Find The Best Car Accident Lawyer in Massachusetts (2024)

Massachusetts drivers are assertive and determined. Whether navigating the Mohawk Trail through the Adirondacks, the slow crawl of Cape traffic on Route 6 or the punishing congestion in Boston, drivers withstand near-constant challenges. Extreme weather, construction and terrible road conditions only add to the danger. If you've been involved in an accident, you need a Massachusetts car accident lawyer on your side.

ConsumerShield is dedicated to helping you understand the law and protect your rights if you've been injured. This article will summarize Massachusetts laws related to car accidents and discuss how to pursue a claim for your losses. If you're ready to find an attorney, we can connect you with one of the best car accident lawyers in Massachusetts.

How Much Does a Car Accident Lawyer Cost in Massachusetts?

Personal injury attorneys in Massachusetts usually take car accident cases on a "contingency" basis. Instead of charging an hourly rate for legal services, they keep a percentage of any settlement or verdict they recover on your behalf. If they do not recover anything, you do not owe them any fees. Because they take the risk of not being compensated and benefit from a larger recovery, they have a strong incentive to pursue a generous settlement aggressively.

The Massachusetts Rules of Professional Conduct set out the requirements for contingency fee contracts, which include being in writing and signed by both the attorney and client. When you review an attorney's proposed fee agreement, pay particular attention to who is responsible for paying litigation-related costs and whether you will be responsible for those costs if the attorney does not recover anything on your behalf.

Filing a Car Accident Lawsuit in Massachusetts

To register a vehicle in Massachusetts, you must carry four types of insurance coverage, including "personal injury protection" (PIP) coverage. If you are injured in a car accident, your own insurer will pay your medical bills and up to 75% of your lost earnings, regardless of who caused the accident. If you don't own a vehicle (for example, if you are a pedestrian hit by a car or hit by a car while bicycling), you can submit your claim to the driver's insurance.

This "no-fault" insurance system reduces or eliminates the need to hire an attorney or file a lawsuit in most minor accident claims since PIP covers up to $8,000 in damages. Generally, you have two years after an accident to submit your claim for medical expenses and wage loss. After you submit your claim, the insurer should send you payment within 30 days.

However, insurers often drag their heels, delaying payment or refusing to pay the total value of your damages. Haggling with adjusters can be stressful, time-consuming and frustrating. Hiring a car accident lawyer allows you to outsource the responsibility of communicating and negotiating fair compensation for your losses. An attorney can also help you pursue legal action against an insurer that denies a claim or otherwise acts in bad faith.

If you suffer severe and debilitating injuries from an accident, you will likely need to file a lawsuit against the other driver or liable party to recover the full value of your damages. In addition to medical expenses and wage loss, you may also be able to recover non-economic damages like compensation for pain and suffering.

How to Hire a Massachusetts Car Accident Attorney

Look for a Massachusetts car accident lawyer with experience pursuing cases similar to yours. If you were hit while on foot, find an attorney with skills negotiating settlements in pedestrian accidents and taking those types of cases to trial. If you were injured in a highway accident involving a semi-truck, you need an attorney with the specialized knowledge and significant resources to pursue a truck accident claim.

Personal recommendations, referrals and online research are good ways to start the process of finding the right attorney for you. Once you have a few potential candidates, schedule interviews with each attorney to get a feel for their approach and personality. Many attorneys now offer virtual visits or telephone consultations in addition to in-person meetings. Most car accident attorneys offer free initial consultations.

Your attorney will be your advocate through the legal process, and you will work closely with them for months (or possibly years). You should be able to trust and communicate effectively with them in a manner that works for you (email, teleconference, in-person meetings or otherwise). Before agreeing to a representation agreement, ensure you understand all its terms.

Average Car Accident Settlement in Massachusetts

Most car accident cases settle before going to trial. The majority of these settlements are confidential, so it's hard to know the value of the "average" settlement. Many factors contribute to the value of a case. These include the severity and nature of the injuries, the strength of the evidence, the parties' desire to avoid a trial or negative publicity and many other factors. Cases with higher damages or more egregious behavior will have higher payouts.

An experienced car accident attorney has a wealth of knowledge about their firm's past settlements and litigation history. One report of settlement data from four large national law firms reflected settlements for “minor” car accidents ranging from $3,000 to $25,000, with a median of $12,500 and an average of $12,875.

A Massachusetts accident lawyer will know what a “typical” settlement looks like for cases similar to yours in your area. They will be familiar with many insurance companies, allowing them to understand the best tactics to increase your recovery. Their relationships with local judges and other attorneys can help them present your case most persuasively and be invaluable in settlement negotiations.

How Does a Car Accident Lawsuit Work in Massachusetts?

You can file a car accident lawsuit in Massachusetts District Court or Massachusetts Superior Court against the responsible person or parties if:

• Your reasonable medical expenses related to the accident are more than $2,000 or

• Your injuries are permanent and severe in a way that affects your quality of life.

You may also file a lawsuit in certain other situations, such as if you were hit within the state by an out-of-state driver (who does not have the PIP coverage required by Massachusetts law).

You can file a civil lawsuit if someone else is legally responsible for the accident that caused you harm. In addition to out-of-pocket medical costs, expenses related to your injuries and other economic damages, a lawsuit allows you to seek compensation for pain and suffering and other non-economic losses. A car accident lawyer can help you understand the value of your claim and the best way to pursue the compensation you deserve.

In Massachusetts, the statute of limitations for most personal injury claims and wrongful death cases is three years from the date of the occurrence. You lose the right to do so if you don't file a lawsuit within that time. However, certain situations can allow more time for an injured victim to file a claim. An experienced attorney can help you understand your legal options and how to pursue a case if one of these exceptions applies.

Types of Car Accident Cases in Massachusetts

Most car accident lawsuits allege that another driver's negligence caused your injuries. However, a person injured in a car accident may have other types of claims against different parties. Parties that may be legally liable for a car accident victim's damages could include:

• A driver's employer. If the at-fault driver was a commercial driver or otherwise performing job-related duties, you may have a claim against their employer.

• Government entities. If a township fails to maintain its roadways in a safe condition, it could be liable for damages. Accidents involving government or public vehicles, like police cars, buses, snow plows for trains may also necessitate suing a government agency. These cases are challenging to pursue and have shorter statutes of limitations, so consulting an experienced attorney is necessary.

• An owner of commercial property. If you are involved in a car accident on commercial property, such as a parking lot, you may have claims against the business or property owner.

• Manufacturers of a vehicle or vehicle parts. Some car accident claims involve faulty parts, poorly designed vehicles or malfunctioning vehicle systems. These product liability claims have longer statutes of limitations but can be costly and challenging to pursue.

If you've been in any type of vehicle accident in Massachusetts, contact an experienced car accident attorney. They will help you understand your options for pursuing compensation, discuss the value of your case and help you determine the best way to proceed.