Facing the aftermath of a car accident in Massachusetts can be a daunting experience. Beyond any injuries that can significantly impact their physical and mental well, being, auto accident victims are often left dealing with insurance companies, legal paperwork, and potential court appearances. Worse, Massachusetts law introduces specific rules and procedures that can further complicate matters if you want to secure a just car accident settlement in MA.
However, with the right information and approach, individuals can manage this process more effectively, avoid common mistakes, and secure the compensation they deserve.
While we’ll discuss average car accident settlements reached in Massachusetts, the main goal of this article is to provide a clear and thorough explanation of the settlement process in Massachusetts. Along with practical advice and valuable insights, we aim to help victims learn how to achieve the best possible outcomes in their cases, and possibly maximize the settlement amount obtained for their car accident.
How Do Car Accident Settlements in Massachusetts Work?
Understanding the legal framework of Massachusetts is a good place to start. Contrary to the common belief that only the party at fault bears the financial burden, Massachusetts operates under a no-fault insurance system.
Through Personal Injury Protection (PIP) coverage, this system lets people who get into a car accident – regardless of fault – recoup their indemnity from the insurance company up to a specified degree.
a. No-Fault Insurance System and PIP Coverage:
Under Massachusetts law, PIP coverage is mandatory. In no situation will the PIP be less than $8,000 since this is the minimum required by law. It includes:
- Medical bills up to $8,000
- 75% of lost wages
- Replacement services for domestic chores
Drivers, passengers, and pedestrians involved in an accident can all claim PIP benefits. The system aims to guarantee that people get timely payment for their lost salaries and medical bills without having to establish fault.
That said, although PIP benefits are immediately accessible, they don’t last forever. Typically, these benefits only last two years starting on the date of the accident.
Once that period lapses, claimants can no longer recover their benefits. This is why the timely reporting of the accident and filing of the claim with insurance companies are both encouraged.
b. Claims Against the Party “At Fault”
However, the no-fault system does not bar injured parties who suffered significant damage beyond the threshold of the PIP.
To recover damages from another driver in a Massachusetts car accident, certain conditions should be met, such as, but not limited to:
- Medical expenses exceed $2,000;
- Permanent and serious injuries were inflicted on the injured party, including loss of major bodily functions or permanent disfigurement.
Even the presence of fault from the party seeking indemnity does not prevent him or her from successfully recovering damages.
Massachusetts employs a modified comparative negligence rule. Contributory negligence, according to state law, will not prevent recovery in any action taken by any individual or legal agent to seek damages for negligence causing death or injury to a person or property.
Should contributory negligence exist, any damages allowed will be reduced in line with the degree of negligence attributable to the individual for whom injury, damage, or death compensation is demanded.
This means that as long as your fault is less than 51%, you can recover damages, though the amount will be reduced based on your degree of fault. So, if you’re deemed 20% at fault and your losses come to $10,000, you would only get $8,000.
However, if you’re proven to be 51% or more at fault, you will not be qualified to be reimbursed for any losses.
c. Amounts Recoverable, and the Factors in Play
Each settlement is unique and incomparable from the rest.
Accident settlements are largely diverse since the money involved can easily be influenced by a large number of factors. It is almost impossible to arrive at a ballpark of the standard cost of settlement, but these factors should be heavily considered in determining the claim:
- Degree or Severity of Injuries. The most evident component in determining the settlement amount is the severity of the injury involved. The more long-term and complicated an injury gets, the higher the amount that should be demanded. Medical expenses, lost wages, and other fees related to treatment may be weighed in.
- Damage to Property. How much impact did the vehicle sustain? The cost of repairs or replacement of the claimant’s vehicle is a key factor. Any other material possession that was damaged in the course of the accident may be considered in determining the amount of the settlement as well.
- Moral Damages. Beyond seeking economic damages, injured parties would usually charge for the emotional distress and anxiety brought by the accident.
- Legal Representation. Hiring skilled and experienced counsel is key to clinching a higher settlement amount. Whether the accident settlement will occur in court or out, it is crucial to be represented by people who are adept at navigating the settlement process.
How Long Will Car Accident Settlements in Massachusetts Take?
Much like any other legal question, the answer depends on a variety of factors.
The entire settlement process may either last for a few months or stretch out for several years. The duration is heavily influenced by the willingness of the parties to participate, and whether they decide to take the matter to court. Should a party resort to litigation, he or she has three (3) years from the date of the accident to file the personal injury claim before the state court.
Here is a step-by-step overview of the process:
- File a claim. Following the accident, the first step would be to file a claim against the insurance company for the PIP benefits. Depending on the situation, a claim may also be filed against the insurance company of the party at fault if the damages exceed threshold amounts.
- Negotiate. Parties will usually engage in negotiations at this stage. Outcomes can vary. Successful negotiations result in an agreed-upon settlement amount, and the injured party may receive a check once everything is in order.
- If negotiations fail, proceed to litigation. If negotiations are unsuccessful, the parties may need to go to court. Litigation can take years due to delays in court dockets, the data-gathering process, and other necessary legal steps that may hamper the swift resolution of the case.
Average Car Accident Settlement in Massachusetts
In Massachusetts, car accident settlements vary based on injury severity and case specifics. As a no-fault auto insurance state, initial medical expenses and lost wages are covered by your own insurance (PIP coverage). For injuries exceeding the no-fault threshold, you can pursue a claim against the at-fault party.
Average settlements by injury severity are:
- Minor Injuries: $6,965 (range: $354 – $28,153)
- Moderate Injuries: $77,447 (range: $28,630 – $150,000)
- Severe Injuries: $600,226 (range: $238,202 – $1,685,186)
Accident type also affects settlements:
- Side-Impact Collisions:
- Minor: $9,283
- Moderate: $72,601
- Severe: $588,789
- Rear-End Collisions:
- Minor: $6,228
- Moderate: $80,833
- Severe: $544,002
Common injury settlements include:
- Neck and Back Injuries:
- Minor: $7,271
- Moderate: $74,431
- Severe: $450,217
- Head Injuries:
- Minor: $5,463
- Moderate: $82,745
- Severe: $720,484
Injuries must exceed the no-fault threshold (e.g., over $2,000 in medical expenses, loss of a body part, or permanent disfigurement) to seek compensation from the at-fault driver’s insurance. Factors influencing settlements include shared fault rules, policy limits, multiple claimants, and coverage specifics. Consulting with a personal injury attorney can help you navigate the process and secure fair compensation.
How to Maximize Your Chances of Building a Successful Case and Recovering Maximum Compensation
Understanding the basic legal concepts involved in car accident settlements is a good starting point, but every case has its unique challenges, especially with the specifics of state law. For those in Massachusetts, navigating these complexities can be daunting without proper guidance.
A personal injury lawyer with expertise in Massachusetts car accident settlements can be crucial for a favorable outcome. When seeking legal representation, look for a lawyer with in-depth knowledge of state laws and strong dispute resolution skills ending in successful settlements. Competent legal counsel can make a significant difference in the successful resolution of your case.
Experienced car accident lawyers provide essential guidance throughout the entire process, ensuring you receive the advice, support and peace of mind you need. We’re to help you get on the right track, and this starts with a first (free) consultation to understand the legal implications of your matter and how you can build a successful case to maximize awards or settlement amounts. Contact us today for a free initial consultation.