Boston Car Accident Lawyer
Dorchester-based personal injury attorney representing people injured in car accidents throughout Boston and Massachusetts.
A serious car accident can put everything on hold at once: medical bills, missed work, pain, property damage, car repairs, insurance calls, and questions about what happens next. Whether the crash happened in Boston, Dorchester, or elsewhere in Massachusetts, the first few weeks can shape the claim.
Gavagan Law, LLC represents people injured in car accidents throughout Boston and Massachusetts. From the firm’s Fields Corner office, clients work directly with Attorney Finn Gavagan. Gavagan Law reviews how the crash happened, the medical evidence, available insurance coverage, and the next steps needed to build the claim and pursue fair compensation for medical expenses, lost income, pain and suffering, and long-term losses.
Call Gavagan Law or use the online contact form to request a free consultation.
Injured in a Car Accident? Tell Us What Happened.
How Gavagan Law Builds a Massachusetts Car Accident Claim
A car accident claim is built by more than simply collecting the police report and medical bills. It requires a careful review of how the crash happened, the available evidence, the medical treatment, the insurance coverage, and the full impact the injuries had on the client’s work, daily life, and recovery.
Depending on the case, Gavagan Law may:
- review the police report and crash facts;
- obtain photographs, video, witness information, and vehicle damage evidence;
- evaluate roadway layout, traffic signals, point of impact, and driver statements;
- review medical records, medical bills, treatment notes, work restrictions, and lost-wage documentation;
- investigate potential insurance coverage - bodily injury coverage, uninsured motorist coverage, underinsured motorist coverage, commercial coverage, rideshare coverage, umbrella coverage, or excess policies where available;
- respond to insurer arguments about fault, causation, pre-existing conditions, delayed treatment, minor impact, medical treatment, or damages;
- prepare a detailed demand letter with a medical chronology when the treatment, damages, and insurance coverage picture is ready, and pursue compensation for the client’s injuries, medical bills, lost income, pain and suffering, and long-term losses.
- file a personal injury lawsuit when necessary;
Gavagan Law does extensive work to prepare car accident claims before suit is filed because many cases can be resolved without litigation when the evidence is developed properly. Our goal is to present the strongest possible claim, address the issues an insurer is likely to raise, and pursue fair compensation for the client’s injuries, medical bills, lost income, pain and suffering, and long-term losses.
Types of Car Accident Cases Gavagan Law Handles
Gavagan Law represents injured people in a wide range of car accident and motor vehicle claims throughout Boston and Massachusetts. Some cases involve a private driver. Others involve Uber or Lyft, a delivery vehicle, a commercial truck, an uninsured driver, or an at-fault driver with limited insurance coverage.
The firm handles claims involving:
- rear-end collisions;
- T-bone and side-impact crashes;
- left-turn crashes;
- head-on collisions;
- hit-and-run accidents;
- Uber or Lyft accident claims;
- commercial truck crashes;
- motorcycle accident claims;
- pedestrian accident claims;
- bicycle accident claims;
- car accidents while working;
- uninsured and underinsured motorist claims.
Serious Car Accident Injuries and Medical Evidence
After a serious car accident, the medical picture can take time to develop. What begins as neck pain, back pain, headaches, numbness, or soreness may lead to emergency care, physical therapy, diagnostic imaging, specialist treatment, injections, surgery recommendations, missed work, or long-term symptoms. Gavagan Law reviews the medical records, treatment history, work restrictions, and ongoing impact of the injury to help document the full extent of the claim.
Car accident injuries may include:
- neck and back injuries;
- whiplash;
- herniated discs and bulging discs;
- concussions and traumatic brain injuries;
- spinal cord injuries;
- shoulder injuries and rotator cuff tears;
- fractures;
- knee injuries;
- radiating pain, numbness, or tingling;
- scarring or permanent impairment;
The medical record helps tell the story of what happened after the crash. It can show when symptoms began, how the injuries progressed, what treatment was needed, whether diagnostic testing was ordered, whether work restrictions were given, and how the injury affected the client’s daily life. This evidence becomes especially important when an insurance company argues that the injury was minor, pre-existing, unrelated to the crash, or not serious enough to support the claim.
In serious injury cases, the medical evidence may include emergency room records, urgent care notes, primary care visits, physical therapy records, chiropractic treatment, MRI or CT scan results, x-rays, specialist evaluations, injection records, surgical records, and documentation of missed work or physical limitations.
When a crash causes catastrophic injuries or a death, Gavagan Law can also review whether a wrongful death claim may be available under Massachusetts law, including claims involving funeral expenses, economic losses, and the full impact of the loss on the family.
For more on spine-related crash injuries, see Gavagan Law’s article on neck and back injuries after a car accident in Massachusetts.
Massachusetts Car Accident Laws and Insurance Issues
Massachusetts car accident claims often involve several overlapping legal and insurance issues. The law matters, but the practical question for an injured person is usually more direct: what benefits are available, what claim can be made, what deadline applies, and what evidence is needed?
Statute of Limitations
Generally, Massachusetts law requires negligence actions for personal injuries be filed within three [3] years of when the accident occurred. M.G.L. c. 260, Section 2A. Deadlines should be reviewed early because some claims can involve additional notice requirements or different parties.
PIP Benefits
Massachusetts is often described as a no-fault state because Personal Injury Protection, or PIP, may provide benefits regardless of who caused the crash. PIP generally provides up to $8,000 in benefits for qualifying medical expenses, replacement services, and 75% of qualifying lost wages, subject to Massachusetts law, eligibility, and the policy.
Health-insurance coverage can affect how PIP medical benefits are paid. For many people with private health insurance, PIP initially pays up to $2,000 in medical expenses before health insurance becomes responsible for covered treatment, with PIP potentially remaining available for qualifying expenses not paid by health insurance.
If you have MassHealth, Medicare, certain self-funded ERISA health plans, or no health insurance, the full $8,000 in available PIP benefits must be used before health insurance applies.
PIP is only one part of a Massachusetts car accident claim and does not determine the full value of a bodily injury claim against the at-fault driver.
Massachusetts PIP law is addressed in M.G.L. c. 90, Section 34M.
Tort Threshold
In Massachusetts motor vehicle cases, not every crash allows an injured person to recover pain and suffering damages. Under M.G.L. c. 231, Section 6D, an injured person generally must have more than $2,000 in reasonable and necessary medical expenses before pursuing pain and suffering damages, unless the injury falls into one of the statute’s listed exceptions, such as a fracture, death, serious disfigurement, loss of a body member, permanent and serious disfigurement, or certain loss of sight or hearing.
This rule can affect smaller accidents where someone has limited medical treatment, such as a minor fender bender with only a brief primary care visit.
Bodily Injury Claims
When another driver causes a crash, a bodily injury claim is the claim for the personal injuries and losses caused by that driver’s negligence. Depending on the evidence and available insurance coverage, the claim may include medical bills, future medical treatment, lost income, pain and suffering, permanent impairment, and other economic and non-economic damages.
Comparative Negligence
Massachusetts follows a modified comparative negligence rule. You can still recover compensation if you are 50% or less at fault for the accident, but your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover.
Insurance companies may argue that the injured person was speeding, distracted, failed to yield, stopped suddenly, changed lanes unsafely, or otherwise contributed to the crash. Gavagan Law reviews the police report, vehicle damage, point of impact, photographs, video, witness statements, roadway conditions, and driver statements to evaluate fault and respond to comparative negligence arguments.
UM/UIM Coverage
Uninsured and underinsured motorist coverage can become very important after a serious Massachusetts car accident. Uninsured motorist coverage may apply when the at-fault driver has no insurance or in certain hit-and-run situations. Underinsured motorist coverage may be available when the applicable UIM coverage exceeds the at-fault driver’s bodily injury limits, subject to the policy, insured status, offsets, and other requirements.
These coverage issues are often overlooked early in a case. Gavagan Law reviews the available insurance policies to determine whether UM or UIM coverage may provide an additional source of recovery when the at-fault driver has no insurance or insufficient available coverage.
For more on this issue, see Gavagan Law's article on UM/UIM coverage after a Massachusetts car accident.
What To Do After a Car Accident in Massachusetts
After a crash, practical steps can help protect your health, legal rights, and the claim:
- call the police and request a crash report;
- get medical attention if you are hurt or symptoms develop;
- exchange information with the other driver, including driver, vehicle, and insurance information;
- take photos of the vehicles, scene, license plates, injuries, and road conditions if you can do so safely;
- identify witnesses and save their contact information;
- notify your own insurer;
- keep medical records, discharge papers, bills, and insurance letters;
- document missed work and work restrictions;
- do not give the other driver's insurance company a recorded statement before understanding your rights and how the statement may affect the claim;
- contact an experienced Boston car accident attorney
Your own insurance company may have separate cooperation requirements under the policy, so a request from your own insurer should be treated differently from a recorded-statement request made by the other driver's insurance company.
Your treating medical providers decide what medical care is appropriate. From the legal side, medical records, bills, work restrictions, and treatment notes help show what happened after the crash, what changed physically, and how the injury affected your work, daily life, and recovery.
Boston Car Accident Resources
Car accident claims can involve different questions about fault, injuries, and insurance coverage. These Gavagan Law resources address several issues that commonly arise after a Massachusetts car accident.
In most rear-end crashes, liability is relatively straightforward. Disputes more often focus on whether the collision caused the claimed injuries or, in multi-vehicle crashes, which driver caused the chain reaction.
Left-turn crashes often involve disputes over right of way, signal timing, lane position, visibility, and how the collision occurred.
Insurance companies may dispute whether a crash caused a new neck or back injury or aggravated a pre-existing condition. Medical records, treatment history, and imaging can become important to that determination.
A Massachusetts car accident may involve PIP, bodily injury coverage, UM/UIM coverage, and health insurance. Which coverage applies can affect how medical bills are paid and what additional claims may be available.
A hit-and-run does not necessarily leave an injured person without insurance coverage. Uninsured motorist coverage may apply depending on the circumstances and the applicable policy.
For an injured Uber passenger, the available insurance coverage can depend on the driver's app and ride status at the time of the collision.
Speak With a Boston Car Accident Lawyer
If you were injured in a car accident in Boston, Dorchester, or elsewhere in Massachusetts, Gavagan Law can review how the crash happened, your medical treatment, available insurance coverage, and the next steps in your claim. Clients work directly with Attorney Finn Gavagan.
Consultations are free. Personal injury cases are typically handled on a contingency fee basis, subject to the written fee agreement. The attorney’s fee is based on a percentage of the recovery. You can learn more about how contingency fees work.
Call Gavagan Law or use the online contact form to request a free consultation.