The Commonwealth of Massachusetts is considered a no-fault insurance state. This means if you’re involved in an auto accident, you’re first step is to open a claim with your own insurance company; regardless of who is at fault for the accident. However, if you’ve suffered serious injuries like a broken bone, serious and disfiguring scars or you’ve lost your hearing or vision, you may be able to file a personal injury claim.
The No-Fault Rules
Only those victims who have incurred medical bills exceeding $2,000 or those who have suffered serious injuries may file a claim outside of the no-fault rules. If you’re able to show that you’ve met the burden of these rules, you may also be eligible to collect compensation for pain and suffering as a result of an auto accident.
Other Important Information
When you’re involved in any auto accident, there are specific statutes that may limit your opportunity to file a claim by the driver as well as limit the compensation you collect. Some of the additional information you need to know includes:
- Statutes of limitations – the time frame for filing a civil lawsuit is three years from the date of your accident. This is important; auto accident claims can get very complicated and your attorney will need time to do a full investigation.
- Modified comparative fault – should the other person involved in an auto accident be able to demonstrate you were partially at fault, it may limit their liability. If your fault be determined to be more than half, you may be unable to collect any compensation. Should there be any determination that you’re partially at fault, your final compensation would be reduced by your percentage of fault.
Serious Injury Claims: Compensation Potential
If you’ve suffered a serious injury and can file a claim outside of the no-fault rules, there are monetary damages as well as non-monetary damages you may be able to request as part of your compensation. Victims may request to be reimbursed for damage to their vehicles, medical bills including tests, emergency room visits, specialist visits and rehabilitation costs. It may also be possible to get compensation for your lost wages. Non-monetary awards are generally limited to pain and suffering as well as punitive damages.
If you’re injured in a car accident and you’ve suffered a broken bone or a disfiguring or disabling injury, you may have grounds to file a personal injury claim against the at-fault driver. Contact Attorney Jamison M. House at 617-216-2094 for a review of your case.