What to Do Following a Car Accident?
1. Collect as much information as you can about all vehicles involved, including the names, addresses, and phone numbers of the drivers.
2. Obtain contact details for any witnesses present at the scene.
3. Ensure that any traffic violations committed by the other driver are reported to the police.
4. Seek medical care immediately if you sustain injuries.
5. Inform your insurance provider about the accident promptly, but refrain from making any formal statements until you have consulted with your attorney.
6. Secure photographs of the vehicles involved, any injuries sustained, and the scene of the accident.
7. Reach out to a Worcester, MA auto accident attorney at Bay State Injury Attorneys quickly to understand your legal rights and options.
If you or someone you care about has been injured in a car accident in MA, reach out to us today. We are dedicated to safeguarding your rights and securing the compensation you deserve. You can leave the hassles of dealing with insurance companies and financial burdens to us—we handle it all.
Our client testimonials reflect how effectively we've supported past clients. Contact us to discover how we can support your recovery and legal needs. We are committed to achieving victories for our clients. Unlike firms that handle vast numbers of cases with the intent to settle swiftly, we are trial attorneys. We meticulously prepare each case as if it will go before a jury, ensuring no detail is overlooked. This includes obtaining comprehensive accident reports and conducting thorough witness interviews. Our dedication to diligent preparation often leads to superior outcomes for our clients.
In Massachusetts, those injured in car accidents are entitled to seek compensation for their damages. These damages are categorized into two types: compensatory damages, which are intended to reimburse you for losses like:
Economic damages, also known as "special damages" in Massachusetts, which address your financial losses, such as:
- Medical expenses
- Lost wages
- Property damage
- Costs for care and related services
Non-economic damages, referred to as "general damages" in Massachusetts, which may cover:
- Scarring and lasting disabilities
- Pain and suffering
- Loss of life's enjoyment
- Loss of companionship
In cases where a car accident results in fatality, or if injuries lead to death, a wrongful death claim may be pursued. This claim may cover further damages, including those for funeral and burial expenses.
Unlike economic damages, which include tangible losses like medical bills, general damages such as pain and suffering do not have a fixed formula for calculation. The estimation of these damages depends on multiple aspects:
- The severity of your injury, including conditions like broken bones, internal damage, or injuries that necessitate surgical intervention.
- The nature of the medical treatment required, which might include hospital stays, surgeries, or ongoing outpatient care.
- The permanence of the injury, which may involve scarring or long-term disabilities.
- The impact on your quality of life, including pain and suffering and loss of enjoyment of life.
Effectively presenting these factors to an insurance company or jury requires the expertise of a seasoned car accident trial lawyer who is skilled in maximizing compensation for affected individuals.
Who Is Responsible for Covering Expenses After a Car Accident in Boston?
Navigating the aftermath of a Worcester car accident can raise numerous questions about insurance coverage. Here is an overview to help clarify what expenses are typically covered, though a personalized consultation can provide more detailed guidance.
Medical Bills: Initially, Personal Injury Protection (PIP) insurance pays the first $2,000.00 of your medical bills. This coverage applies whether the expenses were incurred while you were in the vehicle or as a pedestrian or bicyclist involved in the accident. For medical costs exceeding $2,000.00, Massachusetts law mandates that these bills should be processed through your private health care provider. If you lack private insurance, or if your insurer denies the claim, or if you are covered under an ERISA plan, you might qualify for up to $8,000.00 in PIP medical benefits.
Lost Wages: If your injuries prevent you from working, you could be eligible to receive 75% of your average weekly wage from the PIP insurance, up to a maximum of $8,000.00.
Incidental Expenses: PIP insurance may also cover additional out-of-pocket expenses up to the $8,000 limit. These can include costs for household services like cleaning or yard maintenance, medical devices, and other necessary items.
Serious Injuries and Wrongful Death: Should your medical bills surpass $2,000, or if you suffer significant injuries such as fractures or require compensation for scarring, pain and suffering, or permanent disabilities, you are likely entitled to further compensation. This also applies to wrongful death claims under Massachusetts vehicle laws.
Uninsured or Underinsured Drivers: If the at-fault party lacks sufficient insurance, you may be able to claim against uninsured or underinsured motorist provisions in your own or a family member's policy. Visit our section on insurance purchasing for guidance on securing coverage against underinsured motorists.
Prompt action is crucial to ensure that all your rights and potential compensations are fully preserved.
In Massachusetts, if you are involved in a car accident, your insurance is responsible for covering medical bills up to a specified limit under the Personal Injury Protection (PIP) clauses of your policy. After your expenses surpass the tort threshold, which is $2,000 in medical bills, a fracture, or a permanent scar, you can pursue a claim for bodily injury and pain and suffering.
For a successful claim, you must be found 50% or less at fault for the accident. If responsibility is shared among multiple parties, you may still be eligible to recover damages as long as your contribution to the fault is no more than 50%. However, any compensation awarded will be adjusted based on your degree of fault under the comparative negligence rule.
Engaging a skilled car accident attorney is crucial, especially if you have sustained injuries in an accident. At Michael J. Spillane & Co., we are committed to demonstrating that you bear minimal or no fault for the incident, enhancing your ability to secure the full compensation you deserve.
At Bay State Injury Attorneys, our Worcester personal injury lawyers are equipped to manage a wide range of motor vehicle accident claims. We handle incidents involving:
- Snow and Ice
- Collisions with buildings
- Speeding violations
- Driving under the influence of drugs or alcohol
- Use of a cell phone while driving
- Texting while driving
- Other forms of distracted driving
- Accidents involving defective or recalled vehicles
- Crashes at dangerous intersections
- School bus related accidents
- SUV rollovers and related incidents
- SUV-related pedestrian injuries
- Hit and run incidents
In adverse weather conditions such as ice, sleet, rain, snow, or hail, the likelihood of multi-vehicle accidents increases significantly, as does the risk of serious injuries. Our team has the expertise, experience, and resources necessary to represent clients effectively in these complex situations, especially in cases of chain-reaction collisions on icy roads.
Get your personalized legal representation focused on winning your case. Tap into our decades of expertise today and start with a free, no-obligation case evaluation. Click the button below for details.