Notice: Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. Please don’t hesitate to call us if you have any questions!

Boston Car Accident Attorneys

Skilled Legal Counsel For Victims of Car Accidents

Every day, over 90 fatalities and over 6,600 injuries happen due to motor vehicle accidents, according to the National Highway Traffic Safety Administration. In the U.S., the traffic fatality rate is over 10% per a population of 100,000 people. In Massachusetts alone, the traffic fatality rate is 4.5% per a population of 100,000.

Although an everyday event for most Americans, driving is one of the most dangerous activities we participate in. Because driving is so commonplace, people start to forget about many of the inherent dangers and can easily get distracted. Drivers and passengers suffer from serious auto accident injuries every day, and unfortunately, these accidents can lead to the loss of a loved one.

Our car accident lawyers are fully committed to protecting the rights of car accident victims and their families in Boston. Most car accident victims are not aware of their legal rights. Our firm has the experience and knowledge to guide car accident victims through the entire claims process to ensure they receive fair compensation for their injuries.

Call (617) 934-3207 for a free consultation where you can discuss the details of your accident with a knowledgeable attorney.

Massachusetts No-Fault Car Accident Laws Explained

Massachusetts follows a "no-fault" system in regards to car accidents. This means that injured drivers and passengers must first turn to their own personal injury protection (PIP) coverage for compensation for medical expenses, lost income, and other out-of-pocket costs after a collision regardless of who actually caused the crash.

You may only step outside of this no-fault system and file a third-party claim against the driver who caused your accident if:

  • Your reasonable medical expenses exceed $2,000, and/or

  • You suffered injuries resulting in permanent and serious disfigurement, fractured bone, or vision or hearing loss

If your case meets these requirements, you must file a claim against the responsible driver within three years of the date of the crash to preserve your right to sue. If this statute of limitations expires, your case will likely be thrown out of court and you will permanently lose your ability to seek damages. For this reason, if you are considering filing a personal injury lawsuit, it is crucial you discuss your situation with a skilled attorney as soon as possible to ensure you are compliant with all applicable deadlines.

We Can Help You Stand Up to Insurance Companies

While insurance companies may present a friendly outward persona to secure and maintain your business, the reality is that insurance companies are not on your side and are primarily concerned with minimizing the number of claims they have to pay out. Insurance adjusters are trained to search for ways to limit or deny claims in order to minimize the company's liability. For example, one of the most common tactics used is to request you to make a statement of your version of the events leading up to a collision, only to subsequently twist your well-intended words and shift blame for the crash to you and limit your eligible recovery.

Whether you are dealing with your own insurance company with a PIP claim or filing a claim with the at-fault driver's insurance, you need an advocate on your side who can level the playing field and fight for the full compensation you are owed. We can handle all communication and negotiations with insurance companies on your behalf, and if necessary, pursue litigation if a fair settlement cannot be reached.

Causes of Car Accidents

Distracted driving and driver negligence are some of the leading contributors to car accidents. This includes speeding, failure to stop or yield, failure to use proper care, and using a cell phone. When a driver negligently or carelessly operates a vehicle and as a result causes serious injury to another, the driver should be held legally responsible for the injury.

There are various reasons as to why a driver may be involved in a motor vehicle accident. Common causes include, but are not limited to:

  • Distracted driving

  • Operation of a motor vehicle while alcohol-impaired

  • Excessive speeding

  • Inclement weather, such as heavy rain or a snow storm

  • Inexperienced drivers, such as teenage drivers

  • Operating a motor vehicle in low visibility settings, such as nighttime or during a storm

  • Running a red light or stop sign

  • Unsafe and improper turns and lane changes

  • Automobile defects

Determining fault will require a full investigation of your crash, including analyzing eyewitness testimony, vehicle "black box" data, video surveillance footage, police reports, and utilizing accident reconstruction techniques. Depending on the circumstances, more than one party may be responsible for your collision. For example, a dangerous road condition may have contributed to your collision, putting the local government agency responsible for the road's upkeep at fault. Our attorneys can find the evidence that is necessary to back up your claim.

Common Injuries in Boston Car Accidents

The immense force of a car accident can cause injury to nearly every part of the body. Even low-speed collisions can have cause devastating injuries depending on the size of the vehicles involved and the angle of impact. Some car accident injuries such as internal bleeding can have delayed symptoms and may not be immediately apparent until hours or even days after a collision. For this reason, it is imperative you seek medical treatment after a collision of any severity to protect your health.

Some of the most common injuries caused by car accidents include:

  • Broken and fractured bones
  • Cuts and lacerations
  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal organ damage
  • Dental injuries
  • Whiplash

How Much Is Your Case Worth?

The value of your car accident case will be heavily influenced by the severity of your injuries, the care you need to recover, and the length of time your recovery will take.

Your financial award will take into account many factors, including:

  • The cost of your present and future medical treatment

  • The amount of income you have lost due to your injuries

  • Lost future earning potential

  • Any long-term disabilities you suffer from as a result

  • Medical equipment and prescription medication

  • Pain and suffering

  • Emotional distress

  • Any home modifications required to accommodate a disabilities

If a loved one was killed in a collision, you may be able to pursue additional compensation for wrongful death. In rare cases, punitive damages may be awarded if the party responsible for your accident acted with extreme negligence or intentionally caused your injuries. While economic and non-economic damages are meant to make an injured party "whole" again, punitive damages are designed to punish the liable party and can dramatically increase your eligible award. Since every case is different, it is important to consult with an attorney to get a more accurate representation of your case's value and the most appropriate course of action.

Your First Steps After a Car Accident

If you have been involved in a car accident, stay calm. While you may be shaken up, it is important to be mindful of your actions as they can have a considerable impact on your ability to recover compensation.

After a car accident, be sure to do the following:

  • Stay at the scene and call the police. Never leave the scene of an accident until directed to do so by law enforcement.

  • Call an ambulance for any critically injured parties and render aid.

  • Take detailed photos of the accident scene, including all damage, tire tracks, traffic patterns, weather conditions, and any other details. The more evidence you have, the better.

  • If there are any witnesses to the crash, get their contact information.

  • Exchange contact information, driver's license numbers, registration information, and insurance policy numbers with all involved drivers.

  • Seek medical attention even if you feel fine. Tell your doctor that you were involved in a car accident and mention any and all pain you may be experiencing.

  • Keep records of all medical treatments you receive as well as any expenses you incur related to your injuries. Keep a journal detailing how your injuries are affecting your day-to-day life during your recovery.

  • Inform your insurance company of the crash as soon as possible. Most insurance policies require you to report a collision within a few days in order to be covered.

A Successful Claim Can Aid Your Recovery

The person or people responsible for your accident have a responsibility to help you through recovery. People have car insurance for this exact reason. In most cases, it is the insurance companies that fight these claims the hardest. You need an attorney who is experienced with these claims and can fight insurance providers on equal footing.

At Mitcheson & Lee LLP, our knowledgeable auto accident attorneys in Boston are ready to fight for your rights. Our goal is to obtain justice for our clients and their loved ones. Call us today at (617) 934-3207 to schedule a complimentary consultation.

Boston Car Accident FAQ

If I hire a car accident attorney, does this mean I will have to go to court?

It is possible, but unlikely. Most car accident cases settle out of court through negotiations between your attorney and the involved insurance companies. By building a solid case, we can put you in the strongest negotiating position possible to secure a fair settlement without ever setting foot in a courtroom. Going to trial will only be necessary if the other side refuses to make you an acceptable offer.

How long will it take to handle my case?

It is difficult to say. Car accident cases can take anywhere from a few months to several years to resolve depending on the specific circumstances at play, such as the severity of the injuries involved, the extent of the required medical treatments, the overall value of the claim, the cooperation of the involved insurance company, and whether or not the case goes to trial. While many people would prefer a speedy or immediate settlement, there are situations where a longer timeline may be necessary to secure a larger financial award. It is best to discuss your situation with an attorney to determine what type of timeline to expect in your case.

Is it really necessary to hire an attorney?

Most likely, yes. While it is certainly possible to recover compensation after a car accident without a lawyer's help, you will have a lower chance of securing the full value you are owed and will have a much higher chance of encountering difficulty with your claim. If your case involves only minor cosmetic damage to your vehicle and little more than a few bumps and bruises, you can probably get away with handling your auto accident case on your own. However, it is in your best interests to hire an attorney if any of the following apply to your case:

  • You or a passenger were seriously injured
  • Someone was killed in the collision
  • The opposition is blaming you for the collision
  • Your case involves particularly complex case law
  • The insurance company is offering you a low settlement
  • You are uncomfortable handling your own claim for any reason

Recommended Reading