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A Massachusetts Car Accident FAQ

Car Accident Attorney in Peabody, Massachusetts

Car accidents are a leading cause of personal injury in the state of Massachusetts. If you have been involved in a Massachusetts car accident, you may have questions about your legal rights and options. The Car Accident FAQs from the Law Offices of Barry Feinstein & Affiliates, P.C. can help you understand your rights and options under Massachusetts law. With over 25 years of experience handling car accident cases, our car accident lawyer has the knowledge and experience to get you the injury claim compensation you deserve. If you have been injured in a car accident, contact our law office today for a free consultation.

Why do I need a car accident attorney in Massachusetts?

If you’ve been involved in a car accident in Massachusetts, you may be wondering if you need a car accident lawyer. The answer to this question depends on a number of factors, including the severity of the accident and the insurance coverage of the parties involved. However, in many cases, having a car accident attorney on your side can make a big difference in the outcome of your personal injury claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., our experienced car accident lawyers can help you navigate the complex legal landscape after an accident. We can help you understand your rights and options, and we will fight for the best possible outcome in your case. If you’ve been involved in a car accident, do not hesitate to contact us today for a free consultation.

What Is a Car Accident?

Car accidents generally refer to road traffic collisions involving motor vehicles. Car accidents can result in property damage, serious injuries, and even wrongful death. The cause of a car accident can vary. Usually, distracted driving, speeding, impaired driving, and bad weather conditions can lead to accidents.  Car accidents can affect many different parts of a victim’s life, such as their physical and mental health, their ability to work and make money, and their relationships with other people. If you or someone you know has been involved in a car accident, it is important to contact an experienced car accident lawyer to discuss your legal options.

Can I still get compensation if I wasn't wearing my seat belt when the accident happened?

It is determined by the condition of the motor vehicle accident. In Massachusetts, not buckling up can negate or reduce any potential compensation for bodily injury based on the idea that people are more severely injured when unrestrained. Your Boston car accident attorney will inform you about your state’s laws and will defend your right to damages.

Is it advisable to provide my medical records to the adjuster of the other motorist?

Car Accident FAQsThat is not the case. Medical records should only be given out under certain circumstances and only after consulting with a reliable personal injury trial lawyer.

If your medical information falls into the insurance adjuster’s hands, it can jeopardize your case. Even though you may need to show x-rays or bills to prove your injury, a lawyer can help you make sure that you only show relevant information and do it at the best time for your case.

Will I have to appear in court if I file a personal injury claim?

If the insurance company of another motorist agrees to pay what your attorney believes is an appropriate sum, and you wish to accept it, your case will not go to court. 

However, in certain circumstances, a formal trial procedure is required due to irreconcilable insurance claims. In either case, it’s important to hire a law firm that has expertise in dealing with personal injury claims.

Do I have to see a doctor if I do not feel harmed following an automobile accident?

After an accident, you and your passengers must visit a doctor. A doctor or nurse may find injuries on your body that you cannot see but are very serious.

Your health plan may cover the cost of a doctor’s visit and medical treatment or medical bills. You must not try to settle a claim from an accident until a doctor has looked at you and told you what is wrong.

What if I feel that the accident I was in was at least partly my fault?

You are unlikely to have your best knowledge of how or why the accident has occurred. Your vehicle’s faulty equipment, a malfunctioning traffic signal, or another motorist’s overconsumption are just a few of the many possible causes of an automobile accident, all of which your personal injury attorney can investigate and evaluate. Accepting responsibility and apologizing to another motorist may be used against you in court. It is up to a judge or jury to determine who is to blame.

Is it still possible to win my case if my memory of the accident scene now contradicts what I may have said at the time?

It is quite common for people to misinterpret what they said during an incident and later correct it. A witness may misunderstand what you said about how the event occurred, for example.

If you do not want to try and explain how something you experienced has changed your memory, an attorney can assist you in finding support for your side of the story.

I was in a vehicle accident and the airbags in my automobile did not deploy. Do I have a case against the auto manufacturer?

That is dependent on a variety of things, including the severity of the impact and your seat belt usage. In any case, you must contact a personal injury attorney.

With the help of a specialist, your car accident attorney will look at your car’s airbag systems and figure out whether they are designed to deploy under certain circumstances. If your accident circumstances are such that the airbags should have deployed but did not, you may have a product liability or lemon law claim against the manufacturer.

I'm not sure if I must sue or let the insurance company handle it. Is there somewhere I can get assistance?

Often, insurance attorneys will square off and eventually settle claims, but each automobile accident is different. Depending on the number of injuries, complexity of medical records, expert testimony, photographic evidence, and witness testimony, these cases may be complicated. 

You may want the assistance of a competent legal counsel to assist you through the intricacies of legal procedures. If you have any concerns or questions about your case, it is a good idea to contact a car accident lawyer in your area.

Who is in charge of paying the medical bills following a motor vehicle accident?

Massachusetts is known as a no-fault auto accident jurisdiction. This means that when you get auto insurance, you must obtain Personal Injury Protection (PIP) coverage.

Personal Injury Protection (PIP) is an insurance policy that provides financial assistance for medical expenses and lost income in the case of a serious accident. You are covered by PIP and can benefit from these services regardless of who is to blame for the collision.

If you want to collect additional non-economic damages like pain and suffering or if your medical expenses exceed the amount covered by PIP, you must meet the tort threshold specified by Massachusetts personal injury law in order to bring a lawsuit against the person at-fault for the car accident.

What does the tort threshold signify?

In Massachusetts, no-fault laws mean that you cannot get money for your injuries and non-economic damages from a car accident unless you meet the tort limit for claim.

Your total medical expenses should be not less than $2,000. Injuries that create a permanent disfigurement, such as broken bones, permanent eye or hearing damage, or any other form of significant bodily harm, are covered. 

If you exceed this threshold, you can bring a personal injury or tort claim against the individual who caused the collision.

What must I do to hold someone responsible for the damages in the car accident?

You must show that the other person was legally at fault for the accident in order to recover pain and suffering and other compensation from the individual. In such cases, you must show that the other party’s recklessness has resulted in your getting hurt in the accident. Most of the time, you can prove that the other driver is at fault by showing that they have broken a safety rule (like going over the speed limit) or by showing that a reasonably careful driver should have exercised caution.

What is the best way to establish responsibility?

The lawyer will gather evidence such as police reports from the accident scene and witness statements to back up your claim. An expert in accident reconstruction may be able to assist you with this. Your vehicle accident lawyer in Boston will tell you what kinds of proof you will need and help you get them so you can build a case.

Should I accept a settlement?

In many cases, auto insurers will try to negotiate a case outside of court, which means they will attempt to give you a lump sum payment in order for you to free their client (and them) from liability for your injuries. The decision to accept or reject a settlement will be determined by whether or not the settlement offer is reasonable and provides total compensation for your injuries. Your Massachusetts auto accident lawyer can assist you in making that decision.

Do I really require the services of a lawyer?

Car accidents are unfortunately all too common in Massachusetts. If you have been involved in a car accident, you may be wondering if you need to hire a lawyer.

The answer is that it depends on the situation. If you have been injured and need to file a personal injury protection claim, it is advisable to seek the assistance of an experienced car accident lawyer.

While the car accident FAQs can give you some ideas on how to handle your case, a lawyer can also help you determine whether or not you have a tort claim to pursue. If you do have a tort action, an attorney can safeguard your legal rights, negotiate a settlement, or represent you in court so that you may receive the best compensation available under the law.

At the Law Offices of Barry Feinstein & Affiliates, P.C., we have over 25 years of experience representing clients who have been injured in car accidents. We understand the stresses and challenges that our clients are facing, and we are here to help. Contact us today for a free consultation.

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