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Car Accident Lawyer in Lawrence, MA

If you were hurt in a car crash in Lawrence, MA, a car accident lawyer at Kelly & Associates Injury Lawyers can help you pursue compensation. We can investigate the accident, evaluate your claim, and gather the evidence to build your case.

We can negotiate with the insurance company to try to get a settlement. If the insurer refuses to pay a fair amount for your losses, we can file a personal injury lawsuit. Call us today at 1-800-LAW-GUYS for your free consultation.

What We Have to Prove to Establish Liability for Your Injuries

Before we can pursue a claim for compensation against someone, we have to show that the person is legally liable to you. We cannot secure damages from someone merely because he was driving the other car. We have to prove all four of these factors before the law will hold the defendant responsible for your losses:

  • Duty of care. This element is usually the easiest one to prove, since every person who operates a motor vehicle on public streets has a legal obligation to drive safely and obey the law.
  • Breach of duty. The defendant must violate the duty of care to be accountable for your injuries. Failing to live up to a legal duty of care is negligence. Let’s say that the other driver looked away from the road ahead because a passenger in his car showed him a funny video on his cell phone. Distracted driving is negligence.
  • Mere carelessness is not enough to hold a person liable for paying financial damages. The negligence must be the thing that caused the wreck. If the driver rear-ended your car because he was looking at the cell phone and did not notice that traffic had slowed, the facts satisfy this element of liability. His distraction caused him to collide with your car.
  • Measurable damages. You must have quantifiable losses to pursue an injury claim against the defendant. If the rear-end accident did not cause you physical harm, you do not have an injury claim, even though you might have experienced a frightening event. You must have physical injuries as a result of the defendant’s negligence.

Once we establish all four of these factors, we can go after financial damages for your injuries.

Damages in Car Accident Claims

The actual compensation you can receive will depend on the unique facts of your situation. Every case is different. You can have three people in the same accident with various injuries and damages amounts.

Some of the categories of damages we have won for our clients include:

  • Lost wages. When you miss out on income because of a car accident and the time you needed to recuperate from your injuries, we can add that amount to your damages claim. This factor can consist of lost wages, salary, self-employment income, and other types of income.
  • Diminished earning capacity. Sometimes severe injuries make you unable to make as much money as before. For example, you might have to take a lower-paying desk job after a significant back injury because you cannot stand for the long periods of time that your previous job required.
  • Pain and suffering. This category addresses the physical discomfort and emotional distress you experienced.
  • Other intangible losses. Depending on the facts of your case, you might have a claim for disfigurement, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and other damages. These losses are not easily measured in terms of dollar value because they do not come with invoices or bills.
  • Medical expenses. You can get compensation for the reasonable cost of medical treatment for your injuries. These damages can include things like the ambulance, emergency room, doctors, hospital, surgery, imaging studies like x-rays and MRIs, lab tests like blood work, and physical therapy. Some people need specialized care in a rehabilitation facility for catastrophic harm like spinal cord damage or traumatic brain injury.
  • Long-term care. Devastating injuries can leave a person needing ongoing daily assistance with medical treatments and personal tasks. These expenses can be astronomical.
  • Wrongful death. If your close relative died from injuries sustained in a car accident, we might be able to pursue additional damages.

You do not have to figure out what your damages are. We will get the information we need to determine the amount of your losses and calculate a fair amount of compensation for your unique situation.

How can we help?

Fill out our contact form below for your free, no obligation case review.





I would highly recommend Michael Kelly to anyone who is seeking a knowledgeable, experienced, and dedicated lawyer.

Frensis P.

your-law-guy-michael-kelly

MEET YOUR LAW GUY MICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.

HOW DO I CHOOSE AN AUTO ACCIDENT LAWYER IN BOSTON?

You want to select a seasoned car accident attorney who you can trust to fight for you and never give up. At Kelly & Associates Injury Lawyers, we are dedicated to pursuing justice for our clients.
  • You should work with a Boston lawyer who has a thorough knowledge of Massachusetts personal injury law.
     
  • You should choose an accident lawyer who has handled numerous similar cases. Our energetic lawyers at Kelly & Associates Injury Lawyers 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 lawyer who will investigate your case thoroughly and pursue it where it leads.
     
     
     
     
  • You should be represented by a lawyer 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 lawyers at Kelly & Associates Injury Lawyers are talented, experienced trial lawyers.
     
     
     

WHAT CAR ACCIDENT COMPENSATION CAN BE RECOVERED IN BOSTON?

Related Information

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, spinal cord injury, serious disfigurement, eye damage or hearing loss, burn injuries, 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 car accident compensation for your medical bills, rehabilitation, prescribe medicines and the costs of your future medical treatment for 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 the 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 AND MASSACHUSETTS NO-FAULT RULES

All drivers in the state of Massachusetts have a legal responsibility to operate their cars with reasonable care so they do not put other at risk. If a driver shirks his or her legal duty and drivers in a careless manner such as speeding 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. Massachussetts 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 that 50 percent responsible for causing of your injuries. If you are found to be partly responsible, any car accident 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 recieve $75,000 in damages.

For minor accidents, Massachusetts handles most of them under No Fault rules. In this situation drivers cannot take each other to court for auto accidents unless the following conditions occur:

You have incurred $2,000 or more in medical bills or other expenses.

You have suffered a serious injury as the result of a Boston auto accident which can include loss of hearing or vision, broken bones and or permanent disfigurement.

MASSACHUSETTS CAR INSURANCE REQUIREMENTS

The state of Massachusetts has a few specific requirements for car insurance to make sure residents have coverage that is adequate in case they are involved in an accident. These requirements are in place to protect you but can quickly increase the cost of your policy's rates depending on the limits you choose. If you're a safe driver you will probably be eligible for a discount on your insurance premium.

You must carry the following 4 types of insurance if you own a vehicle in the state of Massachusetts:

Bodily Injury
to Other

$20,000
per person

$40,000
per accident

Personal Injury Protection (PIP)

$8,000
per person in an accident

Damage to Someone Else's Property

$5,000
per accident

Bodily Injury Caused by an Uninsured Auto

$20,000
per person

$40,000
per accident

Personal Injury Protection (PIP) is coverage that will cover you or your passenger's injuries caused in an auto accident. This coverage is there regardless of who is at fault.

BOSTON CAR ACCIDENT STATUTE OF LIMITATIONS

You have three years from the date of your auto accident to file a car accident claim in a Massachusetts court. This statue of limitations is your deadline and is the same three years for wrongful death and product liability cases. The deadline may be extended in special circumstances to allow for discovery of an injury if it was not detectable until long after the crash.

For claims againts a government entity. claims must be handled within 30 days of the accident or injury.

BOSTON CAR ACCIDENT STATUTE OF LIMITATIONS

Dealing with a insurance company that has denied your claim can be extremely frustrating. If you are trying to recover from a serious injury such as broken bones, 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 lawyer 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 know how to proceed. If the insurance company was acting in bad faith, the accident lawsuit on your behalf against the at-fault driver and his or her insurer to pursue car accident compensation.

CAUSE OF CAR ACCIDENTS NEAR ME

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:
AGGRESSIVE DRIVING
Blind Spots
Work Zone Construction

COMMON TYPES OF CAR ACCIDENT LAWSUITS

Side-Impact
Multi-Vehicle Accidents
Rollovers