Accidents can be life-altering events. Accidents come with physical, emotional, and financial challenges. Understanding the steps to take and your legal rights after an injury is crucial.
This guide provides a comprehensive overview of what to do when you’re injured in an accident in Boston or anywhere in Massachusetts. Spada Law Group’s team, with years of experience in personal injury law, is here to help you navigate this difficult time.
If you were injured in a Massachusetts accident, call or text our office at (617) 889-5000 for a free consultation. We will review your case for free, explain your legal options, give you advice, and explain how we can help you recover compensation for your medical bills, injuries, and pain and suffering. If tragedy strikes and a family member or loved one is killed in an accident, we can also represent you in a wrongful death lawsuit.
Table of Contents:
- Immediate Steps to Take After an Accident
- Handling Different Types of Personal Injury Accidents
- Medical Attention and Documentation After an Accident
- Reporting the Accident After Your Injury
- Gathering Evidence To Support Your Accident Case
- Dealing with Insurance Companies
- Understanding Your Legal Rights After An Accident
- Hiring a Personal Injury Attorney in Massachusetts
- What to Expect in the Personal Injury Claim Process
- Frequently Asked Questions
- Conclusion and Next Steps
Immediate Steps to Take After an Accident in Massachusetts
The immediate moments following an accident can be chaotic and confusing. The following four steps should be followed to best ensure your maximum recovery both physically and financially.
Ensure Safety and Contact Law Enforcement
Your health and safety are top priorities. After an accident, move to a safe location if possible. Once you are in a safe place, call 911 to report the accident. A police report after an accident can be crucial evidence in your personal injury claim. Reporting the accident to the police is the best call if you were hurt in a car or motorcycle accident, as a pedestrian, or in any public accident. Sometimes, if you don’t require an ambulance or immediate emergency medical services, you may not need to call 911. For example, if you were hurt after a slip and fall in a store, you should immediately report the injury to the manager on duty, but you may not need to report the accident to the police. If needed due to your injuries, you can ask the store to call 911 for you.
Seek Medical Help
After an accident, seeking immediate medical attention for any injuries is important. Not all injuries are obvious at first and getting checked out after an accident can help identify injuries as soon as possible. While getting medical care is most important for you to recover, it is also important if you file a personal injury claim. Seeing a doctor (whether your regular doctor or one at an urgent care or emergency room) and documenting your injuries will help prove to an insurance company or the responsible party that the accident is what directly caused your injuries. If you wait a week to get medical care, for example, an insurance company will argue that something else – not the accident – caused your injuries. Getting medical attention right away will help you recover and support your case so you get the compensation you’re entitled to.
Exchange Information with Involved Parties
Collect contact and insurance information from all parties involved in the accident if relevant. If you were struck by a car or a driver of any motor vehicle, be sure to get the driver’s contact information and insurance information. Get information from all people who were involved in the accident. Even if a pedestrian hurts you, you will want their contact and insurance information. If there are witnesses who saw the accident happen, it is also great to get their contact information. An eyewitness could be crucial to your case and can help prove how you were injured and can help prove the other party was responsible.
Avoid Admitting Fault
After any type of accident, it is important not to make any statements that could be interpreted as admitting fault. Stick to the facts when speaking to others at the scene. This means don’t say, “I’m sorry,” or “it’s my fault,” or “I shouldn’t have done that,” etc. Many factors are at play when determining liability in an accident, and whether or not you are partially at fault, it’s important not to admit fault. Sometimes, you may admit fault because you thought an accident was your fault, but it turns out it was actually someone else’s fault. In this case, your statement admitting liability could still be used against you and hurt your accident case.
Handling Different Types of Personal Injury Accidents In Massachusetts
There are many different types of personal injury accidents in Massachusetts. Thankfully, Spada Law Group has a top-notch legal team skilled in handling a variety of common accident cases. Each type of accident case is unique and has its own challenges, but the process of handling an accident case and what you should do after an accident are often very similar, regardless of the accident type.
What Happens When You’re Injured in a Car Accident
Car accidents are the most common type of personal injury case. Car accidents can involve collisions between vehicles, single-car crash accident cases, and cars colliding with people who are walking or jogging.
When you’re injured in a car accident, you will always want to call 911. A police report is a very important piece of evidence for a car accident case. Calling the police is also important because you never know the other driver's state or the state of the person who caused the accident. For example, someone might seem “fine” to you, but it is possible that they were driving drunk or under the influence of marijuana. Having the police come to the scene will help because they will investigate the crash and speak with all the parties involved. Lastly, calling 911 is also important because it's very likely you have a serious injury and you may need to be transported to a hospital to be treated.
Learn how Spada Law helped a Massachusetts woman recover $100,000 for a back injury suffered after a rear-end crash accident. Check out more cases our car accident lawyers won for our clients.
Before making any legal decisions about your car accident case, get your FREE copy of our Massachusetts Car Accident Case eBook to get the information you need to make the best decisions about your case.
What Happens When You’re Injured in an Uber or Lyft Accident
Being injured in an Uber or Lyft car accident is more complicated than a typical car accident. However, the immediate steps you should take after a rideshare accident are similar. You should call 911 to get a police report and to be assessed by Emergency Medical Service providers.
You will also want to take screenshots of your Uber or Lyft ride status on your phone to help document and prove that you were actually injured during the ride, and it will show your driver, the location and the time of the accident. As with any car accident, taking photos of the scene will also be helpful if you can do so.
Check out this blog for more detailed steps on what to do if you’re involved in an Uber or Lyft Accident.
What Happens When You’re Injured in a Motorcycle Accident
Motorcycle accidents often result in more serious injuries for riders due to being less protected than someone in a car. If you are ever injured while riding a motorcycle, especially if you were struck by a car, you will also want to call 911 to get a police report. Gather as much information as possible at the accident scene before you get medical attention. Even if you were hurt in a hit-and-run accident, or if another driver caused your accident, even if they didn’t crash into you, you may still have a valid claim.
Learn how Spada Law helped a Massachusetts man recover $225,000 for a motorcycle accident injury without ever having to go to trial. Check out more cases our motorcycle accident lawyers in Boston won for our clients.
What Happens When You’re Injured in a Bicycle Accident
Cyclist accident injuries are often very serious. Whether you collide with a car, another cyclist, or a person, it is easy to be thrown from your bicycle and make a hard impact on the ground or other objects. Being thrown from your bicycle can lead to severe injuries. Massachusetts' roads and drivers are not very cycle-friendly (but the city is working to make streets safer for cyclists), which can make injuries more likely while cycling. Especially if your bike accident involved another vehicle of any kind, you will want to call 911 to report the accident and to get a police report. A police report is also helpful, even if your accident involved a pedestrian who caused your accident.
Learn how Spada Law helped a Massachusetts man recover $350,000 for a bicycle accident with another cyclist without even needing a trial. Check out more cases our bicycle accident lawyers won for our clients.
What Happens When You’re Injured in a Pedestrian Accident
Pedestrian accidents can happen in various ways. Essentially, if you are injured while walking, jogging, cycling, rollerblading, etc., this would be considered a pedestrian injury. Unfortunately, getting injured in a crosswalk is a very common type of pedestrian accident in Massachusetts. Pedestrian accidents can happen if you are hit by a car, run into by a cyclist, or even if you are hurt by something in your neighbor’s yard while jogging.
Learn Spada Law helped a Massachusetts woman recover her maximum insurance benefit of $250,000 after being hit by a car when crossing the street. Check out more cases our pedestrian accident lawyers won for our clients injured while walking, jogging, or running.
What Happens When You’re Injured in a Slip and Fall Accident
Slip and fall accidents often happen due to some hazardous or dangerous condition on someone else’s property. Slip and fall accidents can include accidents in your own apartment or condo, accidents out in public on sidewalks, parking lot falls, or slips and falls in stores.
If you are injured in a slip-and-fall accident in a building such as a grocery store or an office plaza, you will want to report your accident to a manager. This will ensure there is a record of your accident, and the manager will likely preserve any video footage of your accident as well. As with any accident, you should try to get contact information from any witnesses. Having someone who saw your accident be able to share what happened will help any potential accident case immensely.
A $5 Million verdict was awarded at trial for a man’s slip & fall injury in his condo with Spada Law’s skilled accident trial attorneys. Check out more cases our skilled slip-and-fall accident lawyers won for our injured clients.
What Happens When You’re Injured in a Workplace Accident
A workplace accident includes any accident injuries that happen while performing job-related duties. Workers' compensation aims to provide injured workers and their families with financial compensation after a work-related accident. This compensation can include lost wages, partial disability benefits, medical treatment costs, and other expenses associated with being hurt on the job.
If you were hurt while working within the course and scope of your employment, you are eligible for workers comp benefits in Massachusetts. This is true even when you work from home.
Common workplace injuries include back and neck injuries, carpal tunnel, fractures, hernias, head injuries, and more. A variety of workers comp benefits are available to you depending on the type and severity of your injuries.
If you receive workers' compensation benefits, you are not allowed to sue your employer, but you may be able to bring a claim against another responsible party. For example, if you’re a truck driver hurt in a car accident, you cannot sue the company you work for, but you might have an accident claim against the driver who caused the accident.
Depending on the type of accident and the circumstances, you may want to call 911 or report the accident to your boss, manager, or HR representative.
What Happens When You’re Injured in a Dog Bite Accident
Dog bite accidents are scary and can vary in severity. We’ve had clients require medical treatment ranging from stitches to reconstructive plastic surgery.
The good news is Massachusetts law protects dog bite and dog injury victims. The dog owner will most likely be responsible for your injuries if a dog attacks you. A Massachusetts dog owner can still be held liable for your injuries even if a dog never showed signs of aggression and had no history of hurting people. Of course, every case is different, and we can advise you of your rights in a free consultation after we learn more facts about your case.
Dog bite and dog injury cases can be quite serious. Injuries from a dog bite can be life-changing. Especially because of the different germs dogs carry, getting medical attention immediately after a dog-related injury is important. Even a scratch from a dog can turn into something very dangerous. Rabies is also a serious concern (it is deadly if not treated quickly enough), so getting medical attention and reporting the dog bite or injury is important so the dog can be tested for rabies or have its vaccination status verified.
If you or a loved one were a victim of a dog bite or dog injury in Massachusetts, you have rights and may be able to get compensation for your medical bills, time lost from work, pain and suffering, and more. Our dog bite attorneys are here to guide you every step of the way.
Spada Law has helped dog bite victims recover hundreds of thousands of dollars. Learn how our skilled attorneys helped a victim get a $100,000 settlement after a dog bite injury damaged her hand. Check out more of our dog bite injury lawyers’ successful cases.
What Happens When You’re Injured in a Construction Accident
If you were injured in a construction accident, contacting a Massachusetts accident injury lawyer to protect your rights is critical. Construction injury cases are complex in Massachusetts. You might be entitled to workers’ compensation benefits or might have to file a personal injury lawsuit to recover for your injuries. Sometimes, you might be entitled to workers’ comp benefits, and you may also have an injury claim against a third party.
A Massachusetts Department of Public Health Occupational Health Surveillance Program once issued a report indicating that construction workers in Massachusetts were killed from on-the-job accidents more than workers in any other industry.
What Happens When You’re Injured in a Truck Accident
As a driver in Massachusetts, one of the greatest risks you face on the road every day is an accident with a commercial truck such as a semi-truck, tanker, or other large transport truck.
Truck accident injuries are some of the most serious injuries we see because the size of the trucks leads to serious impacts on collisions. These commercial trucks can weigh up to 40 tons, which is 80,000 pounds.
In one year, 104,000 injuries and nearly 4,000 fatalities were caused by accidents involving large trucks. If you were injured in a truck accident, your injuries are likely very serious. Taking care of yourself and getting the medical attention you need right away is important to your recovery.
Accidents involving semi-trucks are usually more complex than typical car accident cases involving two (or more) passenger cars. You will want to hire a truck accident lawyer because of the complexity of a truck injury case. Commercial vehicles are subject to more rules and regulations, even about who is responsible for your injuries. The truck driver may be at fault for causing the accident, their employer may be at fault, or even a manufacturer of a piece of truck equipment may be responsible for the accident (and your injuries!). Multiple people can be at fault and responsible for causing the same accident.
If you were injured in a serious accident involving a truck, you and your family may be eligible to receive compensation for damages, including emergency medical care, surgeries, follow-up medical care, physical therapy, long-term rehabilitative care, replacement of your vehicle, and more.
Learn how Spada Law’s team recovered $120,000 for a Massachusetts woman after a trucking company claimed she was at fault for an accident. See more trucking accident cases Spada Law’s accident attorneys have won for our clients.
Medical Attention and Documentation After a Massachusetts Accident
After any accident, it is important that you seek medical attention immediately. Most importantly, medical care is necessary for you to get on the road to recovery. Secondly, getting medical attention right away is important as it will document your injuries and help prove that the accident (and nothing else) caused your injuries. If you wait a few days or weeks to get medical attention, the other party will be able to argue that your injury could have been caused by something else.
Common Accident Injuries
Accident injuries vary depending on the type of accident you were in. But generally speaking, injuries from accidents range from sprains, fractures, broken bones, and spinal injuries to concussions and traumatic brain injuries. Sometimes, people do not seek medical care or a personal injury attorney’s advice because they don’t think their injuries are “serious enough.” You may have a valuable personal injury claim if you were injured in an accident. Schedule a free consultation with our team so we can evaluate your case for you.
Documenting Injuries and Medical Treatment
After an accident, keep a detailed record of all your medical treatment, diagnoses, and expenses. Your medical expenses may be recoverable in a case against the at-fault party.
Follow-Up Care and Long-Term Treatment
Make sure you follow through with all the medical care recommended to treat your condition. Following the advice of medical professionals is the best way to recover quickly. Continued medical care and keeping up with your appointments, medications, and rehab or physical therapy will not only help you recover from your injuries, but it will also help you build a stronger personal injury case.
Reporting the Accident After Your Injury
After an accident, you will want to report the accident to the relevant party from the scene if you can. Sometimes, you might not be able to report your own accident, and that’s OK.
Depending on the type of accident you were injured in, you may want to report your accident to:
- The Police: Filing a police report is essential for motor vehicle accidents. This report will give an official account of the accident and help prove who caused it. A police report is especially important for car accidents, Uber and Lyft accidents, motorcycle accidents, pedestrian accidents, and truck accidents.
- Your Insurance Company: Notify your insurance company about the accident as soon as possible. You can give basic details about the accident, but let the insurance company know you will consult with an attorney. Don’t share any information about fault, and don’t admit fault.
- Employer: If you were injured at work, you must report the injury to your employer. Make sure that your employer documents your injury report.
- Massachusetts Registry of Motor Vehicles: Some accidents in Massachusetts require a motor vehicle crash operator to report to the RMV. This is required when someone is killed in an accident, if anyone is injured, and if there is damage of more than $1,000 to any one vehicle or to property.
Gathering Evidence To Support Your Massachusetts Personal Injury Case
Evidence of your accident and injury is important in every type of personal injury case after an accident. Strong evidence will help support your claim and can impact the value of your settlement offer. If we need to take your case to trial, strong evidence will also help you build a strong trial case.
Types of Evidence to Collect
It is important to collect evidence at the accident scene. This includes taking phone photos and videos and speaking with witnesses. Try to talk to a couple of people who saw what happened so they can tell you what they saw. Get their names and phone numbers so we can also contact them later.
Preserving Evidence
Save and protect any evidence you can collect. A good way to do this is to email yourself all the information you have, including witness contacts. You can attach the photos and videos and send them to yourself. You can also write down everything you remember about the accident in the body of the email. If you send an email to yourself, the information will be available from any device in the future and will be protected even if you lose or break your phone, for example.
At Spada Law, we also work with experts to build your case. For example, we often hire accident reconstruction experts who can help examine and recreate an accident scene to determine fault. We work with a variety of experts to help us help you have the strongest case possible to get you the best possible result.
Dealing with Insurance Companies: Let Spada Law Group Handle The Stress of Working with Your Insurance Company
While it is important to notify your insurance company about an accident, it is important not to share too much. Insurance companies use a variety of tactics from the very beginning of a case to try to minimize your accident claim.
Even your own insurance company is not your friend. You will want to report the accident and provide basic facts, but do not share anything about being at fault or who caused the accident. Tell the insurance company that you plan to hire a lawyer and won’t speak to them until you hire an attorney.
The insurance companies representing the other people involved in the accident are also not your friends. Do not talk to someone else’s insurance company without first meeting with an accident attorney. Be courteous when speaking with the insurance company, but politely inform them that you won’t talk with them until you consult an accident attorney.
Once you hire Spada Law Group, we handle all the communication with the insurance companies. We represent you and advocate for you all while protecting your rights. We have attorneys who are skilled negotiators who have strategies to help fight to ensure you receive a fair settlement.
We handle the negotiations with the insurance companies so you can focus on what matters most: healing, recovering, and returning to your life.
Understanding Your Legal Rights After An Accident Injury
When it comes to your right to file a personal injury case in Massachusetts, there is typically a three-year statute of limitations. This means you have three years to either reach a settlement in your accident case or file a court claim to go to trial. This three-year clock begins on the date of your accident.
If you do not reach a settlement or file a lawsuit within three years, you lose your right to pursue compensation for your injuries and damages from the person who caused the accident.
Even though you technically have three years, it is best to hire an attorney immediately so they can represent you and begin building the best case immediately, well before the deadline. Some evidence, such as surveillance footage, is only available for a limited time and this type of evidence can be crucial to the success of your claim.
Rights to Compensation
You have a legal right to compensation after an accident.
If you were injured in an accident, you may be able to recover compensation for both economic and non-economic damages. Economic damages mean any costs or expenses you experience due to your injuries. One of the most common questions we get is, “Who pays my medical bills?” The good news is that medical bills are considered economic damages, and you can recover money to pay for your medical bills. Non-economic damages refer to losses you experience due to the accident that don’t have a dollar amount.
Economic Damages
- Medical bills (past and future)
- Lost wages and earning capacity
- You can recover any money you lost due to missing work, and you may be able to recover the difference in salary that you could have earned if you were not injured
- Property damage expenses
- Any other accident-related expenses
Non-economic Damages
- Pain and suffering
- Your pain and suffering are “worth” something! Take notes on the extent of your pain and when you feel it. Document if you feel it while sitting, standing, working, doing chores, etc. Write down anything you can no longer do because of your pain.
- Loss of quality of life
- Emotional or psychological trauma
- Mental anguish
- Loss of companionship
Suppose a loved one dies in an accident. In that case, you may also be able to recover compensation for their medical expenses, funeral expenses, loss of financial support, emotional pain and suffering, and more through a wrongful death lawsuit.
When Should I Consider Hiring an Injury Attorney in Massachusetts?
If you were injured in an accident, it is always worth consulting with a personal injury attorney. At Spada Law, we offer free consultations to learn about your case and advise you of its potential value. Your case may be worth more than you think. It is always a good idea to consult a lawyer to determine your options. You should especially consider hiring a lawyer if your injuries are serious or if liability about the accident is disputed.
Hiring a local Boston personal injury attorney is important when you are injured in Boston or Massachusetts. A local attorney has expertise and knowledge that can be invaluable to your case.
When considering who to hire to handle your case, there are some questions you may want to ask potential attorneys. Ask questions about their experience handling cases like yours, how they would approach your case, and their fees and how they structure their fees if you settle or if your case goes to trial.
A good attorney will guide you through the entire injury claim process, handle the negotiations with insurance companies and all involved parties, work to get you a favorable settlement, and prepare to represent you in court if necessary.
Hiring the right injury attorney can feel like an overwhelming process. Download our FREE eBook to get the information you need to choose to hire an attorney who can get you the compensation you deserve.
What to Expect in the Personal Injury Claim Process
- Initial Consultation and Case Evaluation: During your first meeting, we will take the time to learn all about your accident and what happened. Based on the information you provide, we will give you an idea of what your case might be worth if you choose to work with us.
- Investigation and Evidence Gathering: Once you hire Spada Law Group, our attorneys will gather evidence to build your case. This includes hiring and consulting with various experts, your medical providers, and more.
- Filing your Claim: We will handle all the steps necessary to formally file your claim and initiate a lawsuit against the other party.
- Negotiation and Settlement: Most accident cases are resolved by a settlement after negotiation with the other party. A settlement will compensate you for your accident injuries and resolve your case.
- Litigation and Trial (if necessary): If a fair settlement cannot be reached, we can take your case to trial and represent you in court in front of a jury.
Check out our free “Anatomy of a Personal Injury” eBook to learn more.
Frequently Asked Questions
What should I do immediately after an accident?
See the steps outlined above. If you are safe and able to do so, one of the first things you will want to do is call 911 if relevant. Then, take photos and videos of the accident scene. Gather as much evidence as possible. Talk to any witnesses available and get their contact information.
How long do I have to file a personal injury claim in Massachusetts?
Generally, you have three years from the date of an accident. But the sooner you hire an attorney, the better.
What types of compensation can I receive?
You can recover compensation for economic and noneconomic losses. This includes money for medical expenses, lost wages, pain and suffering, and more. If you hire an attorney, you are more likely to recover more compensation in your settlement than if you try to represent yourself.
How is pain and suffering calculated?
Pain and suffering are calculated using various factors. The severity of the injury and its impact on your life will be considered.
Do I need to go to court for my personal injury claim?
It depends! Most of the time, cases are settled. Settlements happen outside of court. Some cases will require litigation and go to trial, but this is less common. It all depends on the case, and it depends on whether you want to take a settlement offer or if you would like to go to trial. We will advise you on what appears to be the best course of action, but the choice of whether to go to trial is always yours.
Conclusion and Next Steps
Understanding the key steps to take after being injured in an accident can make a big difference in the outcome of your case. Spada Law Group is dedicated to helping you through this challenging time. Contact us for a free consultation to discuss your case and learn how we can assist you in getting the compensation you deserve.
Injured In An Accident in Massachusetts? Text or Call a Boston Car Accident Injury Attorney For A FREE Consultation
As Massachusetts accident attorneys, we know the unfortunate truth: accident injuries are inevitable. You have legal rights and options after suffering an injury from an accident. Contact us for a free consultation to learn more about the compensation you deserve and how we can fight for your rights.
Over the last three decades, we’ve helped thousands of people in Massachusetts get the recovery they need after an accident injury. Spada Law Group was recently recognized as one of Boston’s Top 20 Car Accident Attorneys. Attorney Spada was named one of Boston’s Top Personal Injury Lawyers. We’re here and ready to help. As personal injury and accident lawyers, you never pay us a penny until we win your case.
If you’re looking for a personal injury lawyer near you, chances are you’re not far from one of our offices. We have offices in Chelsea, Springfield, Peabody, and Newburyport, but we proudly serve the entire state and can meet with you remotely from the comfort of your home.
Contact us for a free consultation to see how we can help you get the recovery you deserve after your injury.
