How Can a Car Accident Attorney Help?
Serious car accidents can be complicated to resolve. If the accident caused serious injuries, disputes about payment of medical bills often arise. You should not have to pay medical bills or be burdened with medical debt if someone else caused the auto accident.
You may be unsure whether you have a valid car accident lawsuit. You may have questions about whether another driver involved in the accident should pay your medical bills. We will review the details of the car crash and explain your legal options free of charge.
If we represent you, we will handle your car accident claim on a contingency fee basis. You will not owe any attorney’s fee unless we obtain money for you.
Our car accident attorneys at Kelly & Soto will move quickly to investigate your car accident and preserve evidence. We will interview witnesses, gather photos of the accident scene and talk with police.
Based on our investigation, we will determine all the potentially responsible parties. In some accidents, more than one party shares responsibility. We will identify all the insurance policies potentially available to provide compensation to you. Identifying multiple insurance policies can increase the amount of compensation you can receive.
We will estimate your present and future losses related to the car accident including loss of income if you cannot return to work. We will present a claim to the insurance company reflecting the full amount of your losses.
We will negotiate aggressively on your behalf for a reasonable settlement. We are successful in settling most claims out of court. But if the insurance company refuses to agree to a fair settlement, we will be prepared to go to court to pursue justice for you if necessary
Having a Boston car accident attorney advocating for you offers you the best chance of recovering a settlement or jury award that reflects the full extent of your injuries and losses. Having a skilled lawyer on your side can allow you to focus on your recovery.
How Do I Choose a Car Accident Attorney In Boston?
You should work with a Boston attorney who has a thorough knowledge of Massachusetts personal injury law.
You should choose an accident lawyer who has handled numerous similar cases. Our energetic attorneys at Kelly & Soto Law work on car accident cases every day.
You should select a lawyer who is a good communicator, one who will keep you informed of developments in your case and who will return your phone calls when you have questions.
You should select an attorney who will investigate your case thoroughly and pursue it where it leads.
You should be represented by an attorney who has proven skills in negotiating settlements with insurance companies. We have settled hundreds of cases.
You should select a trial lawyer who has the litigation skills to take your case to court if necessary. Having a trial lawyer negotiating on your behalf signals to the insurance companies that you are serious about receiving full compensation. Insurance companies are more likely to offer maximum compensation if they know they will end up in court otherwise. The attorneys at Kelly & Soto are talented, experienced trial lawyers.
Most of all you want to select seasoned car accident attorney who you can trust to fight for you and never give up. At Kelly & Soto, we are dedicated to pursuing justice for our clients.
What Compensation Can Be Recovered?
If you have been injured in a car accident, you should initially file a claim with the insurer of the car in which you were riding. Drivers in Massachusetts are required to carry certain mandatory amounts of auto insurance coverage including Personal Injury Protection. This is sometimes referred to as no-fault insurance. PIP covers the medical bills for each person in the car who is injured in an accident. Regardless of who caused the accident, the insurance company should cover your medical bills for personal injuries and may cover a portion of your lost wages up to $8,000 per person, according to the terms of the policy.
If your injuries are more serious and exceed $2,000 or meet certain conditions such as involving broken bones, serious disfigurement, eye damage or hearing loss, then you may be entitled to file a car accident lawsuit and seek compensation for your injuries and other losses if another driver was at fault in the accident.
- Medical Bills—You may have a right to seek compensation for your medical bills, rehabilitation, prescribed medicines and the costs of your future medical treatment or rehabilitation related to your injuries.
- Lost Wages —The Commonwealth of Massachusetts allows you to seek compensation for lost income if your injuries forced you to miss work. If your injuries prevent you from returning to work or limit the type of work you can perform, then you may seek compensation for your reduced earning capacity.
- Pain and Suffering—Massachusetts juries may award compensation for both physical and emotional pain. You may seek compensation for your pain and mental anguish, as well as past and future shock and anxiety resulting from your injury. This is commonly referred to as pain and suffering.
- Disfigurement—If your injuries caused scarring and disfigurement, the loss of a limb or changes in your appearance, you may seek compensation for disfigurement.
- Property Damage—You may seek compensation to pay for your car repairs or replace your car if it was totaled.
Who is at Fault?
All drivers in Massachusetts have a legal responsibility to operate their cars with reasonable care so they do not put others at risk. If a driver shirks his or her legal duty and drives in a careless manner such as speeding or running a traffic light, the driver is considered to be negligent in the eyes of the law.
An insurance claims adjuster will make a determination of fault based on the police accident report, witness statements, medical records and evidence gathered at the scene.
In some car accidents, more than one driver or other party is partially at fault. Massachusetts uses the legal doctrine of comparative fault in these cases. A jury will be instructed to determine the degree of fault that each party bears for causing an accident. In the Commonwealth, you may still collect damages in a car accident lawsuit so long as you are no more than 50 percent responsible for causing your injuries. If you are found to be partly responsible, any compensation you are awarded would be reduced proportionately by your percentage of fault.
For example, if a Suffolk County jury awarded $100,000 in damages and found that you were 25 percent at fault for causing your own injuries, then you would be entitled to receive $75,000 in damages.
What to Do if the Insurer Denies Your Claim
Dealing with an insurance company that has denied your claim can be extremely frustrating. If you are trying to recover from injuries, it can add to your stress and slow your recovery. It is important to understand why your claim was denied.
You should seek the help of a Boston car accident attorney if another driver’s insurance company has denied your claim. An experienced attorney can review the facts regarding the auto accident claim and explain whether you have a valid claim and what steps to take. Having a clear understanding of your legal options is important to knowing how to proceed. If the insurance company was acting in bad faith, the accident attorney may need to file a car accident lawsuit on your behalf against the at-fault driver and his or her insurer to pursue compensation.
Causes of Car Accidents
It is well known that Boston is a dangerous place to drive. Boston has heavy commuter traffic and a high number of aggressive drivers that make it more likely that you or someone you know will be involved in a serious accident.
There are many types of driver behaviors that prove to be dangerous or deadly.
Among the common causes of accidents are:
- Speeding—Drivers who go faster than the speed limit or too fast for existing traffic conditions have less time to react to sudden traffic changes around them. Speeding was a factor in about one of every four fatal crashes in Massachusetts in 2015. Motorists who cause speed-related accidents should be held accountable for the harm they cause.
- Aggressive Driving—Boston has many aggressive drivers. Behavior such as honking, yelling at people in other cars, making gestures, tailgating, weaving in and out of traffic, and passing on the right are all types of aggressive driving. Aggressive driving can lead to acts of road rage.
- Driver Fatigue—Drivers who are fatigued react more slowly to changes in traffic conditions and may not respond in time to avoid a crash if a motorist in front stops suddenly or a traffic light changes.
- Distracted driving—Any activity that takes a driver’s eyes off the road, hands off the wheel or mind off the task of driving may cause distraction. Talking on a cell phone, eating, adjusting car electronics or interacting with other people in the car may distract a driver and contribute to a crash.
- Texting—Texting while driving is illegal in Massachusetts, but many drivers engage in this dangerous behavior. Younger drivers are more likely to engage to send text messages while driving.
- Drunk Driving—Drivers who get intoxicated and then get behind the wheel put everyone on the road at risk. Alcohol intoxication causes drivers to make bad decisions, speed, swerve out of lanes, and react more slowly to changes in traffic conditions. Drunk drivers should pay for the pain and suffering they cause.
- Blind Spots—Car and trucks all have blind spots. A driver who tries to merge into another lane may hit a car hidden in a blind spot. Blind spot accidents occur because drivers failed to turn their head and look for vehicles in their blind spot.
- Work Zone Construction – Works zones may have unfamiliar lane changes and vehicles traveling at varying speeds, creating conditions ripe for a car accident.
Types of Car Accident Lawsuits
The common types of car accident lawsuits involve:
- Rideshare Accident – A driver of a rideshare vehicle is just as likely to get distracted, speed, or end up involved in an accident as if you were behind the wheel.
- Head-on collisions—A driver who is distracted, drowsy or intoxicated may drift into an oncoming lane and cause a head-on collision. These collisions often cause serious or fatal injuries, particularly if the cars are moving at higher speeds.
- Rear-end accidents—These accidents are often caused by impatient or aggressive drivers who follow too closely and do not allow themselves enough distance to stop. People who are riding in a car that is hit from behind may sustain head and neck injuries, including whiplash injuries. The driver who hits the other car from behind is presumed to be at fault in a rear-end collision.
- Side-impact—Side impact collisions often occur when a driver runs a red light or a stop sign at an intersection and is hit by another car. A driver who fails to obey a traffic signal and cause a side-impact collision should be held accountable.
- Rollovers—When a car flips over on its side or its roof, it increases the likelihood that the occupants will have serious or life-threatening injuries. Dangerous weather conditions, the speed at which the impact occurred, and the position of the vehicles all contribute to the potential for a rollover accident. Victims of rollover accidents may suffer injuries to their head, chest, back and lower extremities, including catastrophic injuries.
- Multi-vehicle accidents—One negligent driver can be responsible for a multi-vehicle accident, or multiple drivers may share responsibility for the accident. Accidents involving multiple vehicles may be more complicated to investigate. If you contributed to the accident, it is important to have a dedicated attorney to show that you were not primarily responsible for the multi-vehicle accident and are entitled to compensation.
If you need a car accident attorney, give us a call today.
Contact a Car Accident Attorney Today
If you have been injured in a car accident in Boston, a good first step is to contact Kelly & Soto—the Law Guys—for a free review of your accident claim. Our personal injury attorneys represent people in Boston who have been injured in all types of car accidents caused by the negligence of others. We will answer your questions and discuss with you your legal options. We provide a free accident evaluation with no obligation. Call 617-807-0855 today to reach our Boston car accident lawyers.
Our Car Accident Attorneys Answer Common Questions in Boston, Massachusetts
(Please click a question below to read the answer.)
Every car accident with injuries must be evaluated on an individual basis. Luckily, our firm can help you find out how much your claim may be worth. We will review the type of injuries you sustained and how much these injuries will affect you in the future. You may be out of work for weeks, months, or longer, and the wages you lost will be part of the settlement we pursue. All of your medical bills and the costs of rehabilitation must be paid by the insurance company of the responsible driver.
In cases of catastrophic injuries such as spinal cord injuries or traumatic brain injuries, the value of the case could range into the millions. Talk to us so we can help you get your case moving forward.
It is important that you have a lawyer that will work directly with you, rather than choosing a large firm that operates like a “mill” and immediately turns you over to an assistant, case manager, or paralegal. The more energy put into your case, the better the chances are of recovering the maximum.
At Kelly & Soto Law, we work one-on-one with our clients, and we only take on certain cases so that we can give each client our full attention. Your case will never be put on the “back burner” or set aside. We go the extra mile for our clients. We are energetic, aggressive, and ready to fight. Call us today for a fast response.