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Car Accident FAQs
Nearly all of us at some point will be involved in a car accident. Sometimes these accidents are minor and no one is injured. Other times with more severe auto crashes, serious personal injuries can result. No matter what type of car accident in Massachusetts you had, here are some frequently asked questions that hopefully will help you move forward in the best manner possible.
- Do I Need Money Up-Front to Hire You?
- Do I Have a Case?
- Will I Have to Go to Trial?
- How Long Do I Have to Bring a Claim?
- If I Refuse Ambulance Transport Does That Mean I Do Not Have a Case?
- How Much Do You Charge for an Initial Consultation?
- How Are Medical Bills Paid?
- Can I Get a Pain and Suffering Settlement?
- What is the Statute of Limitations for Car Accidents in Massachusetts?
- Are Settlements Taxable?
- How Much is My Case Worth?
- What if I Was Partially At-Fault?
- Do I Need a Car Accident Lawyer to Represent Me?
Do I Need Money Up-Front to Hire You?
No! My office only gets paid if we get you a settlement, or, if your case goes to trial, a victory at trial. My office charges the standard 33 1/3 % as a legal fee.
Do I Have a Case?
This depends on a number of factors. Were you injured? Is someone responsible for your injury? Is there insurance? Has the statute of limitations passed? Basically, this question does not have a standard response, but rather is dependent on a number of factors.
Will I Have to Go to Trial?
Most cases do settle prior to trial. However, there is always a chance that your case can go to trial if the sides cannot settle the case.
How Long Do I Have to Bring a Claim?
In Massachusetts, some claims have longer, or shorter, statute of limitations. Many claims have a three years statue of limitations in Massachusetts, but some do not. Each case is fact specific.
If I Refuse Ambulance Transport Does That Mean I Do Not Have a Case?
No. The fact that you were not taken from the scene of your accident by ambulance does not mean you do not have a case.
How Much Do You Charge for an Initial Consultation?
Our office charges nothing for consultations. Boston car accident lawyer Christopher Earley has successfully handled hundreds of Massachusetts car wreck cases.
How Are Medical Bills Paid?
Massachusetts is a no-fault car insurance state. We have in the Commonwealth something called PIP. This stands for Personal Injury Protection benefits. The car insurance for the car you were in at the time of the car accident in Boston will pay up to $8000 in medical bills, and lost wages. This entire amount can be used exclusively for medical bills, lost wages, or a combination of the two.
Can I Get a Pain and Suffering Settlement?
Yes. As long as your medical bills from the accident total at least $2000, then you may file a claim for pain and suffering.
What is the Statute of Limitations for Car Accidents in Massachusetts?
The statute of limitations for car accidents in Massachusetts is three years. Though it is different for minors. Also, some entities such as the MBTA have strict notice requirements that mus be followed.
Are Settlements Taxable?
Under Massachusetts as well as federal law, car accident settlements are not considered income and they are therefore not taxed.
How Much is My Case Worth?
That is a hard question and depends on a number of factors. Some factors include whether liability is clear, amount of medical bills and lost wages, type of injury, whether the injuries have healed or will be permanent, liens, etc.
What if I Was Partially At-Fault?
Massachusetts law says that as long as you are not more than 50% at fault, then you can still pursue a bodily injury claim. This is legally called comparative negligence.
Do I Need a Car Accident Lawyer to Represent Me?
It is smart to hire a car accident lawyer to represent you. This will ensure that you get everything you are owed following the accident.
