If you’ve been injured in a car accident, you should focus on recovery and leave the legal aspects of your claim to your Massachusetts car accident lawyer. When insurers stand in the way of just compensation, we handle them tenaciously.
At Trantolo & Trantolo, LLC we know how to successfully negotiate injury settlements and property damage claims with even the most difficult insurance carriers. We will persistently demand fair compensation for your losses while you concentrate on healing from your injuries.
What Is the Average Settlement for a Car Accident in Massachusetts?
The average car accident settlement in Massachusetts depends on the specifics of your wreck and the associated damages. In general, the more serious your injuries, the larger the settlement.
Your settlement will include economic damages like your medical bills, lost income, and other costs that have a specific dollar amount. You may also get non-economic damages like compensation for pain and suffering.
When determining the value of a car accident injury claim, key factors include the severity of injuries and length of treatment/recovery time, the at-fault driver’s insurance policy limits, lost wages and income, and property damage amounts.
Can You Sue for a Car Accident in Massachusetts?
You can sue for compensation in a car accident in Massachusetts if you can prove that another party or parties were responsible for your injuries. For a successful car wreck claim, you will need to prove that the other party owed you a duty of care, they failed in that duty, and it caused your accident and the resulting injuries.
In Massachusetts, you must first use your own insurance to cover your damages in a wreck. You can only seek additional financial compensation in a civil lawsuit if your injuries will result in $2,000 in medical bills or more and if you sustain a serious injury such as a broken bone or permanent disfigurement.
Even if your injuries don’t meet the specific legal requirements for filing a lawsuit, you still have the option to engage in negotiations with insurance companies to reach a fair out-of-court settlement. Insurers may be willing to provide compensation beyond medical expenses to avoid a lawsuit. By enlisting the help of our skilled attorneys, you can benefit from their expertise in negotiation strategies, increasing the likelihood of securing the highest possible compensation for your situation.
Who Pays for Your Damages in a No-Fault State Like Massachusetts?
Massachusetts is one of 12 no-fault states. In states with no-fault laws, when you are in a car accident, no matter who was at fault, your personal insurance will cover certain expenses, up to policy limits. Typically, the limit of most PIP coverage in Massachusetts is $8,000. You can file a lawsuit if your damages exceed your policy’s limits. Our Massachusetts personal injury attorneys are here to support you through the legal process.
How Fault Is Determined in a Car Accident in Massachusetts?
In Massachusetts, a driver is considered at fault for an accident if they are more than 50% responsible for the wreck, as determined by the Standards of Fault.
Photos, videos, witness statements, police and medical reports, accident reconstruction, and expert witness testimony can all be used to determine fault in a car accident. That’s why it’s important to preserve as much evidence as you can if you are involved in a crash. The more proof you have, the stronger your case for compensation will be.
Damages You Can Claim After a Car Accident in Massachusetts
If you successfully prove your Massachusetts car accident claim, you can recover any damages that were caused by another party’s negligence. This can include:
- Medical bills
- The cost of therapy and rehabilitation
- Lost wages
- The loss of your ability to work
- The cost of medical transportation
- Pain and suffering compensation
- Funeral and burial costs if you lost a loved one in an accident
Pain and suffering is one of the most difficult losses to prove, and this is typically decided based on the severity of your injuries. For example, a car accident victim who broke their leg would receive less pain and suffering compensation than another person in the same situation who suffered a traumatic brain injury.
Getting Compensation in a Fatal Car Accident in Massachusetts
Losing a loved one in a fatal Massachusetts car accident is painful. However, financial recovery is possible when negligent drivers irrevocably alter others’ lives. Under the state’s wrongful death law, certain family members of the deceased victim can pursue compensation.
Your car accident attorney from Trantolo and Trantolo, LLC will:
Calculate Your Damages
We will take into consideration all applicable damages like medical and funeral bills, loss of income and benefits, loss of companionship, and pain and suffering experienced before death.
Deal With the Insurance Company
Sending an initial demand letter to at-fault drivers’ insurance company demanding damages, then negotiating towards a settlement offer adequately covering all tangible and intangible harms. If insurers refuse reasonable compensation through settlement, we will file a wrongful death lawsuit.
No amount of money can ease the pain of losing someone you love. But holding negligent parties fully liable improves lives, policies, accountability, and community safety. An attorney gives power back to grieving families during vulnerable times.
How Long You Have to File a Car Accident Claim in Massachusetts?
Under Massachusetts law, the statute of limitations to file a car accident injury claim is generally three years from the date of the collision.
Some key notes on Massachusetts’ three-year timeline:
- The clock starts ticking on the actual date the crash and injuries occurred.
- Different rules may apply if the injured victim was a minor at the time of the accident.
- Allowing the three-year period to expire prohibits seeking damages via a lawsuit.
- Some exceptions exist, which your lawyer will explain.
Promptly consulting an attorney ensures necessary steps are taken to preserve your right to pursue financial recovery before Massachusetts’ statute of limitations expires.
Are Car Accident Claims Hard to Prove in Massachusetts?
Car accidents can be hard to prove, and one of the reasons for this is that the insurance companies will try to argue that you had more fault in the accident than you really did so they can deny or decrease your compensation. Our Massachusetts car accident attorneys have decades of experience fighting these tactics.
Even if you had no fault in your accident, the insurance company may try to trick you into making statements that will reduce the amount of your compensation. This is why it’s always a good idea to talk to a lawyer to learn more about your rights and options before you talk to anyone from an insurance company or sign any documentation.
We will build a case using compelling evidence to prove that you are legally entitled to compensation in your claim. Evidence we may use can include police reports, medical reports, photos and videos, and witness statements. We may even call in an expert witness, if necessary.
Why Choose Our Massachusetts Car Accident Lawyers?
The personal injury lawyers at Trantolo & Trantolo, LLC specialize in helping car accident victims get the compensation they deserve for their injuries. We have over 85 years of experience handling car crash cases. We are familiar with the unique challenges that these cases present, and we know how to get results.
Our car accident lawyers in Massachusetts understand how to interact with insurance companies to get the most compensation your claim deserves. We offer a free, no-obligation consultation to evaluate your case to determine what you may be entitled to and answer any questions you have.
We have recovered millions in settlements and verdicts for our clients. Put our experience to work in your claim by learning more about what we can do for you.
Talk to a Massachusetts Car Accident Attorney for Free
If you or a loved one suffered injuries in a car accident that was caused by negligence, contact our attorneys for a free consultation. There is no risk or obligation to discuss your potential injury claim and learn your legal options. We are here for you 24 hours a day, seven days a week. Let Our Family Help Your Family.