The extent of my injuries after a car accident only became clear after a few weeks. How long do I have in MA to claim injury after an accident?

The Massachusetts General Laws states that from the date of the accident there is a three year period to file a law suit in court (“statute of limitations) against the other driver and a two-year period in which to claim No Fault and Medical Payments benefits against your own insurance company. When the vehicles are both registered and insured in Massachusetts and there are personal injuries, each driver submits his or her initial claim to his or he own insurer under the MA No Fault Law. Depending on the type of health insurer you have, the No Fault Carrier is responsible to pay up to $8,000.00 per person for reasonable and necessary medical expenses and partial lost wages plus up the limits of any optional Medical Payments coverage for reasonable and necessary medical expenses. Again, the medical bills must be incurred within two years. However, the insurer can contest the

Read More »

Understanding Your Rights in a Car Accident: Massachusetts Personal Injury Claims Explained

You could be driving down I-95 during rush hour when suddenly a person driving a large SUV whips into your lane and causes you to rear-end him. However, there were multiple witnesses who reported to Massachusetts State Police that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, but, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This type of car accident is more common on Massachusetts highways than one might think. How Much Time Do You Have to File a Lawsuit? A car accident can be devastating, causing you and your dependents to lose your economic stability due to debilitating injuries. In Massachusetts, there is a statute

Read More »

After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know. First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to go to court for damages. After three years, based on the statute of limitations, a court will most likely refuse to hear a suit. To be safe, don’t wait. Seek legal advice promptly after an accident. Second, Massachusetts law stipulates that car accidents are adjudicated under modified comparative fault. This means that any damages the court orders are decreased by any percentage of fault you are found to have in the accident, as long as you are not more at fault than the other driver. For example, if a jury deems the other driver 85% at fault and you to be 15% at fault, and the award is $10,000,

Read More »

What to do if you are a Passenger Hurt in a Car Accident

In Massachusetts, if you have been injured in a car accident as a passenger, there are several options for how you can be compensated for your medical care and related expenses such as loss of wage. It’s important to recognize that, regardless of the severity of your injuries, you cannot recover more than the total value of your claim. In other words, you cannot “double dip” the same claim from multiple insurance policies. Using Coverage of the Vehicle You are a Passenger in or Your Own Coverage Immediately following an accident, you have the right to file a claim using the mandatory Personal Injury Protection and/or optional Medical Payments coverage that is included in the driver’s insurance coverage or, if none, your own insurance policy. These do not take into consideration fault or liability and only compensate for medical expenses. PIP does not cover pain and suffering, but does cover

Read More »
Top