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Braintree is a town in Massachusetts, so car-accident cases arising there are governed primarily by Massachusetts state law and local ordinances. After a crash, the legal issues typically involve fault or negligence, insurance coverage, claims for medical expenses and other damages, and sometimes criminal charges for impaired driving or leaving the scene. The civil process for recovering money for injuries or property damage usually involves dealing with insurance companies and, where necessary, filing a lawsuit in state court.
This guide explains common legal concepts and practical steps for people involved in car crashes in Braintree. It is intended to inform - not to replace personalized legal advice from a licensed attorney who can evaluate the facts of your case.
Many car collisions resolve through quick insurance payments, but there are frequent situations where an attorney is helpful or essential:
- Serious or permanent injuries - when damages are large or long-term medical care is required.
- Disputed liability - when drivers or witnesses disagree about who caused the crash.
- Uninsured or underinsured drivers - when the at-fault motorist lacks adequate coverage.
- Insurance company disputes - when insurers deny claims, undervalue injuries, or deny coverage based on policy technicalities.
- Hit-and-run or complex cases - where the at-fault party cannot be identified or multiple vehicles are involved.
- Wrongful death - when a loved one dies as a result of the collision and family members seek compensation.
- Government or municipal claims - when a crash involves a public vehicle, road defect, or government actor and special procedures or shorter deadlines may apply.
Key aspects of Massachusetts law that affect car-accident claims in Braintree include the following general principles:
- Comparative negligence - Massachusetts applies a modified comparative negligence rule with a 51 percent bar. A plaintiff can recover damages only if they are less than 51 percent at fault. Any award is reduced by the plaintiff's share of fault.
- Time limits - Personal injury lawsuits generally must be filed within a set statute of limitations. In Massachusetts, the usual deadline for personal injury claims is three years from the date of injury. Different deadlines can apply in certain cases, such as claims against public entities or for wrongful death.
- Insurance requirements - Massachusetts requires drivers to carry automobile liability insurance and to maintain certain coverages. Insurance obligations and the types of coverage available - for example, uninsured and underinsured motorist protection - are an important part of handling a claim.
- Police and reporting obligations - Drivers involved in crashes that cause injury, death, or significant property damage must report the accident to local law enforcement and may also need to submit information to state authorities. Criminal charges can follow for DUI, leaving the scene, or reckless operation.
- Evidence and damages - Recoverable damages typically include medical costs, lost wages, property damage, pain and suffering, and in appropriate cases, future care and loss of consortium. Massachusetts law governs what can be claimed and how damages are calculated.
First, check for injuries and call 911 if anyone needs medical help. If safe, move vehicles out of traffic and exchange contact and insurance information with other drivers. Report the crash to the police so there is an official report. Take photos of the scene, vehicle damage, license plates, road conditions, and any visible injuries. Seek medical attention even if you feel okay, because some injuries show up later. Notify your insurer as soon as possible.
You should provide basic facts to your own insurer as required by your policy, but be cautious when speaking to the at-fault driver’s insurer. Insurers often seek recorded statements or quick admissions that can limit recovery. You can politely decline to give a recorded statement and instead tell the adjuster you will provide information through your attorney.
For most personal injury claims in Massachusetts the statute of limitations is three years from the date of the injury. If you miss this deadline, you will likely be barred from filing a lawsuit. Different, shorter deadlines can apply for claims against government entities, and there are special rules for wrongful-death claims, so consult an attorney promptly.
You can generally seek compensation for past and future medical expenses, lost earnings, property damage, pain and suffering, and in some cases loss of future earning capacity or loss of consortium. The specific damages available depend on the nature of your injuries and the facts of the case.
Under Massachusetts modified comparative negligence rules you can still recover damages if your share of fault is less than 51 percent. Your recovery will be reduced by your percentage of fault. If you are 51 percent or more at fault, you cannot recover damages from other responsible parties.
If the at-fault driver is uninsured or underinsured, you may claim under your uninsured motorist or underinsured motorist coverage if you purchased it. You may also have other options if the at-fault driver has assets, but insurance is typically the primary source of compensation for injuries in that situation.
Filing a claim can affect insurance rates, but the impact depends on whether your insurer views you as at fault, your claims history, and your policy terms. Talk with your insurer or an attorney about how a settlement or claim might affect premiums.
Many personal injury lawyers work on a contingency-fee basis, meaning they are paid a percentage of any settlement or judgment and charge no fee if you do not recover. The percentage varies by attorney and case stage. You should ask about fees, costs, and how expenses are handled during a free consultation.
Helpful evidence includes the police report, photos of the scene and damage, medical records and bills, receipts for out-of-pocket expenses, witness contact information, repair estimates, and a log of missed work. Preserve your phone, vehicle damage documentation, and any relevant electronic data. An attorney can help identify additional evidence to collect.
Claims against government entities often require special notice and shorter deadlines. You generally must provide written notice to the municipality within a short period after the accident and may face different procedural rules. Consult an attorney quickly to preserve your rights.
Useful organizations and agencies for people involved in car accidents in Braintree include the Braintree Police Department, the Massachusetts Registry of Motor Vehicles, the Massachusetts Department of Transportation, the Massachusetts Attorney General’s Office for consumer and insurance-related concerns, the Massachusetts Bar Association for attorney referrals, and local legal aid or victim assistance organizations for those who qualify for free help. Local county bar associations may also assist in finding experienced car-accident attorneys.
If you were involved in a car accident in Braintree, consider these practical next steps:
- Seek prompt medical attention and follow your provider’s care plan. Document all treatment and costs.
- File a police report and obtain a copy for your records.
- Notify your insurance company and provide truthful, basic facts. Avoid giving recorded statements to the other party’s insurer without consulting a lawyer.
- Preserve evidence - photos, repair estimates, witness information, and any damaged items.
- Track lost wages and other out-of-pocket costs related to the crash.
- Consult with an experienced car-accident attorney in Massachusetts to review your case, explain applicable deadlines, and discuss your options. Many attorneys offer free initial consultations and work on contingency-fee arrangements.
This guide provides general information only. For advice specific to your circumstances, contact a licensed attorney in Massachusetts who handles motor-vehicle accident cases.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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