Massachusetts Accident Lawyers

In Massachusetts, auto accident claims are based on driving negligence or fault. Negligence occurs when a driver does not use "due care" in operating their car. "Due care" is subjective to a degree, but in most accidents, the driver at fault is reasonably clear. In close cases, where fault is unclear, the injured person may have a harder time collecting, but generally the value of the claim will be only somewhat lower. If the injured person was clearly at at fault, then they may have a harder time pursuing claims against another driver (but should still speak to a lawyer as they may be able collect under their own policy and that of the vehicle).

A car accident claim is based upon two factors that insurance companies will use in evaluating your claim: the issue of liability and the calculation of damages. The liability element of the claim is where an insurance carrier assesses who was at fault in the accident as discussed above. The second element is a question of damages, listed below are some of the circumstances where an injured driver can pursue a legal claim. The main factor in many accident claims especially those involving back and neck injuries, is whether at least $2000 in medical bills has been sustained. If that amount is reached, including the bills during the coarse of treatment, an injured person may bring a legal claim.

Can you Sue? These are some of the Factors:

Under Massachusetts car accident law, you are entitled to seek damages for pain and suffering against the operator(s) of the other motor vehicle(s) involved when any one of the following criteria are met:

1. Death is caused;
2. A fractured bone is suffered;
3. Permanent and serious disfigurement is caused;
4. A "sense" is lost such as hearing, sight, taste or smell;
5. Loss of a body part is suffered;
6. Or, where your reasonable and necessary medical bills equal or exceed $2,000.
(Massachusetts General Laws: Chapter 231: Section 6D.)

Proof of any one of the elements above typically require that you obtain your medical records from the institutions or individuals by whom you were treated as a result of the accident. Your attorney may obtain your medical records for you upon receipt of your written consent typically in the form of a Release. You may then decide with the advice and counsel of your attorney whether you should pursue your action against another party for damages.

Typically, in cases where serious injury has resulted, a plaintiff will have claims for pain and suffering, which is defined above; negligent and/or intentional infliction of emotional distress; and loss of consortium.

A plaintiff may also have a claim for loss of consortium in instances where a family member or spouse is severely injured or dies as the result of an automobile accident. Loss of consortium may be proven in the spousal arena by showing that the relationship, both physically and emotionally, has been damaged as a result of the accident. In the familial arena, parents of a child or an adult child who is dependent on his parents for support may have a claim for loss of consortium where the child has been seriously injured against any person who is legally responsible for causing such injury.

You will need an attorney to ensure that you have properly asserted all the claims upon which you are entitled to recovery. You should always seek advice and counsel of a competent attorney prior to initiating any type of legal proceedings against another.

Our statewide Network features Massachusetts personal injury lawyers who have experience handling basic rear ender accidents as well as obtaining six and seven figure verdicts for people seriously injured in car accidents. Find a Massachusetts Accident Attorney >>

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Massachusetts Car Accident Pictures and Stories

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Dakota Sport Truck Rollover Massachusetts Submitted/Added: 25 July 2005

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Changing CD Player Car Crash Middleboro, Massachusetts Submitted/Added: 6 June 2005

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Jeep Rollover Accident Boston, Massachusetts Submitted/Added: 23 May 2005

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Car Fire Rescue Stockbridge, Massachusetts Submitted/Added: 21 March 2005

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Oldsmobile Accident Worcester, Massachusetts Submitted/Added: 19 March 2005

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Pulling out of Burger King Springfield, Massachusetts Submitted/Added: 11 March 2005

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Hit By Speeding Police Car Hanover, Massachusetts Submitted/Added: 3 February 2005

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Fell Asleep at Wheel Framingham, Massachusetts Submitted/Added: 11 January 2005

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Deer Collision Plainville, Massachusetts Submitted/Added: 3 April 2004

Massachusetts Car Accident Attorneys

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Handling claims in all Massachusetts Towns Including

Acton Amesbury Agawam Amherst Andover Ashburnham Arlington Ashfield, Ashland, Athol, Attleborough, Attleboro Barnstable Belmont Beverly Barre, Bedford Billercia Berkley, Berlin, Bolton, Boston Boxborough, Boxford, Boylston, Bradford, Braintree Bridgewater, Brockton, Brookline Burlington, Buzzards Bay, Carlisle, Charlemont, Charlestown, Charlton, Chelmsford, Chelsea, Clinton, Concord,
Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Duxbury, Deerfield, Dudley, Easton Everett, East Longmeadow, Essex, Fall River, Franklin, Freetown, Falmouth Fitchburg Framingham, Foxboro, Gardner, Gill, Gloucester, Granby, Groveland, Hanover, Haverhill, Holyoke, Hadley, Hamilton, Holbrook, Holliston, Hopkinton, Hubbardston, Hudson, Ipswich, Kingston, Lakeville, Lancaster, Lawrence Leominster Lexington Lowell,Lincoln, Ludlow, Lynn, Lynnfield, Malden, Marblehead, Marlborough, Marshfield, Maynard, Melrose, Methuen, Methuen, Middleborough, Middlefield, Milford, Milton, Monterey, Medford Melrose Metheun Nantucket, Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Newbury, Newburyport, Newton, North Attleborough, North Brookfield, Northampton, Northborough, Paxton, Pepperell, Peabody Pittsfield Plymouth,Provincetown Quincy, Reading, Richmond, Rockport, Rowe, Rowley, Randolph Revere Salem Saugus Sherborn, Southbridge, Spencer, Sterling, Stoughton, Stow, Sturbridge, Sudbury, Templeton, Topsfield, Townsend, Truro, Shrewsbury Somerville Springfield Taunton Tewksbury Upton Waltham Wakefield Watertown Wayland, Wellesley West Boylston, West Newbury Westborough, Westford, Weston, Westport, Williamstown, Wilmington, Winchendon, Winchester, Woburn, Worcester, Yarmouth, Westfield, West Springfield Weymouth Worcester


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