There is a huge amount of information involved in a personal injury case related to an auto accident. Each state has its own rules and laws for how things like fault and liability are handled. Auto accident law in Massachusetts is no exception - there a lot of ins and outs to getting the settlement you deserve after an accident. It's essential to understand how these laws work if you're injured in an auto accident in Massachusetts.
Massachusetts is a no-fault state. What this means is that it falls to your insurance company to cover the costs associated with your accident. Medical bills and wages lost due to missing work because of an injury are covered under auto accident law in Massachusetts. However, because your insurance company is required to pay, you cannot seek damages from another party in the accident, unless your injuries are very severe. Only in cases where your medical costs are greater than what's covered by your personal injury protection can you sue another party for damages.
In addition, auto accident law in Massachusetts includes a Proportional Comparative Fault clause. This means that if you are judged to be over 51% at fault for the accident that caused your injury, you cannot seek damages from another party in the accident. This clause protects people from having to pay for accidents when the claimant is just as much at fault as they are.
Every state has different laws regarding how long you can wait before filing a personal injury claim against another driver. Under auto accident law in Massachusetts, the statute of limitation is 3 years from when you were injured. In cases where you were unaware that you sustained an injury, the date is 3 years from the discovery of the injury. If you were the victim of a hit and run accident, you can file a claim against the driver, should you discover his or her identity, as long as you do it within 6 months of the discovery.
If you've suffered a grievous injury that will cost more than what insurance coverage can provide, you'll likely need the services of a lawyer. A specialist in auto accident law in Massachusetts can help you reach a settlement to pay the costly medical bills associated with a particularly damaging car accident.