A personal injury claim is a claim where someone has been injured or killed due to the negligence of someone else. There are 3 aspects of every claim:

  1. Liability – In Massachusetts, you can only make a claim against another driver for an auto accident if you are less than fifty-one percent at fault. Basically, the other person has to be more at fault than you are in other for you to recover your damages. If you cannot get past the liability hurdle, you may not have a claim.
  2. Coverage – In Massachusetts, cars are required to carry a minimum amount of insurance. However, just because it is required does not mean that everyone carries insurance. Insurance coverage can lapse unintentionally or intentionally. In these cases, someone could be seriously injured by a person with no insurance and no assets. Whether the at fault vehicle has insurance or not and, if insured, the type, quality, and provider will all play a role in your claim.
  3. Damages – According to Massachusetts law, in order to make a personal injury claim in an auto accident, you must meet one of two requirements:
    1. You must acquire medical bills in the minimum amount of $2,000;
      OR
    2. Alternatively suffer a bone fracture, permanent hearing or eye damage, or a disfiguring scar.

Filing a Claim With a Personal Injury Attorney at Brooks & Crowley LLP

If you've been in an accident; have considered the Liability, Coverage and Damages aspects of your case; and feel that you have the ability to file a successful personal injury claim, reach out to the car accident attorneys at Brooks and Crowley LLP today. We have offices throughout Eastern Massachusetts in Dedham, Boston and Norwell. Contact our personal injury lawyers for results that make a difference.

Neil P. Crowley
Personal injury attorney for vehicle and construction accident, premises liability and wrongful death cases.