your medical expenses and lost wages, regardless of who caused the accident. This is the “no-fault” portion of the system.

You must first file for PIP benefits through your own insurance company. These benefits act as an initial safety net but are often insufficient to cover all the losses from a serious collision. An attorney ensures you file all necessary paperwork correctly and on time.

Pursuing Compensation Beyond PIP Benefits

You must meet a certain threshold to step outside the no-fault system and file a claim against the at-fault driver. Massachusetts law requires that you have incurred at least $2,000 in reasonable medical expenses or have sustained a serious injury.

Common examples of a qualifying serious injury include:

• Permanent and Serious Disfigurement: Injuries that cause significant scarring or alteration of your appearance meet the threshold.
• Fractured Bone: A broken bone anywhere in the body qualifies as a serious injury.
• Loss of Sight or Hearing: A collision that results in the substantial loss of one of these senses meets the requirement.

Once you meet this threshold, you can pursue a bodily injury liability claim against the negligent driver for damages that PIP doesn’t cover.

How Massachusetts At-Fault Laws Impact Your Case

When you pursue a claim against the other driver, Massachusetts uses a modified comparative negligence rule when multiple parties share blame. An investigation determines each driver’s percentage of fault for the crash. 

You can recover damages if you’re found to be 50% or less at fault, but your total compensation award will be reduced by your percentage of fault. An experienced Massachusetts motor vehicle accident lawyer works to find evidence that accurately portrays your minimal role in the collision.

The Critical Role of Evidence in Your Accident Claim

A successful personal injury claim relies on strong, credible evidence. Insurance companies do not simply accept your version of events; they require proof. A skilled lawyer knows what evidence to look for and how to preserve it for your case.

From the moment you hire the Law Offices of Bailey and Burke, we begin an independent investigation into your crash. Our goal is to collect and organize all the facts that support your claim for compensation. We leave no detail unexamined.

Securing the Official Police Report

The police report provides a preliminary account of the accident. It often contains the responding officer’s initial impressions of how the crash happened and may include diagrams, witness information, and any citations issued. 

Your legal team promptly obtains a copy of this report and analyzes it for key details. While the report serves as a foundational document, it’s not the final word. 

Our attorneys often uncover additional information that may clarify or even contradict the initial report. We use it as a starting point for a much deeper investigation.

Gathering Witness Statements and Physical Proof

Independent witness testimony can significantly strengthen your claim. We work to identify and interview anyone who saw the crash happen. 

We also move quickly to preserve physical proof from the accident scene before it disappears, which may include photographs of skid marks, vehicle damage, and roadway debris.

Evidence gathering often includes:

• Scene Photographs: We analyze photos you took and may dispatch our own investigators to document the location.
• Vehicle Data: Modern cars contain event data recorders (black boxes) that can provide crucial information about speed and braking before impact.
• Surveillance Footage: Our team canvases the area for security or traffic cameras that might have captured the collision.
• Cell Phone Records: In cases involving distracted driving, we may seek phone records to demonstrate that the other driver was texting or not paying attention. These records are often used to show how the dangers of distracted driving contributed to a crash.

The Importance of Medical Documentation

Your medical records illuminate the full extent of your injuries and their associated costs. Your attorney will help you gather every document related to your treatment. This documentation forms the core of your damages claim.

We work to magnify the connection between the crash and your medical condition. Your complete medical file helps demonstrate the nature of your injuries, the pain and suffering you have endured, and the projected costs of future care. 

Seeking Compensation With a Massachusetts Motor Vehicle Accident Attorney

The amount of compensation you may recover depends entirely on the unique facts of your case, including the severity of your injuries and the strength of the evidence. 

Your Massachusetts motor vehicle accident lawyer evaluates all your losses to determine a fair figure for settlement negotiations.

Calculating Economic Damages

Economic damages refer to the specific financial losses you have incurred because of the accident. You can calculate these tangible costs with bills, receipts, and employment records. We carefully compile this information to document every dollar of your financial setback.

Economic damages may include:

• Medical Expenses: This category covers all costs for your hospitalization, surgery, physical therapy, medication, and any necessary future medical care.
• Lost Wages: Your settlement can reimburse you for the income you missed while you were unable to work during your recovery.
• Loss of Earning Capacity: This form of compensation addresses a reduction in your future earnings if the injuries prevent you from returning to your former job.
• Property Damage: Your claim may recover the full cost to repair or replace your vehicle and any other personal property that the crash damaged.

Accounting for Non-Economic Damages

Non-economic damages compensate you for the intangible, personal losses you suffered. These losses don’t come with a price tag, but they represent a very real part of your experience. A skilled attorney knows how to build a case that communicates the true human cost of your injuries.

Non-economic damages address your:

• Pain and Suffering: This component of your claim compensates you for the physical pain and emotional distress that your injuries caused.
• Loss of Enjoyment of Life: This category addresses the impact of your injuries on your ability to participate in hobbies and other activities you previously enjoyed.
• Emotional Trauma: Your settlement can account for the significant psychological impact that the accident and your resulting injuries have had on you.

The Law Offices of Bailey and Burke works to tell your complete story. We want insurers and juries to see you as a person, not just a claim number, so we meticulously document how the accident has impacted every area of your life.

What Is the Statute of Limitations in Massachusetts?

The statute of limitations is a legal deadline for filing a lawsuit. In Massachusetts, you typically have three years from the date of the motor vehicle accident to file a personal injury lawsuit. If you fail to file a claim within this period, you’ll likely lose your right to seek compensation forever.

While three years may seem like a long time, building a strong case takes time. Your legal team needs to investigate the accident, gather evidence, and allow your medical condition to stabilize before beginning negotiations. 

Contacting a motor vehicle accident attorney in Massachusetts soon after your accident protects your legal rights.

FAQ for Massachusetts Motor Vehicle Accident Attorney

How Do Insurers Determine Fault for an Accident?

Insurance companies in Massachusetts determine fault by reviewing the available evidence related to the crash. They analyze the police report, read witness statements, examine photos of the scene and vehicle damage, and apply the modified comparative negligence rule. 

What if the At-Fault Driver Is Uninsured or Underinsured?

If the at-fault driver has no insurance or not enough to cover your damages, you may file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Massachusetts law makes Uninsured Motorist (UM) coverage mandatory.

Insurers must also offer you Underinsured Motorist (UIM) coverage, which protects you if the at-fault driver’s policy limits are too low to cover your losses. 

Your UM/UIM policy steps in to provide the compensation that the at-fault driver’s insurance cannot.

When Should I Contact a Massachusetts Motor Vehicle Accident Attorney?

Contact a Massachusetts motor vehicle accident attorney as soon as possible after addressing your medical needs. The sooner you have legal representation, the sooner your attorney can start preserving crucial evidence, managing communication with insurance companies, and protecting your rights. 

Early involvement prevents you from making mistakes that could weaken your claim later.

Can I Still Recover Damages if I Was Partially at Fault?

Under the Massachusetts modified comparative negligence rule, you can recover damages if you’re 50% or less responsible for the accident. The court or insurance companies will assign a percentage of fault to each party involved. 

Your percentage of fault will then reduce your final compensation award.

What Actions Hurt My Motor Vehicle Accident Claim in Massachusetts?

Speaking to the other driver’s insurance adjuster without legal counsel, posting details about the accident on social media, or delaying medical treatment are all actions that may end up hurting your claim. 

It’s best to let your attorney handle all communications and advise you on the proper steps at each junction of the claims process.

What Steps Should I Take Immediately After a Car Accident in Massachusetts?

After any accident, like a car accident, prioritize safety and health. Move to a safe location if you can, call 911 to report the crash and request medical assistance, and exchange contact and insurance information with the other driver. Avoid discussing fault at the scene. Use your phone to take pictures of the vehicles, the surrounding area, and your injuries.

Finally, seek a medical evaluation even if you feel fine, as some serious injuries have delayed symptoms.

Does Accepting a PIP Payment Affect My Right to Sue the At-Fault Driver?

No, accepting a payment from your own Personal Injury Protection (PIP) policy does not prevent you from filing a lawsuit against the at-fault driver. PIP benefits are a no-fault provision designed to provide immediate funds for medical bills and lost wages.

Pursuing a separate liability claim against the negligent driver allows you to seek compensation for damages that exceed your PIP coverage, including pain and suffering.

What if the Insurance Company Offers Me a Quick Settlement?

You should exercise caution before accepting a quick settlement offer from an insurance company. Initial offers often fail to account for the full extent of your injuries, potential future medical needs, and non-economic damages like pain and suffering. It is wise to speak with an attorney before signing any documents or accepting any payment.

An attorney can evaluate the true value of your claim to ensure any settlement offer is fair and comprehensive.

Call the Law Offices of Bailey and Burke Today

A serious motor vehicle accident throws your world off its axis, creating uncertainty and confusion. You need more than just legal answers; you need a clear, steady path forward. The team at the Law Offices of Bailey and Burke can provide that direction. 

We apply our deep knowledge of Massachusetts law and dedication to our clients to bring order and clarity to a difficult situation. You can focus on your recovery while we handle the complexities of your claim. 

Let one of our dedicated Massachusetts motor vehicle accident attorneys advocate for you. Call (888) 368-0983 today for a free consultation.

Schedule a Free Case Evaluation