Look, dealing with an injury is rough enough without the paperwork headache. Here’s what you need to know about filing a claim in Massachusetts. I’ve handled these before—let me break it down in plain English, but with all the important legal bits you’ll need.
First steps (Time Sensitive)
Get yourself checked out. Seriously. Even if you think you’re fine, see a doctor. Those medical records? They’re gold when it comes to proving your case later. Keep every single piece of paper they give you.
Evidence collection requirements
Think like a detective here. You’ll want:
- That incident report (mandatory for vehicular incidents)
- Photos/videos of everything – and I mean everything
- Names of people who saw what happened (get their numbers!)
- Every scrap of paperwork related to this mess
Legal representation advisory
Most folks don’t realize this, but you probably want a lawyer. The good news is that they typically don’t charge unless you win. Find someone who knows Massachusetts law inside and out.
Fault determination protocols
Here’s where it gets interesting: Mass. uses this thing called “modified comparative negligence.” In regular person speak? As long as you’re not mostly at fault (less than 51%), you can still recover damages. But if you were partly to blame, they’ll reduce your compensation accordingly.
Claim filing procedures
Insurance claim comes first (usually)
Your lawyer sends what we call a “demand letter”
Then comes the fun part – negotiating
Warning: You’ve got three years to file a lawsuit. Miss that deadline, and you’re out of luck.
Settlement considerations
Sometimes the insurance company plays ball, sometimes they don’t. If they lowball you, you’ve got options. Your lawyer can keep negotiating or take it to court.
Monetary recovery guidelines
- Medical expenses (document everything)
- Lost wages (keep those pay stubs)
- Pain and suffering (harder to prove, but often significant)
Pro tip: Keep your mouth shut about the case, especially on social media. I’ve seen a good claims tank because someone couldn’t resist posting about it.
