Boston Personal Injury Attorney
Frequently Asked Questions About a Personal Injury
- What is a personal injury claim?
- How can I tell whether I have a personal injury claim?
- What types of injury claims does your law firm handle?
- What types of compensation can I recover?
- What should I do after an accident in Boston?
- What is the claims process?
- How do fees work in Boston personal injury claims?
- What Massachusetts laws could affect my claim?
When a serious accident changes your life in Boston, having the assistance of our experienced Boston personal injury lawyers is crucial.
At The Law Office of Burns Jain, partners Neil Burns and Roshan Jain personally handle every case, bringing extensive trial experience and proven case results to injured clients throughout Massachusetts.
Our personal injury attorneys in Boston, Massachusetts have recovered millions for families facing overwhelming medical bills, lost wages, and permanent injuries, but what truly defines our practice is how we treat each client: with genuine care, clear communication, and the fierce dedication your case deserves.
Our Boston personal injury law firm is different because we prepare every case for trial from the outset. We take the time to understand how your injuries will affect your life in the long run. We work with medical experts to forecast future costs and build leverage that insurance companies will respect.
We handle complex cases other attorneys won’t touch, from catastrophic car crashes on the Mass Pike to construction accidents that leave workers permanently disabled. You pay nothing unless we win, and when you call, you speak directly with an attorney who will give you honest answers about your case.
Beyond our courtroom victories, we bring a unique advantage to injury cases: our extensive background in legal malpractice means we know exactly how personal injury cases should be handled, and we’ve seen firsthand what happens when attorneys fail their clients.
This dual expertise helps us avoid the pitfalls that sink other cases and make the most of every opportunity to secure compensation. We have the resources, knowledge, and determination to see your case through to the best possible outcome, whether it’s a simple slip-and-fall or a complicated product liability claim with many defendants.
What Is a Personal Injury Claim in Massachusetts?
A Boston personal injury claim is your formal demand for compensation from the at-fault party’s insurance company. Most claims resolve through negotiated settlements without ever going to court. When insurers refuse reasonable offers, we file lawsuits to pursue justice through Massachusetts courts.
Massachusetts follows modified comparative negligence rules that can significantly impact your recovery. If you bear partial responsibility for an accident, your compensation is reduced by your percentage of fault. However, if you’re found 51% or more responsible, you cannot recover any damages under state law.
The claims process typically begins with gathering evidence, treating your injuries, and calculating total damages. Our Boston personal injury lawyers then present a comprehensive demand package to the insurance company, outlining why the insured is liable and the compensation you are entitled to. Skilled negotiation often leads to fair settlements, but we’re always prepared to proceed to trial when necessary.
Do I Have a Personal Injury Case in Boston?
You have a valid personal injury case if someone else’s negligence caused your injuries and resulted in measurable damages. Massachusetts law requires proof of four specific elements to win compensation.
Simply being hurt in an accident isn’t enough, as we must demonstrate that another party is legally responsible for your harm.
The four elements we must prove are duty, breach, causation, and damages. Duty means the other party owes you reasonable care, such as driving safely or maintaining their property.
A breach occurs when they fail to meet that standard through careless or reckless conduct. Causation links their negligent behavior directly to your injuries. Damages represent the actual losses you suffered, including medical bills, lost wages, and pain.
What Types of Injury Cases Do You Handle in Boston?
Our Boston personal injury attorneys focus on serious accidents where negligence caused substantial harm. Types of accident and injury cases we handle include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Hit-and-Run Accidents
- Premises Liability Claims
- Slip and Fall Accidents
- Dog Bites
- Construction Accidents
- Scooter Accidents
- Boating Accidents
- Commuter Rail Accidents
- Drone Injuries
- Drunk Driver Accidents
- Taxi Accidents
- Wrongful Death Claims
What Compensation Can I Recover After an Injury?
Massachusetts law allows injured victims to seek compensation for all losses stemming from another party’s negligence. Your personal injury attorney in Boston will build a comprehensive case accounting for both economic and non-economic damages. The goal is to make you whole again, both financially and personally.
Economic damages include measurable financial losses, such as medical expenses and lost wages. We calculate past and future medical costs, including emergency care, surgery, physical therapy, and ongoing treatment needs.
Lost wages cover time missed from work, while loss of earning capacity addresses reduced future income potential.
Non-economic damages compensate for intangible losses that don’t have specific dollar amounts, particularly important in cases involving scarring, disfigurement, or burn injuries that cause lasting physical and emotional trauma.
Pain and suffering represent physical discomfort and emotional distress caused by your injuries. Scarring and disfigurement damage account for permanent visible injuries that affect your appearance and self-esteem.
What Massachusetts Laws Could Affect My Case?
Three key Massachusetts statutes frequently impact personal injury cases and can significantly affect your potential recovery. Understanding these laws helps you make informed decisions about your case and avoid costly mistakes that could reduce your compensation.
Comparative Negligence Under MGL Chapter 231 Section 85
Massachusetts comparative negligence law allows recovery even when you bear partial fault for an accident. Your compensation is reduced in proportion to your share of responsibility, but you can still recover if you’re less than 51% at fault. For example, if your damages total $100,000 and you’re found 20% responsible, you recover $80,000.
Three-Year Statute of Limitations Under MGL Chapter 260 Section 2A
You have exactly three years from the date of your injury to file a personal injury lawsuit in Massachusetts courts. Missing this deadline permanently bars your claim, regardless of how strong your case might be. Certain circumstances can extend or pause this timeframe, but waiting is always risky.
Personal Injury Protection Requirements Under MGL Chapter 90 Section 34M
Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage that pays the first $8,000 of medical bills regardless of fault. This coverage applies immediately after a car accident, helping you receive treatment while we pursue additional compensation from the at-fault driver’s insurance.
What Should I Do After an Accident in Boston?
Your actions immediately following an accident are critical for both your health and your legal rights. In the chaos of a crash, adrenaline often masks serious injuries, making it essential to follow a strict protocol to ensure you are protected.
Prioritize Immediate Medical Care
You should see a doctor immediately, even if you feel fine. Medical records create an essential link between the accident and your injuries. In Massachusetts, delaying treatment beyond 72 hours gives insurance adjusters a reason to argue that a separate event caused your injuries or are not as severe as you claim.
Comply with Massachusetts Reporting Laws
State law requires you to file a Motor Vehicle Crash Operator Report within five days if the accident caused any injury or more than $1,000 in property damage. You must send copies to the local police department, the Registry of Motor Vehicles (RMV), and your insurance company. Failing to file this report can jeopardize your driver’s license and your insurance claim.
Document the Scene Thoroughly
If it is safe, gather as much evidence as possible before leaving. Take photos of all vehicle damage, the surrounding road conditions, and your injuries. Collect contact information from witnesses, as their independent statements are often more influential than the drivers’ accounts.
Safeguard Your Legal Claim
Avoid giving recorded statements to insurance adjusters, who are trained to find ways to reduce your payout. Instead, consult an experienced Boston personal injury lawyer who can handle all communications on your behalf. This prevents you from accidentally admitting fault or downplaying your injuries during an “innocent” conversation with an adjuster.
What Is Your Process From First Call to Resolution?
Our approach emphasizes thorough preparation and aggressive advocacy at every stage. During your free consultation, we evaluate the strength of your claim and provide honest advice on potential outcomes. If we move forward, we immediately begin gathering police reports, medical records, and witness statements while the evidence is fresh.
Our team often consults with medical and accident reconstruction specialists to build leverage for negotiations. We present comprehensive demand packages to insurers to secure full compensation without unnecessary delays. If an insurance company refuses a fair settlement, we do not hesitate to file a lawsuit and take your case to trial.
How Do Fees Work for Personal Injury Cases?
We handle all personal injury cases on a contingency fee basis, meaning you pay no upfront or hourly fees. We advance all case expenses, including filing fees and expert costs, and are paid only if we successfully recover money for you. This structure ensures you can access high-quality representation regardless of your current financial situation.
The specific fee percentage is established at the start and typically depends on whether your case resolves through a settlement or a full trial. This alignment of interests means we only succeed when you do. We explain all arrangements clearly during your initial consultation so there are never any surprise bills.
Frequently Asked Questions
How Does Comparative Negligence Affect My Compensation?
If you’re found partially at fault for your accident, your compensation is reduced by your percentage of responsibility; for example, if your damages total $50,000 and you’re deemed 30% at fault, you’ll recover $35,000. However, if you’re found 51% or more responsible, Massachusetts law prevents any recovery.
Should I Talk to the Other Driver’s Insurance Company?
You have no legal obligation to speak with the at-fault party’s insurance adjuster, and we strongly recommend against it. Their job is protecting their company’s financial interests, not helping you. Anything you say can be taken out of context and used to reduce or deny your claim.
What If I Already Hired a Lawyer Who Won’t Return My Calls?
You have the absolute right to change attorneys at any time during your case. If your current lawyer’s poor communication or negligence has harmed your claim, you may have a separate legal malpractice case. Our firm has extensive experience handling both injury claims and attorney negligence cases.
How Long Will My Personal Injury Case Take to Resolve?
Cases involving clear liability and uncomplicated injuries can often be resolved relatively quickly. Complex cases involving serious injuries, disputed fault, or multiple parties usually take longer to resolve and require more extensive investigation and negotiation. We provide realistic timelines based on your specific circumstances during your consultation.
Can You Handle Claims Against Government Entities?
Yes, but these cases have special requirements, including shorter notice periods and damage caps. We must file formal notice within specific timeframes, and recovery amounts may be limited. Our experience with government liability claims ensures we meet all procedural requirements.
Experienced Boston Personal Injury Representation
Don’t let your insurance company downplay your injuries or force you to accept unfair settlements. There are strict deadlines for filing claims, and waiting too long can hurt your case for good. If someone hurt you in Boston or anywhere else in Massachusetts because they were careless, you need an experienced lawyer to fight for your rights.
Our firm also has a unique advantage: extensive experience in legal malpractice. We can look at your case to see if you have a separate claim for malpractice if your previous lawyer messed up your injury claim by missing deadlines or not communicating. We have decades of experience and a proven track record, giving us the dual expertise you need to protect your rights across all areas.
Contact us for a free, private meeting. We’ll review your case, discuss your options, and provide the information you need to get through this tough time. You won’t have to pay any attorney fees unless we win your case, so there’s no reason not to call today.

