Boston Car Accident Lawyer
Don’t allow a car crash to put your future and finances at risk. To find out what your case is really worth and what your options for financial compensation are, consult an experienced Boston car accident lawyer.
When you’ve been hurt in an auto wreck, the last thing you need is additional stress and complications to add to what you’ve already been through. The injuries, trauma, and vehicle damage are all bad enough, but in some ways, the medical bills, lost time at work, pain and suffering, and other expenses and losses caused by the accident can all be far worse than the wreck itself.
Since Massachusetts is a no-fault state for car insurance, you should be able to count on your car insurance company to help you through at least some of these issues, but in reality, nothing could be further from the truth. They’ll give you a claim number and then actually treat you like a number. The insurance adjuster won’t be worried about getting you a sizable settlement that pays for your recovery—instead, they’ll be concerned with padding their own profit margins by settling your claim quickly and for as little as possible.
Whether you contributed to the cause of your accident or not, the insurance company won’t be on your side, which is just one more hurdle to deal with after the crash. A car accident attorney from Joel H. Schwartz, PC can help you solve these issues, however. In fact, we’ll both shoulder the burden for you and obtain the compensation you need so you can focus on your recovery instead of financial worries.
You Have Options Beyond PIP Coverage
Because Massachusetts is a no-fault state for car insurance, your own auto insurance company will be responsible for covering your initial damages after the crash. This includes your medical expenses, replacement services within your household and a portion of your lost income—not to exceed 75 percent—if you have to miss work. However, not all plans will compensate you for property damage and other losses.
Additionally, your no-fault coverage, also known as personal injury protection (PIP), will only pay for your expenses up to your policy limits. If your damages exceed your PIP coverage, you’ll need to seek additional compensation through a personal injury lawsuit against the at-fault party responsible for the cause of your auto wreck.
You’ll need to meet at least one of several criteria in order to be eligible to file a lawsuit, and a qualified car accident lawyer from Joel H. Schwartz, PC can help you make the determination if you aren’t sure. These requirements include the following:
- Your medical expenses must total at least $2,000.
- Your injuries include a bone fracture or break.
- Your injuries have resulted in permanent disfigurement.
- Your injuries have caused permanent sight or hearing loss.
Although these criteria can be interpreted as vague at best, that can only work in your favor. We will have room to negotiate with the insurance company in the hope that they’ll decide that settling for a fair and reasonable amount will be better for them than going to civil court, where they could be compelled to pay you a great deal more than what we are requesting.
Get Every Penny Owed for Your Boston Auto Accident Injuries
The type of injuries you suffer in your Boston car crash, as well as the severity of the injuries, will have a significant impact on the compensation you receive. For example, if you suffer brain damage or a spinal injury, it’s possible that a full recovery won’t be possible. This could mean that returning to work won’t be a feasible option and that you’ll no longer be able to take part in activities you once found enjoyable.
Likewise, a burn injury or deep laceration might not hinder your physical capabilities, but it could leave you permanently disfigured. This will greatly impact your personal life and could even interfere with your professional opportunities. A disfiguring injury might be correctable through plastic surgery, but doing so won’t be inexpensive—and it might not be covered by your health insurance, either.
Conversely, an injury like a broken bone or whiplash could be recovered from in relatively short order, but you’ll still accumulate medical debt and endure pain and suffering and a decreased quality of life in the interim. Injuries of this nature will often require extensive physical and occupational therapy, as well as mental health counseling, to ensure that you are able to make as full a recovery as possible.
Motor vehicle crash injuries can take years to recover from, and in the most severe cases, you will be stuck with permanently disabling injuries. If you weren’t the one at fault, you deserve to be compensated for all of the ways that your injury has impacted or is expected to impact your life. Your Boston car accident lawyer from our firm will do whatever it takes to make sure that happens.
The Insurance Company Is NOT on Your Side
As mentioned above, the last thing the insurance is worried about is treating you fairly. The insurance adjuster assigned to your claim might seem like he or she is on your side, but adjusters are trained to minimize the amount the insurance company will pay out on every single claim they come across.
One of the most commonly seen tactics used by insurance adjusters is requesting that you make a statement about your version of the events of the accident. They do this not to expedite the claim process but to manipulate the well-intended words you’ve provided to make it appear as though you are admitting fault for the collision.
You might be wondering why they would go to such lengths to place unwarranted blame on an injury victim. We know that the insurer is hoping to minimize the amount they settle for with every claim, and comparative negligence laws state that your award can be reduced based on the percentage of fault you carry for the accident, thus reducing the insurer’s required payout on your claim in court.
Whether you’re dealing with your own PIP insurance company or filing a claim with the at-fault driver’s insurance, any settlement offer you receive is all but guaranteed to be substantially less than what your claim is really worth. Assessing the true value of your claim means taking into account more than just your current medical and repair bills, which is something the insurer isn’t going to help you with.
Get the Most Out of Your Boston Car Crash Claim
Your Boston car accident lawyer will work closely with both you and your healthcare providers to determine the full extent of your injuries, the care you’ll need to recover, and how long your recovery will take. All of the following items will need to be factored into your financial award:
- Cost of medical care and treatment—including future expenses
- Any income you have lost because of your injuries
- Future earning potential, which might include bonuses and salary increases
- Renovations made to your home to accommodate a disability
- Costs of repairing or replacing your vehicle
- Medical equipment and prescription medications
- Pain and suffering
- Damage done to your marriage and personal relationships
- Lost enjoyment of life
- The effects of a disfiguring injury
- Emotional distress
- The loss of household services
In addition to the economic and non-economic damages you’ve endured, you also have the potential to be awarded a sum of punitive damages. A judge will only determine that this award is warranted if the actions of the liable party were egregious or done with the intention of inflicting harm. Designed as a way to punish wrongdoers, punitive damages can have a dramatic effect on the final amount you are awarded.
For you to get the most out of your Boston auto crash claim, it will be critical that we examine each and every way in which the injuries you suffered in your car accident have impacted or are expected to impact your life. Your dedicated attorney at Joel H. Schwartz, PC will be sure to consider all of your losses when calculating the true value of your claim.
Identify Everyone Responsible
Just as important as correctly assessing the value of your claim is knowing whether you have grounds to file a personal injury claim in the first place. While your injuries and expenses might meet the thresholds for filing, someone else still needs to be demonstrably at fault for what happened in order for you to receive compensation.
Determining who was at fault and how will require a full investigation of your crash. Evidence will need to be collected and witness testimony gathered. Your Boston car accident lawyer can handle these tasks for you. Whether the driver who hit you was guilty of speeding or driving while distracted, drunk, or drowsy, we’ll find whatever evidence is available to back up your claim.
It may even be that more than one party was at fault. For example, dangerous road conditions might have contributed to the crash, thereby implicating the government agency responsible for the road’s upkeep. Similarly, an unsecured roadwork site could leave the construction company at fault. We will also examine the vehicles involved in the crash to determine whether a part malfunctioned or was faulty. If it was and the negligent actions of the parts manufacturer are to blame, we will hold them accountable for their poor judgment.
When one or more of the aforementioned parties, or someone else entirely, is to blame for your car accident and injuries in Boston, it is critical that we bring anyone who contributed to your collision to justice. This will help to maximize the amount of compensation you receive.
Boston Car Accident FAQ
After your auto collision, you almost certainly have a number of questions that need to be answered. This is perfectly normal, and your experienced car accident lawyer from Boston will be available to answer any questions you might have. Below, we’ve addressed a few of the ones we hear most often:
How long do I have to file a car accident claim in Massachusetts?
Massachusetts allows injury victims a three-year statute of limitations in which to file a personal injury claim for a car crash. Although that may seem like plenty of time, it comes on quickly, and we need all the time we can get to conduct a thorough investigation into the cause of your car crash. If you exceed these time constraints, your case will more than likely be thrown out of court, so it’s best to get started as soon as possible.
What’s the first thing I should do after a car accident?
You should always seek medical attention immediately after a crash. Even if you feel fine, you might have suffered delayed injuries that aren’t showing symptoms yet. Afterward, you’ll want to contact your PIP insurance company so that your medical bills can start getting paid immediately. Make sure to contact our office so we can ensure the amount provided by your auto insurer is everything it should be.
Will I have to go to court for a car accident?
It’s possible, but the truth is that most cases settle out of court through negotiations with the insurance company. By building a compelling case backed with evidence, we can put you into the strongest negotiating position possible, making it more likely that court can be avoided. Trial only becomes necessary if the other side refuses to make you a serious offer.
What do I say to the other driver’s insurance company about the car crash?
If a representative of the other driver’s insurer contacts you and asks for a statement, you should instead refer them to your attorney. They’ll do everything they can to pin blame for the crash onto you because it will reduce what they have to pay you—and that includes using your words out of context against you. We can make sure they don’t get an unfair advantage over you.
Do I need an attorney to get compensated for a car wreck?
While it’s certainly possible to settle a claim without help from an attorney, you probably won’t get all the funds that you are entitled to. Even your own PIP insurer will try to minimize what they pay you, and the other driver’s insurer will either try to blame you for the wreck or make an offer that sounds good but is far from comprehensive.
A Boston auto wreck attorney can build a case that proves the other party’s liability and properly assesses the value of your claim, thereby giving you the opportunity for the largest financial award possible.
Contact a Boston Auto Wreck Attorney
Whether you were hurt in a minor rear-end collision or suffered serious injuries in a head-on accident or rollover, you deserve financial compensation when you weren’t at fault. While it might be true that the insurance won’t be on your side, you can count on Joel H. Schwartz, PC to look out for your best interests and to aggressively pursue the settlement you deserve.
If you are interested in exploring your options during a free, no-obligation legal consultation with a capable Boston car accident lawyer, give us a call at 1-800-660-2270 or submit the contact form on this page.