6 First Steps to take after an Auto Accident in MA Massachusetts Car Accident FAQS
Frequently asked questions about your accident
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About MA Attorney David Reservitz
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MA Personal Injury Lawyer Contact Info
 
Massachusetts Auto Accident Lawyer
Reservitz Law Offices, P C
1265 Belmont Street, Suite 2
Brockton MA 02301
(508)588-5010
 
Massachusetts Auto Accident Lawyer - Boston Office
One Center Plaza, Suite 230
Boston, MA 02108
(617)523-5010

Straight Answers in Plain English About Your Auto Accident Case -  From a Lawyer Who Handles Them Every Day.

Here are a few of the most common Frequently Asked Questions we get about auto accident cases. If you've got other questions about a Massachusetts auto accident case, please take advantage of our free consultation and give us a call.

  1. How much am I likely to get in an Massachusetts Car accident settlement?

  2. How will my medical bills be paid?

  3. How long will it take to get a settlement from the insurance company?

  4. Will we have to go to court to get a fair accident settlement?

  5. What are considered settlement damages from a Massachusetts Car Accident?

  6. Am I entitled to sue for damages and pain and suffering after a Massachusetts Car Accident?

  7. I was hit by a commercial vehicle or someone driving in the service of an employer. Is the employer also responsible?

  8. Who pays for damage to my car?

  9. Will my premiums increase if I make a claim?

  10. Who pays the attorney fees?

  11. How do I prove who was at fault in my Massachusetts car accident?

  12. Can I get compensation for my lost wages from missed work after my auto accident?
  13. I've been injured in a motorcycle accident. Are there any specific issues that are different for me?

  14. I was charged with a crime in my accident. Can you help with a criminal charge?

  15. How long to I have to file a lawsuit after an Auto Accident?

  • How much am I likely to get in an Massachusetts Car accident settlement?
    This is a common question, but unfortunately it's very difficult to answer without gathering all the information and first doing a thorough assessment of your case. To do less would be a disservice to a client. 
    One of the biggest variables is how long your treatment takes, and how extensive it is. We do not generally look for a settlement until you have completed all of your medical care. That way we have the complete medical bills to start from.
    Every case is different. After your treatment is complete, and we've gathered all the relevant, facts, I'll be able to give you my assessment of what we should ask for, what we may  be willing to settle for, and conversely, under what conditions we might need to take the case to trial. 

  • How will my medical bills be paid?
    If you hire me as your attorney in your car accident injury case, as a service to you I'll make sure all of your medical bills will be paid. All the bills will be directed to my office, and I'll process  them, and forward them to PIP or the appropriate insurance company, and keep close track of the medical costs your incur.

  • How long will it take to get a settlement from the insurance company?
    Once again, this depends on the length of your treatment, since we don't put in a claim until that is complete. From there, it depends on a lot of administrative factors, and whether they are willing to settle or we need to sue them in court. Generally, the quickest these things get resolved is 6 months from the time of your accident, if your medical recovery time is not too extensive and if it is a relatively simple case that the insurance company is willing to setting. For more complicated and serious cases, and if the insurance company isn't being reasonable and we have to take them to court, it can be a year or more before your case is finally settled.

  • Will we have to go to court to get a fair accident settlement?
    Only if the insurance company won't give us a reasonable offer. I would say that about 90% of my cases do settle out of court, which is generally best for the client if we can get a fair offer. That way you can get on with your life. But I'll do whatever it takes to get a settlement that is fair and best for the client, so if we have to fight them in court, then we aren't afraid to do so.

    I prepare every case as if I expect to file a lawsuit and go to trial. As the dates get closer, and the insurance company knows we are prepared to follow through and settle it in court, it makes it more likely that they'll ultimately make a fair settlement offer.

  • What are considered settlement damages from a Massachusetts Car Accident?
    There are many different kinds of damages that can factor into a Massachusetts auto accident settlement when the other person is at fault. Any way that your life is negatively effected can be a factor. For example, I had a client that was injured in an MA auto accident who had back injuries, and had to wear a back brace as a bridesmaid in a wedding party. Any kind of discomfort, inconvenience, and embarrassment can factor into negotiating a settlement. These are things that I'll discuss with you during a thorough evaluation of you case.

  • Am I entitled to sue for damages and pain and suffering after a Massachusetts Car Accident?

    Yes, under Massachusetts accident laws you can file a lawsuit for pain and suffering if you meet the conditions described on my pain and suffering damages page.

  • I was hit by a commercial vehicle or someone driving in the service of an employer. Is the employer also responsible?

    Quite possibly, yes. The employer may be liable for the employee's negligence under the doctrine of vicarious liability, where the company is responsible for negligent acts committed during the course and scope of normal activities in service to the company. If the individual does not have enough insurance to cover all of your personal injury and pain and suffering claims, it can be helpful to your chances of getting a fair settlement if there is another party with liability.

  • Who pays for damage to my car?

    If your car is damaged in an accident, you are entitled to receive money from the person who was responsible for the accident. If your car is slightly damaged you may wish to recover through your own collision insurance.

  • Will my premiums increase if I make a claim?

    An insurer cannot increase your premium rates solely because you or one of the insureds under your policy made a claim and was paid unless it is determined that you or the insured was at fault.

  • Who pays the attorney fees?

    We will lay out our fee structure before you agree to hire us to represent you. Like most attorneys, we charge a contingent fee. This means that a percentage of the gross recovery is paid as an attorney's fees. If no injury or damage claims are recovered, then you don't owe any attorney fee. And we don't get paid until you get paid. 



  • How do I prove who was at fault in my Massachusetts car accident?

    Our experienced attorneys have an extensive process and analysis methodology to establish responsibility for the accident. Legally determining who is at fault in a car accident is a critical step in protecting your rights and medical bills. Click here for more details on how we establish legal responsibilities.



  • Can I be compensated for lost wages after missing work from my auto accident injury?

  • Yes, you can. In fact, it's possible for us to submit a claim to get you at least a portion of your wages back to you before the final settlement, so you can have money for expenses while you are out of work, receiving medical treatment, and recovering from your injuries. But this is something you'll want to do immediately, before your Personal Injury Protection allowance gets paid out to cover medical bills. It's better to get this money up front as compensation for your lost wages, and get your medical bills paid afterwards as part of your final settlement.

    The paperwork on lost wages compensation can be tricky, and if you don't get it done right away you can lose out. If this situation applies to you, and you need wage compensation in place of your lost paycheck from your medical condition after an accident, call me immediately so I can help you. 

  • I've been injured in a motorcycle accident. Are there any specific issues that are different for me?


    Yes, there are some subtle, but important differences. For instance, if you're injured in a MA motorcycle accident, you aren't eligible for the no-fault medical coverage called PIP( Personal Injury Protection). We'll have to treat the case somewhat differently to make sure your medical bills are covered. In some cases, that may mean more aggressive legal strategies against the person who hit you. Please call me for details about your Massachusetts motorcycle injury case.

  • I was charged with a crime in my accident (such as leaving the scene of an accident, leaving the scene of property damage, operating to endanger, reckless driving, operating without insurance, or on a suspended license). Can you help me?

    If you were injured in the accident, and you believe that another driver was at fault, then I can help you will all aspects of your case. If your case does not involve your own injuries, than you'll need a good Massachusetts criminal traffic charge defense lawyer



  • How long to I have to file a lawsuit after an auto accident?

    Generally, the statute of limitations for Automobile Personal Injury cases in Massachusetts is 3 years. Limitations may vary in Hit and Run cases, call me for details.

    However, if you think you may have an injury claim, you should speak to an attorney right away to make sure all evidence is preserved and recollections are fresh in your mind. It may be more difficult to win a case the longer you wait.

 


If you've been injured in an auto accident in Massachusetts, call me at (617)523-5010 to set up a free case consultation at my Boston or Brockton offices. You are under no obligation to hire us unless  you choose to do so. Why not take advantage of some free advice? There is nothing to lose, so call now. (617)523-5010 

Don't let your accident injuries and medical bills overwhelm you. Take advantage of my offer of a free consultation from an experienced trial injury lawyer now!

David Reservitz - Massachusetts Auto Accident Lawyer
Boston Office
One Center Plaza, Suite 230
Boston, MA 02108
(617)523-5010
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