Boston Personal Injury Frequently Asked Questions | Joel H. Schwartz, P.C.

Boston Personal Injury Frequently Asked Questions

Any accident or serious injury is bound to result in a great deal of uncertainty and questions that need answering. No doubt this is a time of great anxiety, and you need information to determine how to proceed with your case and identify all of your options.

In the space below, we’ve provided answers to some of the Boston personal injury frequently asked questions we hear the most often:


How much time do I have to file a personal injury claim in Massachusetts?

Massachusetts provides a three-year statute of limitations in which to file a personal injury lawsuit against the at-fault party. If you wait to file until after the statute has expired, odds are very high that your case will be dismissed without being heard.


What are non-economic damages?

Non-economic damages cover any losses your injury causes that don’t have an obvious financial value associated with them. They usually negatively affect your quality of life and include pain and suffering, lost sexual function, damage done to your marriage, emotional distress, and lost enjoyment of life.


If I was partially at fault for my accident, can I still sue for compensation in Massachusetts?

Massachusetts observes contributory fault. This means that even if you were partially at fault for your accident, you can still seek financial compensation through a personal injury claim as long as someone else was more at fault. However, your financial award will be reduced by your percentage of fault.


What is a contingency fee?

A contingency fee agreement means that you won’t have to pay your personal injury attorney until after the case settles and you receive your financial award, at which point the attorney’s fee will be deducted from that amount. If you don’t receive a settlement, then you don’t pay your attorney anything.


Will I have to go to court for my personal injury claim?

The vast majority of personal injury claims settle out of court through negotiations. Your case will only need to go to court if the insurance or at-fault party refuses to make a fair settlement offer.


Should I accept the settlement offer the insurance made for my personal injury?

Never accept a settlement offered by an insurance company without first having an attorney evaluate it. Insurance companies are primarily concerned with increasing their profits by paying out as little as possible. Because of this, initial settlement offers are almost always less than what a claim is truly worth.


What can I do if my family member died in an accident?

If someone else was at fault for your loved one’s death, you might be eligible to file a wrongful death lawsuit seeking financial compensation. The damages you can seek are similar to a personal injury claim, and also include funeral expenses and lost guidance.


Consult a Boston Personal Injury Attorney

If you didn’t see your question answered or would just like more information, an experienced attorney from Joel H. Schwartz, PC will be happy to discuss your personal injury case with you in greater detail. To arrange a time to meet for a free, no-pressure consultation, please call 1-800-660-2270 or complete the form on this page.

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