General Personal Injury Questions

How do I find the best personal injury lawyer? 

The best personal injury lawyer for your case will typically be an attorney who has extensive experience with cases similar to yours and in-depth knowledge of the local court system. You should know that cases that seem closely related can be very different. For example, commercial truck accident cases may involve issues that don’t come up in other types of motor vehicle accidents. Similarly, there is a big difference between handling a relatively minor car accident case and handling a complex case involving serious, long-term injuries. 

Make sure your attorney’s experience matches your needs. And, make sure your attorney has the willingness, ability and experience to take your case to trial if necessary.

You can start to gather this information by looking and reviews and testimonials on the attorney’s website and looking at reviews of the attorney on outside sites like Google or law firm directories. Then, you can ask follow-up questions during your free consultation. During the consultation, you will also want to pay attention to how the attorney interacts with you, making sure that you feel comfortable and that the attorney is taking your concerns seriously and taking the time to answer your questions clearly.

How long do I have to file a personal injury lawsuit in Massachusetts? 

The deadline for filing most personal injury claims in Massachusetts is three years. However, there are some important exceptions you should be aware of. For example: 

• Claims against government entities often have to be filed much sooner
• The deadline for filing a claim for injuries to a child works differently, and the three-year clock may not start to run until the injured child turns 18
• In some limited circumstances, the three-year clock may start to run when the injury is discovered rather than when it occurs

If the statute of limitations runs out before you file a lawsuit, you can lose your right to ever collect any compensation for your injuries. So, it is important to get reliable information about the timeline that applies in your case as soon as possible after your injury.

How long do I have to file a personal injury claim in New Hampshire? 

The statute of limitations for most New Hampshire personal injury claims is three years. However, it is important to verify the statute of limitations for your particular case, because there may be special considerations. For example: 

• If the claim is against a governmental entity, you may have a very limited time to notify them of the claim
• If the injury victim is a child, they may have longer to file the claim

There are other reasons it makes sense to talk to a New Hampshire personal injury lawyer right away, despite the three year statute of limitations. For instance, important evidence can be lost or destroyed over time. Witnesses may become more difficult to locate, and may not have clear memories of the incident. And, innocent mistakes you make along the way can hurt your personal injury claim. 

Car Accidents Cases

What should I do right after a car accident? 

The most important thing you can do to protect both your health and your claim after a car accident is to seek prompt medical attention and follow your treating physician’s recommendations. Delaying medical care can cause your injuries to worsen–in some cases, may even turn a short-term injury into a long-term or permanent injury. And, delaying care can make it more difficult to prove that the accident caused your injuries. 

Other key steps after an accident include: 

• Exchanging insurance information with anyone else involved in the crash
• Calling 911 or the local police department
• Taking photos or video of the accident scene, if you can do so safely
• Collecting contact information from any witnesses
• Talking to an experienced local car accident lawyer right away, preferably before you talk to the insurance company

Should I talk to the insurance company after a car accident?

Talking to the other party’s insurance company after a car accident can be risky. If the other party is responsible for the crash or liability is unclear, the insurance company will already be working to minimize their costs. In other words, they’ll be looking for reasons not to pay you or reasons to reduce the amount of compensation you receive. 

The safest option, especially if you were seriously injured, is to retain an experienced local car accident lawyer right away and let them handle all interactions with the insurance company. If you do speak with the insurance company, you should be very careful to stick to the facts and not volunteer too much. You should also be wary if you receive a quick settlement offer–the insurance company may be looking to get you to sign away your rights before you know the extent of your damages.

Should I accept a settlement offer after a car accident? 

Most car accident cases ultimately settle, but you should be very cautious about accepting early or lowball offers from the insurance carrier. Keep in mind that the goal of the insurance company is to keep as much of their money as possible. The more your claim may be worth, the more incentive they have to sell you on a quick settlement that cuts off your rights. 

If you accept a settlement offer early and later discover that you need additional medical treatment or that you are facing long-term limitations, you’re on your own. You’ll have to pay your own medical expenses, and you won’t be able to pursue compensation for your additional lost income and other expenses. 

How long does it take to settle a car accident case?

The average car accident case takes several months to settle, but there are a variety of factors that can impact the timeline. For example: 

• Whether you have recovered from your injuries or are still undergoing treatment
• Whether your injuries are temporary or permanent
• The damages you are seeking, including the amount of your medical bills
• Whether liability in the case is clear
• How complicated the medical evidence in the case is
• The amount of insurance coverage available to compensate you

Some small, straightforward cases may settle in just a few months. Some high-value, complicated cases may take years to negotiate. Some never settle at all, and end up going to trial. When you consult a local car accident lawyer, the attorney can give you a better idea of how long it has taken cases similar to yours to settle. However, every case is different and there is no guaranteed timeline.

Who pays my medical bills after a car accident? 

Who pays your medical bills after a car accident depends in part on the state and in part on the seriousness of the crash. Both Massachusetts and New Hampshire have provisions for your own auto insurance to pay some medical expenses, regardless of fault. In Massachusetts, this coverage is called personal injury protection (PIP) and is mandatory. In New Hampshire, it’s called MedPay, and is mandatory if you choose to purchase automobile insurance.

If the accident is more serious and medical bills are larger, you may be able to pursue compensation from the responsible party’s insurance carrier. However, they typically won’t pay your medical bills as they come due. Often, your personal injury attorney will give your medical providers a letter of protection. The letter of protection promises the providers that they will be paid out of your personal injury settlement or jury award. With that protection, they will typically continue to provide medical care without requiring payment while your case is pending.

If the driver who hit you is uninsured, your own uninsured motorist coverage kicks in. In some cases, you may also be able to pursue a claim directly against the responsible driver. However, most uninsured motorists do not have sufficient assets to settle a claim without insurance.

What compensation can I claim after Massachusetts auto accident?

Damages in a Massachusetts car accident case typically fall into two categories: economic and non-economic damages. Economic damages are actual financial losses, such as: 

• The cost of medical care you need because of the accident
• The cost of any other assistance, such as household help, that you need because of the accident
• The cost of any equipment or remodeling required because of the accident
• Lost wages while you are recovering
• Lost future earning capacity if your injuries are long-term or permanent

Non-economic damages are real losses you have suffered that do not have a clear monetary value. These include damages such as pain and suffering and loss of quality of life. 

Massachusetts law does not allow for punitive damages in car accident cases, even if the responsible driver was driving under the influence. Punitive damages may be available in a wrongful death case stemming from a car accident, but only if the defendant was grossly negligent, reckless, or acted maliciously.

Can I recover pain and suffering after car crash?

You may be able to recover compensation for pain and suffering after a serious car accident in Massachusetts. The answer depends in part on how serious your injuries were. Under the state’s no-fault insurance system, your own personal injury protection covers up to $8,000 in medical bills and a portion of lost wages, but does not provide for non-economic damages like pain and suffering.

On the other hand, if your injuries are severe enough to take the case outside the state’s no-fault system and warrant a claim against the responsible driver, you may be able to collect damages for pain and suffering, loss of quality of life and other non-economic losses. 

What if the driver who hit me was not insured?

If the driver responsible for your car accident was not insured, you may still have options, including filing a claim under your own uninsured motorist coverage, pursuing the responsible driver directly, or identifying third parties who may be partly responsible for your accident. 

Your own uninsured motorist coverage is often your best option. This coverage is mandatory in Massachusetts and required in New Hampshire if a driver chooses to purchase automobile insurance, but some states allow the insured to waive uninsured/underinsured motorist coverage. That’s often a big mistake. When choosing the amount of uninsured motorist courage to purchase, keep in mind that about one in seven drivers nationwide is uninsured. 

Pursuing the driver directly can be a good option if they have sufficient resources to pay a settlement or judgment. However, most drivers who don’t carry insurance don’t have substantial assets. If a third party shares liability–such as a bar that overserved an uninsured drunk driver–you may be able to recover damages from that other party. But, of course, that won’t always be an option. The best defense against being left with a pile of medical bills and other losses after a crash with an uninsured motorist is to carry sufficient uninsured motorist coverage.

What’s the best way to document injuries after a car accident? 

The single most important thing you can do to document your injuries after a motor vehicle accident is to seek medical attention right away and then follow up as recommended. That means: 

• Attending all follow-up appointments
• Getting tests your doctor orders
• Seeing specialists or others your physician may recommend
• Respecting limitations such as lifting restrictions during your recovery
• Going to physical therapy and/or doing exercises at home as recommended
• Following any other instructions you receive from your treating physicians

Depending on the nature of your injuries, it may also be helpful to take photographs and create a list explaining what is shown in each image.

Is the driver in back always responsible in a rear-end accident? 

The driver in back is nearly always found at least partly responsible in a rear-end collision. That’s because a driver who is observing a safe following distance, being attentive and travelign at an appropriate speed should always have time to stop if something happens up ahead. In some cases, the leading driver or a third party may also be partly responsible. 

Imagine, for example, that Sally is driving along the interstate behind John. She’s about 10 feet behind him and both vehicles are traveling at about 10 mph above the speed limit. Suddenly, John realizes that he’s about to miss his exit and slams on the brakes, substantially reducing his speed. Sally crashes into his vehicle. John will likely be found partly responsible or the collision, since he acted unsafely in suddenly braking in high speed traffic. But Sally was following much too closely. If she’d been maintaining a safe following distance, she could have slowed to avoid the collision. So, she will also almost certainly be found partly responsible.

Can I sue a drunk driver for punitive damages? 

Whether you can sue a drunk driver for punitive damages after a motor vehicle accident depends in large part on the state the accident occurs in. In Massachusetts, punitive damages are generally not available in a car accident case, even if the responsible driver was intoxicated or in some other way acted recklessly or illegally. The only exception is when the DUI crash results in death. 

New Hampshire also does not allow for punitive damages in a DUI collision case. However, New Hampshire does allow for a unique type of damages, enhanced compensatory damages. These additional damages are available in cases where the defendant acted “wantonly,” including in some drunk driving accident cases. 

In some other states, punitive damages may be available when the responsible driver was under the influence of drugs or alcohol. 

Commercial Truck Accident Cases

Are truck accidents different from car accidents? 

Commercial truck accidents can be very different from passenger vehicle accidents, in terms of injuries, legal issues surrounding the accident case, and procedures. 

First, commercial truck accidents often cause much more serious damage, including a higher risk of serious injury or death. The fact that the commercial truck is so much larger and heavier than other types of vehicles means that smaller cars, SUVs and other vehicles provide less protection to their occupants than they do in a car v. car accident. 

How to file a commercial truck accident claim? 

If you’ve been injured in a collision with a commercial truck, you can initiate a claim with the responsible party’s insurance carrier. But you probably shouldn’t. Commercial truck accidents can be much more complicated than other types of motor vehicle accidents. Some of the obstacles you may face in pursuing a claim on your own include: 

• Difficulty determining whether it is the driver’s insurance or the company’s insurance or both you should be filing a claim with
• More sophisticated resistance from a commercial insurer who may have significantly more at risk than in a typical car accident case
• Lack of knowledge of variables that may impact liability in a trucking accident case, such as federal safety regulations

Small mistakes in the early stages could have a lasting impact on your injury claim, so it’s best to contact an experienced local truck accident lawyer right away and let the attorney file the claim on your behalf. 

Can I sue both the truck driver who hit me and the trucking company? 

In some commercial truck accident cases, you may have claims against both the driver and the trucking  company. In some cases, you may also have a claim against someone else, such as a third party who loaded the truck or the entity responsible for road maintenance if road hazards contributed to the crash. 

Who may be liable for the accident depends on a variety of factors, including: 

• Whether the trucker is an employee of the trucking company or an independent contractor
• Who was responsible for maintenance of the vehicle
• Whose negligence caused or contributed to the accident

It is important to identify all possible responsible parties before moving forward with your claims. They aren’t always immediately obvious, but leaving someone out could reduce the compensation available to you. In a worst-case scenario, pursuing the wrong party while the statute of limitations ticks by could mean you don’t receive any compensation at all. 

Wrongful Death Cases

Who can legally file a wrongful death claim?

Who has a right to file a wrongful death claim differs from state to state. In both Massachusetts and New Hampshire, only the personal representative of the deceased’s estate can file a wrongful death claim. However, that claim is filed for the benefit of surviving family members. In some states, a surviving family member may file the claim on behalf of all family members eligible to receive compensation. 

Many states also provide for a different type of claim, called a “survival action.” A survival action is a claim for damages the deceased could have pursued if they had lived. For example, the claim might include medical expensed incurred as a result of the wrongful act that caused the death, and pain and suffering during the time between the incident and the death. This action is typically also filed by the personal representative, but on behalf of the estate rather than the surviving family members.

Since surviving family members are usually the beneficiaries of the deceased’s estate, both of these types of claims often benefit the same family members. But, not always. People who aren’t eligible family members for wrongful death claims may be beneficiaries of the estate and benefit from a survival action. Funds from a survival action are also fair game for claims against the estate, such as outstanding debts of the deceased. A wrongful death settlement or award is protected for the family members. 

How long do I have to file a wrongful death claim?

The statute of limitations for a wrongful death claim varies from state to state. In both Massachusetts and New Hampshire, it is three years. However, it may be shorter in some states. There may also be additional deadlines that impact a claim. For instance, in Massachusetts the statute of limitations for a wrongful death claim against a governmental entity is still three years, but there is a required notice that must be served earlier. The best way to protect your claim is to talk to a local wrongful death lawyer as soon as possible after the death, so you can be sure you aren’t overlooking requirements that could hurt your case or cut off your right to recovery. 

You should also be aware that the deadline for filing a wrongful death claim and the deadline for filing a survival action may be different. That’s true even in states like Massachusetts and new Hampshire, where the statute of limitations for both types of claims is the same. Typically, the statute of limitations for a wrongful death claim starts to run on the day of death. But for a survival action involving personal injury type claims, the clock typically starts running when the accident that causes the death occurs, even if the injured party lives for days or weeks after the incident.

What evidence is needed for a wrongful death lawsuit? 

There are two different types of evidence needed in a wrongful death lawsuit. The first is evidence that the defendant caused the death in a manner that gives rise to a wrongful death claim. The second is evidence of the losses suffered by each of the family members who may be awarded damages. In a survival action, you will need evidence of fault plus evidence of the damages the deceased suffered as a result of the accident.

Fault evidence is very similar to–often identical to–the type of evidence you would need to prove negligence in a personal injury lawsuit. You’ll have to show that the defendant had a duty to the deceased, that they didn’t live up to that duty, and that their failure to live up to that duty caused the death. That duty may be general. For example, a driver on the roadways has a duty to operate their vehicle in a manner that is reasonably safe for others on the road and their property.

Evidence of damages can be more complex in a wrongful death claim because: 

• Statutes in many states specify what types of damages may be awarded to each category of family member
• There may be several family members who are in different categories and/or had different types of relationships with the deceased
• Many of the losses compensated in a wrongful death case are non-economic and difficult to quantify, such as loss of companionship and support

Work Injury Cases

Can I sue my employer for a work injury? 

In most states, including Massachusetts and New Hampshire, you cannot sue your employer for damages if you are injured at work. Workers’ compensation is intended to be an exclusive remedy. Instead of filing a lawsuit, the injured worker files a workers’ compensation claim. 

Qualifying for workers’ compensation benefits doesn’t require a showing of negligence. Most employees who are injured on the job are entitled to workers’ comp even if the employer did nothing wrong. In fact, a worker may be entitled to workers’ compensation benefits even if the injury was their own fault. This system was designed to make it faster and easier for an injured worker to get access to medical care and disabilty income, and to avoid the need for contentious litigation between the employee and their employer. However, there are some negatives. 

First, workers’ compensation benefits are paid by an insurance company, and insurance companies generally like to keep their money. That means if your injury is serious and looks like it may be expensive, the insurer may fight your claim. Workers’ compensation benefits are also much more limited than the benefits that may be available in a personal injury case.

What benefits can I get from workers’ compensation? 

The two core workers’ compensation benefits are medical coverage for work-related injury or illness and partial replacement income when you are unable to work due to an on-the-job injury or exposure. The workers’ compensation system also provides death benefits. If the injury is long-term, the injured worker will typically be offered a lump-sum settlement rather than continuing to receive disability pay across many years. 

Workers’ compensation also gives workers’ some rights that aren’t technically benefits, but are certainly beneficial. For example, if the treating physician gives the injured worker medical restrictions that would prevent them from doing their regular job, the employer must either accommodate those restrictions in the employee’s performance of the job, offer the employee replacement work that is consistent with their restrictions, or tell workers’ comp that they cannot offer work that complies with the medical restrictions. If they cannot offer replacement work, the employee can collect workers’ compensation disability benefits even though they are not fully disabled. 

Can I collect more than workers’ compensation after a work injury?

Workers’ compensation is generally an exclusive remedy as to the employer, but that doesn’t necessarily mean you can’t collect additional compensation. While there are some limitations, people who are injured on the job through a third party’s fault can typically pursue compensation from that third party. Some examples include: 

• A delivery driver who is hit by another car that ran a red light can typically collect workers’ compensation and also pursue a car accident claim against the responsible driver
• An employee who is injured by an outsider in their workplace, such as someone making a delivery for a courier service, may have a claim against the responsible individual or the company they work for

When a third party is liable for your work injury, you may be able to recover a wide range of damages that aren’t covered by workers’ compensation, such as: 

• Non-medical expenses that are not covered by workers’ compensation
• Compensation for non-economic damages such as pain and suffering

Pursuing compensation from a third party can also fill the gap between your pre-injury income and the 60-66.67% of income workers’ compensation benefits cover. However, you can’t receive double compensation for the same losses. 

Premises Liability Cases

Who is liable in a store slip and fall? 

If you slip and fall in a store, the business may be responsible for your injuries. But you aren’t automatically entitled to compensation simply because you fell on someone else’s property. For the property owner or manager to be responsible for your injuries, they must have failed in a duty to you. For example, if you slip because there is laundry detergent leaking onto the floor of the aisle and store employees haven’t cleaned it up or put up a barrier or warning sign, they will typically be responsible for your injury. But, if you trip on an easily visible and well-marked step because you were looking down at your phone while walking through the store, they generally won’t be. 

Of course, the analysis is often more complicated. For instance, it matters whether the laundry detergent in the example above has been on the floor for an hour or spilled just a moment before you entered the aisle. It also matters whether store employees were aware of (or should reasonably have been aware of) the spill. 

Can I sue my landlord for a slip and fall? 

In some cases, a landlord may be responsible for a slip and fall on the property. Whether or not the landlord is liable will depend on factors such as: 

• Whether the injury occurred in your apartment or in a common area the landlord was responsible for maintaining
• Who your lease makes responsible for the relevant maintenance
• Whether the fall was caused by hazardous conditions or by your own actions or the actions of a third party

Generally, the landlord will be responsible if the slip and fall or trip and fall happened because the landlord failed to maintain the premises in safe condition.