Boston Car Accident Attorney

When you’re injured in a Boston car accident, the pressure starts almost immediately. While you are focusing on doctor visits and figuring out how to get your car fixed, insurance adjusters are already moving. They are reviewing footage, collecting statements, and calculating the lowest possible offer to settle your claim quickly.

Many people turn to our experienced Boston car accident lawyers because they feel this imbalance. We step in to level the playing field, standing between you and the insurance companies to ensure you are treated fairly.

At The Law Office of Burns Jain, we understand how adjusters use Massachusetts’ complex no-fault rules to delay or deny valid claims, and we know exactly how they try to use early recorded statements against victims months later.

Our car accident attorneys in Boston, Massachusetts do everything from making sure your injuries are appropriately documented to talking to several insurance companies to getting your case ready for court in Suffolk County if necessary.

We pay all costs up front, work on a contingency basis, and keep you regularly updated so you can focus on getting better rather than meeting legal deadlines.

How Our Boston Car Accident Lawyers Assist With Your Claim

After a car crash in Boston, you need experienced legal representation to navigate insurance companies and secure fair compensation. The Law Office of Burns Jain handles every aspect of your claim, from investigating the accident to negotiating with adjusters who try to minimize payouts. We represent clients injured in all types of collisions throughout Massachusetts.

Our skilled legal team works on a contingency fee basis, meaning you pay nothing unless we win your case. We handle rear-end collisions on the Mass Pike, T-bone crashes at busy intersections, pedestrian accidents near Fenway Park, and complex rideshare incidents involving Uber and Lyft drivers.

What Should You Do After a Car Accident in Boston?

The steps you take immediately after a car accident can make or break your claim. Your actions in those first few hours protect both your health and your legal rights.

Get Medical Attention Immediately

Seek medical care right away, even if you feel fine. Adrenaline can mask serious injuries like concussions or internal bleeding. Emergency room documentation creates an official record linking your injuries to the accident, which insurance companies cannot dispute later.

Many car accident injuries don’t show symptoms for hours or days. Whiplash, herniated discs, and traumatic brain injuries often have delayed onset symptoms that appear after the initial shock wears off.

Call 911 and Report the Accident

Massachusetts law requires you to report any accident involving injury, death, or property damage exceeding $1,000. Police officers create an official accident report that documents the scene, weather conditions, and witness statements.

You must also file a Motor Vehicle Crash Operator Report with the Registry of Motor Vehicles within five days if anyone was injured. Failing to report the accident can result in license suspension and complicate your insurance claim.

Document Everything at the Scene

Take photographs of all vehicles, the accident scene, and any visible injuries. Capture images of traffic signs, road conditions, and skid marks that show how the crash occurred.

Obtain contact information from all involved drivers, including names, phone numbers, insurance companies, and policy numbers. Collect witness contact information and request a brief statement of what they saw.

Obtain the Police Report

Request a copy of the police report from the Boston Police Department or the Massachusetts State Police, depending on where the accident occurred. The report contains crucial information on fault determination and issued citations.

Contact The Law Office of Burns Jain

Call our Boston car accident attorneys before speaking to any insurance adjusters. Insurance companies often contact accident victims within hours, hoping to get recorded statements that can be used against you later.

If you’ve been injured in a car accident anywhere in Massachusetts, contact us for immediate legal guidance.

Do Massachusetts No-Fault Rules Affect Your Claim?

Yes, Massachusetts is a no-fault state, which means your insurance company covers your initial medical bills and lost wages regardless of who caused the accident. This system is designed to provide quick access to benefits while reducing litigation.

Your Personal Injury Protection coverage pays up to $8,000 for medical expenses and lost wages. However, you can still sue the at-fault driver for additional damages if your case meets specific legal requirements.

PIP Benefits, Tort Threshold, and Suing for Pain and Suffering

To step outside the no-fault system and pursue a claim against the at-fault driver, you must meet Massachusetts’ tort threshold. This legal requirement prevents minor injury claims from clogging the court system.

You may sue for pain and suffering damages if medical expenses exceed $2,000 or if you suffered specific serious injuries.

How Does Comparative Fault Work in Massachusetts?

Massachusetts follows a modified comparative negligence rule that can reduce or eliminate your compensation based on your percentage of fault. You can only recover damages if you are 50% or less responsible for the accident.

If you’re found partially at fault, any award may be reduced in proportion to your share of responsibility.

However, if you are found to be 51% or more at fault, you cannot recover any compensation from the other driver. This makes fault determination crucial in Massachusetts car accident cases.

How Long Do You Have to File in Massachusetts?

You have three years from the date of the car accident to file a personal injury lawsuit in Massachusetts. This deadline, called the statute of limitations, is strictly enforced by the courts.

Missing this deadline typically means losing your right to pursue compensation forever. However, certain circumstances can extend or shorten this timeframe, making it crucial to consult our Boston personal injury lawyers promptly.

Special rules apply to accidents involving government vehicles or dangerous road conditions. Claims against municipalities often require written notice within 30 days of the accident, a much shorter deadline than the standard three-year period.

Who May Be Liable for a Boston Car Accident?

In a Boston car accident, more than the driver who caused it may be responsible. If a careless driver was working, such as a delivery person or commercial driver, their employer may be held liable under the doctrine of respondeat superior.

In rideshare accidents with Uber or Lyft, the driver’s “app status” often decides who is responsible. This is what determines if a $1 million commercial policy applies.

If a mechanical problem with a car caused the crash, the car maker could also be sued. If a dangerous road condition or a public vehicle was involved, government agencies such as the MBTA or MassDOT could also be sued.

Hit-and-run accidents are handled in the same way as uninsured motorist claims. Your UM coverage pays for damages when the at-fault driver cannot be identified or located.

If you want to sue the government under the Massachusetts Tort Claims Act, you need to give them concise notice, sometimes as little as 30 days, so you need to act quickly.

What Damages Can You Recover After a Crash?

Massachusetts law allows victims to recover both economic and non-economic damages to address the full impact of an accident:

Economic Damages:

These cover quantifiable financial losses, including all past and future medical bills (ER visits, surgeries, and physical therapy), lost wages for missed work, and diminished earning capacity if you can no longer perform your previous job. It also includes property damage for vehicle repairs or replacement.

Non-Economic Damages:

These compensate for intangible losses like physical pain and suffering, emotional distress, and loss of enjoyment of life. While these are harder to quantify, they often constitute the largest share of a settlement.

Personal property damaged in the crash, such as phones, laptops, or clothing, can be included in your claim. Rental car expenses while your vehicle is being repaired are also recoverable.

Unsure what your Boston car accident claim is worth? The Law Office of Burns Jain offers free case evaluations to discuss your damages.

What Is the Car Accident Claims Process in Massachusetts?

The personal injury claims process follows predictable stages, though each case timeline varies based on injury severity and insurance company cooperation. Understanding this process helps set realistic expectations for your case.

Investigation and Medical Treatment

Your attorney begins investigating immediately while you focus on medical treatment. We gather police reports, interview witnesses, and preserve evidence that might disappear over time.

Reaching maximum medical improvement is crucial before settling your claim. This means your doctor has determined that your condition has stabilized and that any permanent impairment can be assessed.

Demand and Negotiation

Once treatment is complete, we compile a comprehensive demand package documenting all damages and send it to the insurance company. This begins formal settlement negotiations.

Insurance companies typically respond with lowball offers designed to test your resolve. Our attorneys counter these offers with detailed explanations of why you are entitled to full compensation.

Litigation Timeline and Discovery

If negotiations fail, we file a lawsuit to protect your rights. The discovery process allows both sides to gather evidence through document requests, depositions, and expert witness reports.

Discovery typically takes six to twelve months, depending on case complexity. During this time, settlement negotiations often continue as both sides better understand the case strengths and weaknesses.

Mediation and Trial

Most cases settle before trial, often through court-ordered mediation. A neutral mediator helps both sides reach a mutually acceptable resolution without the uncertainty of trial.

If mediation fails, your case proceeds to trial, where a jury decides fault and damages. Our trial attorneys are fully prepared to present your case to a Suffolk County jury if necessary.

What Should Boston Drivers Know About Local Crash Risks?

Boston’s unique traffic patterns and road design create specific accident risks that drivers should understand. Awareness of these hazards can help prevent crashes and establish liability when they occur.

High-Risk Boston Locations	Common Accident Causes
Mass Ave & Melnea Cass Boulevard	Red light running, pedestrian conflicts
Storrow Drive eastbound	Low clearance strikes, aggressive lane changes
I-93 through downtown	Construction zones, sudden stops
Harvard Square	Pedestrian and bicycle accidents

Winter weather compounds these risks with ice, snow, and reduced visibility. Drivers have a duty to adjust their speed and following distance for conditions, and failure to do so can establish negligence.

Construction zones throughout Boston pose additional hazards due to lane shifts, reduced speeds, and worker presence. Massachusetts doubles fines for moving violations in work zones.

Why Hire The Law Office of Burns Jain for Your Boston Car Accident Case?

Not all personal injury firms provide the same level of service or achieve the same results. Our practice focuses on individual attention and thorough case preparation.

Clear Communication and Client Care

Many clients come to us frustrated by poor communication from previous attorneys. You deserve to understand your case and receive prompt responses to your questions.

You work directly with experienced attorneys, not paralegals or case managers. We return calls promptly and keep you informed about all developments in your case.

Trial-Ready From Day One

Insurance companies know which firms achieve strong trial results and which prefer quick settlements. We prepare every case for trial from the beginning, giving us leverage in negotiations.

Our trial experience includes complex cases involving multiple defendants, serious injuries, and disputed liability. This background helps us evaluate settlement offers and advise you on the best course of action.

Local Insight and Hands-On Counsel

The Law Office of Burns Jain has an office in Boston. This local presence gives us deep knowledge of Massachusetts courts, judges, and legal procedures.

We understand Boston’s unique traffic patterns, accident-prone locations, and local insurance practices. This insight helps us build stronger cases and achieve better results for our clients.

Already Hired a Lawyer and Concerned About Delays?

If your current attorney isn’t returning calls, moving your case forward, or keeping you informed, you may need new representation. You have the absolute right to change to a specialized Boston car accident lawyer at any point in your case.

Our firm’s focus on legal malpractice provides unique insight into attorneys’ obligations and professional standards. We can confidentially review your case to determine if your rights are being protected.

Switching attorneys doesn’t restart your case or hurt your claim. Your previous lawyer must transfer your file and will be compensated for work already completed from any final settlement.

Concerned your current attorney isn’t protecting your interests? The Law Office of Burns Jain provides confidential second opinions on car accident cases. Call 617-362-7100 today.

Boston Car Accident Advocacy: No Fee Unless We Win

When you are injured in a crash, financial stress should be the last thing on your mind. The Law Office of Burns Jain operates on a contingency fee basis, meaning you pay nothing unless we successfully recover money for you. We assume the financial risk so you can focus entirely on your recovery.

Your initial consultation is always free and confidential. Partners Neil Burns or Roshan Jain will personally review your accident, explain your rights under Massachusetts no-fault laws, and provide an honest assessment of your claim’s value—all with no obligation.

Building a winning case requires resources. We advance all necessary costs, including fees for expert witnesses, accident reconstruction, and court filings. You will never be asked to pay these expenses out of pocket; we only recoup them if we secure a settlement or verdict for you.

Located at Six Beacon Street, we are committed to making top-tier legal representation accessible to all accident victims. Whether you need a hospital visit or a phone consultation, we are ready to stand between you and insurance companies to ensure you receive the maximum possible compensation.

Don’t wait to protect your rights; insurance companies are already building their case. Contact The Law Office of Burns Jain online for your free consultation.

FAQs

Will My Car Insurance Premiums Increase After an Accident That Wasn’t My Fault?

No, Massachusetts law prohibits insurance companies from raising your premiums for accidents where you weren’t at fault. Your rates should remain unchanged at renewal.

How Are Medical Bills Paid When PIP Coverage Runs Out?

After your $8,000 PIP limit is exhausted, understanding health insurance coverage for motor vehicle accidents becomes crucial for managing additional medical bills. Any settlement you receive will reimburse these insurance companies for their payments.

Do I Have to Give a Recorded Statement to the Other Driver’s Insurance Company?

You should never give a recorded statement to the other driver’s insurance adjuster without your attorney present. You are only required to cooperate with your own insurance company’s investigation.

Can I Recover Diminished Value for My Vehicle in Massachusetts?

Yes, you can pursue diminished value compensation from the at-fault driver’s insurance company. This covers the difference between your car’s pre- and post-accident value, even after proper repairs.

What Happens if I Wasn’t Wearing a Seatbelt During the Accident?

You can still recover compensation, but your award may be reduced under comparative negligence rules. The reduction depends on how much your seatbelt violation contributed to your specific injuries.