Straight answers to the questions injured people in Massachusetts ask most. Every answer below is general — your case will turn on its facts, and a free consultation gets you specifics: 508-510-5107 (personal injury) or 617-674-0408 (workers’ compensation). For deeper dives, see our guides on what to do after a car accident in Massachusetts, partial fault in a car accident, and losing your job while on workers’ comp.
Car Accident Questions
How long do I have to file a car accident lawsuit in Massachusetts?
Three years from the date of the crash, under G.L. c. 260, §2A. Miss it and the strongest case is worth nothing. Claims involving government vehicles or public roads can carry much shorter notice periods, so the safe move is talking to a lawyer early.
Who pays my medical bills right after a crash?
Your own auto insurer pays first through Personal Injury Protection (PIP), up to $8,000 of medical bills and lost wages regardless of who caused the crash, under G.L. c. 90, §34M. Health insurance typically coordinates after the first $2,000. PIP pays nothing for pain and suffering.
Can I sue for pain and suffering after a Massachusetts crash?
Only if you cross the tort threshold in G.L. c. 231, §6D: more than $2,000 in reasonable medical expenses, or an injury involving a fracture, permanent and serious disfigurement, loss of sight or hearing, or death. Most injury crashes that involve real treatment clear it.
What if the crash was partly my fault?
You can still recover as long as you were not more than 50% at fault. Massachusetts modified comparative negligence, G.L. c. 231, §85, reduces your award by your percentage of fault. An adjuster’s fault assessment is a negotiating position, not a verdict.
The other driver was uninsured or fled the scene. Am I out of luck?
No. Your own policy’s uninsured motorist (UM) coverage steps in for hit-and-run and uninsured-driver crashes, and underinsured (UIM) coverage applies when the at-fault driver’s limits are too low. These are claims against your own insurer — and they still need to be proven and negotiated.
Should I give the insurance company a recorded statement?
Not before talking to a lawyer. You must cooperate with your own insurer on PIP, but you have no obligation to give the at-fault driver’s insurer a recorded statement, and early statements are routinely used to shrink claims.
What is my car accident case worth?
It depends on your medical treatment and prognosis, lost earnings, permanency, liability strength, and available insurance coverage. Anyone quoting a number before your medical picture is clear is guessing — usually low. We value cases on documentation, not formulas.
Do I have to report the crash to the police or the RMV?
Call 911 from the scene for any injury crash. Separately, Massachusetts requires an operator’s crash report to the RMV within five days when a crash causes injury, death, or over $1,000 in property damage. The police report becomes core evidence in your claim.
The at-fault driver was working at the time — does that matter?
Often a lot. An employer is generally responsible for an employee’s negligent driving on the job, which can open commercial policy limits far larger than a personal auto policy. Delivery, rideshare, and trucking crashes all raise this question.
How much does it cost to hire a car accident lawyer?
Nothing up front. We work on contingency: the fee is a percentage of the recovery, and if there is no recovery there is no fee. The consultation is free either way.
Workers’ Compensation Questions
What benefits does Massachusetts workers’ comp pay?
Under G.L. c. 152: temporary total disability pays 60% of your average weekly wage (§34); partial disability pays a portion of your lost earning capacity (§35); permanent and total disability pays ongoing benefits (§34A); §36 pays one-time amounts for scarring and loss of function; and all reasonable, necessary, injury-related medical care is covered with no copays.
Do I have to prove my employer did something wrong?
No. Workers’ comp is no-fault — you only need to show the injury arose out of and in the course of your employment. In exchange, you generally cannot sue your employer for negligence.
How long do I have to file a workers’ comp claim?
Generally four years from when you knew or should have known your injury or illness was work-related. But report the injury to your employer immediately — late reporting is one of the most common reasons insurers deny claims.
Can I be fired for filing a workers’ comp claim?
Retaliation for exercising workers’ comp rights is illegal under G.L. c. 152, §75B. Your job is not absolutely protected while you recover, but firing you because you filed is unlawful — and benefits continue based on your disability, not your employment status. More in our guide on losing your job while on workers’ comp.
Can I choose my own doctor?
After any initial employer-directed visit, you generally have the right to treat with your own physician. The insurer can require an independent medical examination (IME), but the IME doctor does not replace your treating doctor — and IME reports are built to be challenged.
My claim was denied. Is that the end?
No — denial is where many strong claims start. Disputed claims proceed through the Department of Industrial Accidents: conciliation, conference, hearing, and appeal. Insurers deny routinely; an experienced comp lawyer answers with medical evidence and testimony.
What if my injury aggravated a pre-existing condition?
Still compensable. Massachusetts law covers work injuries that aggravate or combine with pre-existing conditions, provided the work injury remains a major cause of the disability. “You had a bad back already” is an insurer talking point, not a defense.
I’m paid in cash or called an independent contractor. Am I covered?
Quite possibly. Massachusetts presumes a worker is an employee unless the employer proves a strict three-part test, and misclassification is rampant in construction, cleaning, delivery, and hospitality. Cash pay does not defeat coverage — it complicates the wage calculation, which we reconstruct.
Can I get workers’ comp and also sue someone for my work injury?
Not your employer — but if a third party caused the injury (a negligent driver while you were working, a defective machine, a subcontractor on your site), a separate claim under §15 can recover full damages, including pain and suffering, alongside comp benefits.
What is a lump-sum settlement and should I take one?
A DIA-approved agreement that closes some or all of your claim in exchange for a single payment. Whether to settle depends on your medical stability, future earning capacity, and how the settlement affects future treatment rights. Never sign one without advice — approval is one-way.
Are seasonal and part-time workers covered?
Yes. Nearly every Massachusetts employee is covered from the first day on the job, full-time or part-time, seasonal or year-round. Average-weekly-wage calculations for seasonal work are a frequent fight, and they set the rate for every benefit check.
My employer has no workers’ comp insurance. What now?
You can still recover. The Workers’ Compensation Trust Fund pays claims against uninsured employers, and an uninsured employer loses its immunity from lawsuit — meaning you may sue directly as well.
Personal Injury & Premises Questions
I slipped and fell on someone’s property. When are they liable?
When they failed to use reasonable care to keep the property safe for lawful visitors — and that includes snow and ice, which Massachusetts judges by the same reasonable-care standard under the SJC’s Papadopoulos decision. Liability turns on notice, maintenance practices, and documentation.
Is there really a 30-day deadline for snow and ice falls?
Yes. If you’re injured by snow or ice, Massachusetts requires written notice to the property owner within 30 days. It is one of the shortest deadlines in injury law and it catches people constantly. If your fall involved snow or ice, call a lawyer now, not later.
A dog bit me. Do I have to prove the dog was vicious?
No. G.L. c. 140, §155 makes the owner or keeper strictly liable for injuries the dog causes, unless the victim was trespassing or provoking the animal. Homeowner’s insurance typically pays these claims — including for serious scarring, which §36-style permanency matters in valuing.
I was hurt on town or state property. Is the claim different?
Very. Claims against public entities run through the Massachusetts Tort Claims Act, with a presentment letter generally required within two years and damage caps that don’t apply to private defendants. Road-defect claims have even shorter notice periods. Public-property cases reward fast legal attention.
What damages can a personal injury claim recover?
Medical expenses past and future, lost wages and reduced earning capacity, out-of-pocket costs, and pain and suffering — physical pain, emotional distress, scarring, disability, and lost quality of life. Document everything; the claim is only as strong as its record.
The store says I should have watched where I was going. Does that kill my case?
No — that’s the comparative negligence argument, and it only bars recovery if your share of fault exceeds 50%. Hazards that injure attentive people are exactly what premises liability law exists for.
Wrongful Death Questions
Who can bring a wrongful death claim in Massachusetts?
The personal representative of the estate brings the claim under G.L. c. 229, §2, for the benefit of the surviving spouse, children, or next of kin. The damages belong to the family, not the estate’s creditors.
What does a wrongful death claim cover?
Lost income and financial support, loss of companionship, society, and guidance, and funeral and burial costs — plus punitive damages where the death resulted from gross negligence or willful conduct. Conscious pain and suffering before death is a separate, additional claim.
How long does the family have to file?
Generally three years. But evidence in fatal cases — vehicles, scenes, witnesses, electronic data — disappears far faster than that. Families should get an investigation moving as soon as they are able.
Can a family recover for a fatal workplace accident?
Usually both systems are involved: workers’ comp pays death benefits to dependents under c. 152, and if a third party caused the death, a wrongful death suit proceeds alongside. Sorting the two — and the comp lien — is central to maximizing the family’s recovery.
Working With Us
What does the free consultation involve?
You tell us what happened; we tell you honestly whether you have a case, what it involves, and what deadlines apply. Phone or video, no obligation, and it stays confidential whether or not you hire us.
How do contingency fees work?
We advance the work and costs; the fee is a percentage of what we recover, agreed in writing up front. No recovery, no fee. Workers’ comp fees are set and approved by the DIA under the statute.
Do you only handle cases near Brockton?
No. We’re based at 1350 Belmont Street, Suite 109 in Brockton and appear in courts and DIA offices across Massachusetts. Most of a modern case happens by phone, video, and electronic filing — we handle clients statewide and meet in person when it matters. Find your community on our locations page.
How long will my case take?
Honest answer: it depends on your medical recovery, the insurer, and whether suit is filed. Quick settlements are usually cheap settlements — the leverage comes from being prepared to litigate. We move cases as fast as their value allows.
Will my case go to trial?
Most resolve by settlement, many on the eve of key litigation deadlines. We prepare every case as if it will be tried — because that preparation is exactly what produces strong settlements.
What should I bring to get started?
Whatever you have: photos, the police or incident report, insurance information, medical providers seen so far, and pay records if you’re missing work. Don’t worry about gaps — assembling the record is our job. Start with a call: 508-510-5107 or 617-674-0408.
In-Depth Answer Guides
Three questions come up so often that we wrote full guides on them:
