The aftermath of a car accident can be overwhelming, especially if you have sustained injuries. Amidst the physical and emotional distress, navigating the legal complexities of filing a claim can feel daunting. Unfortunately, misinformation surrounding car accident claims in Massachusetts often circulates, further adding to the confusion. To empower you with accurate information and ensure you receive the compensation you deserve, let's debunk some of the most common myths:

Myth #1: You can't file a lawsuit in Massachusetts because it's a "no-fault" state.

While Massachusetts operates under a personal injury protection (PIP) system, often called "no-fault," it doesn't completely bar lawsuits. This system provides primary coverage for medical expenses and lost wages up to $8,000, regardless of fault. However, you can file a lawsuit against the at-fault driver if your medical bills exceed $2,000 or you suffer a serious injury, defined as:

  • Significant and permanent loss of bodily function

  • Serious scarring or disfigurement

  • Fracture

  • Dislocation

  • Loss of an eye, limb, or organ

In 2020 alone, 18% of car accident claims in Massachusetts exceeded the $2,000 PIP threshold, demonstrating the prevalence of situations warranting legal action.

Myth #2: You don't need a lawyer if your injuries are minor.

Even minor injuries can lead to significant medical expenses and lost wages. Some injuries, like soft tissue damage, may not manifest symptoms immediately, making early legal guidance crucial. A lawyer can help ensure proper documentation, treatment, and negotiation for an adequate settlement, even for seemingly minor cases. According to the American Bar Association, only 8% of accident victims who hire lawyers experience financial hardship compared to 36% who represent themselves.

Myth #3: The insurance company will automatically offer a fair settlement.

Insurance companies prioritize their bottom line and often employ tactics to minimize payouts. They may try to downplay the severity of your injuries, dispute liability, or offer lowball settlements. Navigating these tactics alone can be challenging, putting you at a disadvantage. An experienced attorney familiar with Massachusetts law and insurance company practices can advocate for your rightful compensation, significantly increasing your chances of a fair settlement. Studies show that accident victims who hire lawyers receive settlements 4.3 times higher on average than those who handle their claims independently.

Myth #4: Lawsuits are expensive and time-consuming.

Most personal injury lawyers in Massachusetts work on a contingency basis, meaning they only get paid if they win your case. This reduces your financial risk and ensures your lawyer is highly motivated to achieve the best possible outcome. Additionally, while lawsuits can take time, a skilled attorney will handle the complexities, allowing you to focus on recovery. Remember, your potential financial compensation can far outweigh the initial wait.

Myth #5: Accepting the first settlement offer is always the best option.

Insurance companies often present initial offers quickly, hoping to capitalize on your immediate financial stress or lack of understanding. These offers rarely reflect the true value of your claim. An experienced attorney will evaluate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs, and negotiate for a settlement that truly compensates you for all your losses.

Seeking Guidance After a Car Accident in Massachusetts:

If you've been involved in a car accident in Massachusetts, remember you have rights. Don't let misinformation and pressure dictate your next steps. Here are some key points to remember:

  • Seek medical attention immediately: This is crucial for your health, and document the extent of your injuries.

  • Gather evidence: Collect police reports, witness statements, photos of the accident scene and damage, and any medical records related to your injuries.

Consult a qualified Massachusetts car accident attorney today. Neil P. Crowley is a partner with Brooks & Crowley LLP, a personal injury and real estate law firm with offices in Boston, Dedham, and Norwood, Massachusetts. He has expertise in navigating legal complexities, maximizing compensation, and protecting your rights. Don't be afraid to ask questions and explore your options. A trusted attorney can provide personalized guidance and support throughout the process, ensuring you receive the justice and compensation you deserve. Contact us today.