Boston Car Accident Lawyer
Car accidents happen all the time, though you never expect one to happen to you. A car crash can leave you injured and confused about what steps you should take. You could potentially be looking at thousands of dollars in medical bills, car repairs, and missed wages.
Regardless of the severity of your injuries you should immediately call a Boston car accident lawyer. At Soto Law, P.C. we will go over the details of your accident and let you know if you have an injury claim.
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Massachusetts Accident Statistics
The 2019 Allstate Best & Worst Driver Report ranks Boston & Worcester as the 3rd and 4th most dangerous cities in the US to drive in (of the 200 largest US cities).
Drivers in Boston are in an accident on average every 4.89 years and have a 116.5% chance of being in an accident compared to the national average.
From 2015-2017, Allstate rated Boston as the worst place to drive of the 200 largest US cities.
Boston drivers under the age of 20 are 3x more likely to be in an accident than those over 20.
Route 93 is identified as the riskiest road to travel in Boston.
While 2018 saw a 2.1% decrease in total accidents across Massachusetts, the first decrease in 5 years, fatalities reversed course. After seeing a 10.3% decrease in fatalities from 2016-2017, 2018 had 3.75% more traffic fatalities than 2017.
Additionally, the estimated totals for 2019, based on data from the first 10 months of the year, shows considerable increases in fatalities, but continues the downward trend for total accidents. Fatal accidents are estimated to increase by nearly 11% to 399, while total accidents are expected to decrease by nearly 11%, falling to 126,627.
Through the implementation of projects like Vision Zero, Massachusetts has seen a decrease in both the total accidents and accidents resulting in serious injury since 2017. The estimated numbers for 2019 also continue to reflect this trend.
While these improvements were greatly needed and required significant work to achieve, the reality is that multiple cities in Massachusetts remain among the most dangerous cities to drive in the entire country. As the state and counties continue to work hard to drive these figures down, including current testing of a 20 MPH speed limit on all city streets in Cambridge, residents need to do their part by operating vehicles in a safe manner and obeying all traffic regulations.
Auto Accident Timeline
Stop & Report the Crash
Accept Medical Treatment
Cooperate With Law Enforcement & Exchange Information with Other Party
Document Accident Information
Notify Your Insurance Company
Contact an Attorney
Frequently Asked Questions
Immediately after your accident, you should call the police. Even if the other driver begs you not to –especially if he begs you not to – call the cops. You are going to want a police report when filing an insurance claim. You also want the police to make sure the other driver wasn’t under the influence of drugs or alcohol at the time of the accident.
The second thing you need to do is seek medical treatment. Even if you don’t think you’re hurt, you need to go to the hospital. They can do the necessary tests to see if you’ve suffering internal injuries. They’ll also provide you with the medical documentation you’ll need if you have to file a lawsuit for your injuries. If you don’t go to the hospital, you won’t have this proof.
Lastly, if you’ve been involved in a car accident in Boston, Massachusetts, you need to lean on a skilled accident focused law firm. The Jon Soto Law Firm will give you the peace of mind you need. Our car accident attorneys will deal with the insurance companies for you while you focus on recovery.
Jon Soto Law handles car accident cases along with other kinds of personal injury cases on a contingency fee basis. It is essentially an arrangement between attorneys and their clients where the attorney agrees to wait to receive payment for legal services provided after winning the case. If the case isn’t won, the attorney agrees to waive any legal fees. Contingency fee arrangements are quite common when it comes to personal injury cases.
If contingency-fee arrangements weren’t available, a lot of people would simply be unable to afford legal representation when pursuing personal injury claims, no matter how strong their cases are. In exchange for the risk taken by the lawyer to receive no payment at all in case they don’t win the case, clients agree to give the lawyers a percentage of the final recovery in case the claim is successful. A contingency-fee arrangement is one of the few actual win-win situations.
Determining the costs of your mental, physical, and monetary injuries depend on the damages that you can expect to receive. In personal injury cases, monetary damages are paid to the injured party by the insurer, company, or individual found to be legally responsible for the injury. The amount can be either agreed upon during settlement negotiations or could be ordered by a jury or judge following a trial.
Here are some of the common damages typically awarded in personal injury cases:
Punitive damages are typically aimed at punishing the offending party for their conduct with regard to the accident. Such damages are awarded only of the conduct of the defendant is either outrageously careless or especially egregious.
Punitive damages in Massachusetts personal injury cases are only recoverable for wrongful death that results from gross negligence and/or “wanton, willful, or reckless actions.” It means that in most personal injury cases in Massachusetts, the focus is on the losses the plaintiff suffered (compensatory damages) as opposed to the conduct of the defendant (punitive damages).
The compensatory damages are some of the most commonly awarded damages. The damages are intended to compensate the injured party to make them “whole” again i.e. restore the plaintiff to the pre-injury state. To achieve this, a dollar amount is calculated to reimburse the injured party for their losses and costs.
Personal injury settlements typically include reimbursements for medical treatment already received along with compensation for the estimated care costs. The settlements also usually include reimbursements for property damages and reimbursement for income loss as well as future earning capacity.
Some losses, however, can be difficult to value, including physical disfigurement, emotional distress, pain and suffering, loss of companionship with a spouse, loss of consortium, and loss of enjoyment. Since it is impossible to assign a specific monetary number to such losses, it is advisable for the injured parties to hire a reputable personal injury attorney to help drive up the value of such losses.
Causation And How It May Affect Your Case
The evaluation of damages isn’t the only thing that determines the strength of a personal injury case. Each case requires an assessment of causation. Strong causation translates to a higher likelihood of proving that the defendant is responsible for the damages claimed by the plaintiff.
The injured person can be partly responsible for causing the accident. Unfortunately, this may reduce the number of damages available to the plaintiff in a Massachusetts personal injury case. A doctrine referred to as comparative negligence is applied in Massachusetts for these circumstances as explained below.
In Massachusetts, the plaintiff’s negligence is usually examined in a personal injury case to determine whether or not they were partially responsible for causing their own damages. If the plaintiff is found to be over 50 percent responsible for causing the damages, they won’t be entitled to receive any monetary award.
If negligence on the part of the plaintiff is found to be either less than or equal to 50 percent, the number of damages will be reduced by a similar percentage. For instance, in case the plaintiff suffered $200,000 in damages and is found to be 40 percent responsible for the accident, the plaintiff will recover $120,000. In the alternative, had the plaintiff suffered $200,000 in damages and it is found to be 55 percent responsible for the accident, the plaintiff would recover nothing.
The period immediately after a car accident in Massachusetts is critical. You are required to report any accident that causes more than $1,000 in property damage or causes a fatality within 5 days. It is during this period that the claims process will start, and it will be particularly important to have an experienced car accident lawyer on your side. You will have to file a Motor Vehicle Crash Operator Report within 5 days even if the police were at the accident scene.
Filing a claim for personal injury damages after a Massachusetts car accident is a relatively complicated process unlike that of other states. If you have sustained injuries in a car accident where another party was at fault, you need to contact the personal injury lawyers at Jon Soto Law without delay (i.e. Within at least 3 years of the accident happening) for your claim to go through the legal process involved in determining whether you are eligible for compensation.
You should first consult with your lawyer following a car accident and then file a claim with the insurance company. Negotiating with the insurance company should ideally be the first step, which is something that you can trust Jon Soto to handle for you.
If the insurance company makes a settlement offer, you will need to determine whether the compensation amount is enough to cover all your needs, including:
- Lost wages because of time off from work
- Current and future medical bills
- Future impact the injuries will have on your life
- Financial expenses related to your accident (hiring help, renting a vehicle, etc.)
If the insurance company is not ready to make a fair settlement or instead shifts the blame for the accident to you, it is highly likely that you will need to go to court.
With the assistance of Jon Soto, you can file a personal injury lawsuit against the other driver and the insurance company. Once you have filed the suit, however, it is still possible that you won’t need to go to court.
The insurance company may decide to make you a fair offer for settlement as the actual court date draws closer. Going to court means having to abide by the ruling made by the court, which is why they are likely to grow increasingly eager to have the matter settled out of court to retain some control over their losses.
If you’re hurt in a vehicle accident, you’ll need to file a claim against the other driver’s insurance. Usually, your claim is paid within a few days. You get enough money to cover your hospital bills and get your car fixed. Sometimes, however, the insurance company denies your claim. This can be very frustrating. It’s the last thing you want to hear when you’re trying to figure out how to recover from your accident.
If your claim is denied, call our our Boston car accident attorneys for help. We will stand up to the insurance companies. We’ll find out why your claim was denied and do what it takes to get you the money you deserve.
The insurance company may have denied your claim for any number of reasons, including:
- The other driver’s policy had lapsed for non-payment
- The driver’s license was suspended or revoked
- They don’t believe you were hurt
- They think the accident was your fault
- You have a history of filing frivolous claims
Depending on the reason, our automobile accident lawyer may be able to get your claim paid. If the policy wasn’t valid, there’s nothing he can do to get the insurance company to pay.
However, if they denied your claim for any other reason, we will try to negotiate a settlement. We’ll contact the insurance adjuster and try to get him to approve your claim. If this doesn’t work, we’ll file a lawsuit on your behalf.
The insurance company has lawyers working for them. You should too.
FREE CASE EVALUATION
Common Types Of Car Accidents In Boston
Some of the most dangerous accidents are head-on collisions. They usually involve two cars going pretty fast. This means that when they do crash, the impact is severe. One driver either swerves into oncoming traffic or loses control of their car. These accidents tend to cause pretty serious injuries. Because you have no idea it’s coming when a car hits you head-on you’re going to get hurt. You may suffer a traumatic brain injury. You could get ejected from the car. Your auto accident lawyer will make sure you’re compensated for your injuries.
Types Of Injuries You Can Suffered In An Auto Accident
No matter what type of accident you’re involved in, you’re liable to suffer a back injury. When another car hits your vehicle, your body is going to be jostled around. You may end up with herniated or bulging discs. You may suffer a back strain. These injuries are painful and often require surgery. Even if you don’t need surgery, you’ll probably need physical therapy. This means you’ll be out of work for a while If you miss work due to a car accident, you’re entitled to receive compensation for lost wages. Your attorney will fight hard to get you the compensation you deserve.
If you’re in a head-on collision, you may suffer something called a traumatic brain injury. This is caused when your head suffers a severe blow. In a head-on collision, your head will likely suffer such a blow. This causes your brain to rattle around in your head. Traumatic brain injuries are very serious. They can cause life-threatening issues such as vision loss, memory loss and headaches. It takes a long time to recover from a traumatic brain injury. And, because you can’t see a brain injury, the only way to discover you have one is at the hospital. They can do the tests necessary to diagnose a traumatic brain injury. Your auto accident lawyer will make sure you get the medical treatment you need for your brain injury.
You’ll often hear people say an accident wasn’t serious because it only left you with a few broken bones. They clearly have no idea how painful a broken bone can be. Depending on what bone you break, you may be out of commission for weeks or even months. If you break a leg, for example, you won’t be able to drive for quite some time. You probably can’t do your job with a broken arm. Most broken bones require surgery. Whenever you need surgery, you’re going to miss time from work. You’ll also rack up a lot of medical bills. Your lawyer will make sure you’re compensated for these damages.
If your damages are serious, you may be out of work for a while. You may even have to go on disability. If your injuries make it impossible for you to work, your injury lawyer will help you file for disability. Most people make a lot less money on disability than they do working full-time. Your car accident attorney will demand that you be compensated for this difference. You shouldn’t have to worry about how you’re going to pay your bills. If the other driver is at fault, he needs to be held responsible.
In very serious car crashes, the victims often suffer Post Traumatic Stress Disorder (PTSD.) Although a lot of people claim this is an exaggerated injury, it does exist. After an accident, you may be afraid to drive or ride in a car. You could have a long-term phobia of driving on major highways. PTSD basically causes general and specific anxiety following an accident. You may have panic attacks. You may not be able to work. Your auto accident attorney will fight to prove your PTSD is real. He’ll make sure you’re compensated for your PTSD.
This is probably the most common type of accident injury. One reason a lot of cases include whiplash is that it’s impossible to prove. If your neck is stretched too far in a car misfortune, you may suffer from whiplash. There are no tests to prove you have it. The only way to prove you have whiplash is to get a doctor to testify on your behalf. Your car accident attorney will hire the experts necessary to prove your case.
Contact Our Boston Car Accident Lawyers Today!
If you or a loved one have been injured in a car accident, you need an experienced attorney. There’s no way you should go up against the insurance company alone. They’ll take advantage of you. The only way to make sure you get the compensation you deserve is to have a skilled auto accident attorney handle your claim.
Contact our Boston car accident lawyer Jon Soto today to schedule your free initial consultation. It gives you a chance to speak with him and ask any questions you may have. It also gives your lawyer a chance to review your case. He can make sure you have all the information you need to file your claim. He can also give you an idea of what your case is worth.
The insurance companies have lawyers working for them. And you should too! Call the Jon Soto Law Firm today at 617-618-5560 and speak to a car accident lawyer in the city of Boston to schedule your free initial consultation. And remember – you pay nothing until you settle your case!