If you’ve experienced injuries or significant car damage as a result of a traffic collision in Massachusetts, you’re probably interested in knowing the options available for recovering damages.
For a successful claim in an automobile accident, the injured party often needs to demonstrate that the other party was at fault. Though this may appear straightforward to victims, proving fault in court can sometimes be challenging.
Below, you’ll find more information about the laws that support personal injury attorneys representing Boston cases.
Fault Standards in Massachusetts
The Massachusetts Driver’s Manual outlines specific acceptable standards of fault. If an insurance company determines that your actions violate any of these rules and that you bear more than 50% of the blame for the accident, you may be held financially responsible, according to an accident attorney.
Automobile accident attorneys use these principles as a foundation to establish negligence in a case.
Statute of Limitations for Auto Accidents in Massachusetts
The statute of limitations is a legal rule that sets a deadline for filing a lawsuit.
If you fail to adhere to the deadline established by this legislation and attempt to file your claim after it has passed, the Massachusetts court system is likely to dismiss your case, unless a highly unusual exception exists to extend it.
According to Massachusetts General Laws Chapter 260 Section 2A, anyone injured in an automobile accident, including the driver, passenger, motorcycle rider, biker, electric scooter rider, or pedestrian, must file a lawsuit within three years of the incident.
The same statute and three-year window apply to claims for damages to a damaged car.
If someone passes away due to the collision, and the executor or administrator of the decedent wishes to pursue a wrongful death case against the at-fault driver under Massachusetts General Laws Chapter 229 Section 2, the statute of limitations is likewise three years. However, it’s important to note that the clock starts ticking on the day the deceased person passes away.
Understanding and adhering to the statute of limitations in relation to a potential vehicle accident lawsuit is crucial. If the statute of limitations date is approaching, it might be time to consult with a knowledgeable Massachusetts auto accident lawyer regarding your case.
Benefits of Personal Injury Protection (PIP)
Massachusetts is an exceptional no-fault state. Every automobile insurance policy offered in the state must include a specific set of mandatory insurance coverages, and there are additional coverage options available for purchase.
One of the mandatory insurance coverages is Personal Injury Protection (PIP) benefits, also known as no-fault benefits.
PIP benefits cover up to $8,000 in medical expenses for treating injuries from an automobile accident, along with 75% of lost income if the accident victim is unable to work and receives a doctor’s note to stay off work due to their injuries.
If the available $8,000 in PIP benefits has not been exhausted, the accident victim may receive PIP lost wage compensation.
Contact An Attorney
Typically, the first $2,000 of related medical expenses will be covered by PIP, and any additional costs must be submitted to the person’s health insurance provider. The outstanding portions of the bills can be filed to PIP for reimbursement, along with the remaining $8,000, if the health insurance doesn’t cover all of them due to a deductible in the policy.
For competent representation in auto accident cases, you can rely on Bellotti Law Group, P.C., Boston’s leading personal injury attorneys. If you have a case to discuss, don’t hesitate to call us now and speak with our attorneys.