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How to File a Personal Injury Claim

How to File a Personal Injury Claim in Massachusetts

For more than 75 years Feinberg & Alban PC has been helping clients get the compensation they deserve. We understand the devastating consequences that severe accidents and know how to stand by our clients when they need us. From the moment you contact our firm, our attorneys and staff members represent your needs with energy and compassion. When you hire us, our skillful firm takes care of every detail, and keeps you informed of the process and progress of your case. We are truly a team. You will be hiring people with very strong areas of expertise. While our staff is extremely experienced and capable, your case is ultimately in the hands of an attorney– one who specializes in the injury field. 

If you’re injured, seek medical help!

Before you even think about filing suit, get medical attention immediately. Regardless of the situation, any injured parties need to get their injuries addressed. In addition, the State of Massachusetts requires you to comply with an insurance company request for additional medical examinations or your benefits may be terminated. This is particularly true in a car accident case. 

Get the facts

It is important to make a record of the event. Try to gather and keep the following records:

  • Parties involved —If you are well enough, make sure you get the names and contact information for all parties involved including:
    • If you are in a vehicle accident, get the names of all drivers, passengers and other involved parties
    • If you are injured in a building, find out who owns or manages it. However, we can certainly do so although you can provide us with the information and witnesses that will allow us to show how the building was maintained.
  • Insurance — Make sure that you have the name and phone numbers of any insurance companies.
  • Pictures — Take pictures, with your cellphone if possible. If you are unable to do this, ask a witness to the incident. Very often people stop when someone is hurt to see how they can help. This information may be used as evidence in your favor later.
  • Medical paperwork — When you are treated, make sure you keep any paperwork you get from the doctor or hospital.
  • All documentation for workplace injuries — If you are involved in a workplace injury, notify your employer about the accident and any leave you may be taking. Your employer is allowed to, and might, request that you be examined by additional medical personnel besides your physician.

Start with a professional assessment by a Boston attorney

When you or a loved one has been hurt, you may not know if someone else is to blame. Contact the team at Feinberg & Allen, P.C. for a no-obligation assessment of your situation. We will look at the facts, do an independent investigation, and advise you of the merits of your case. Although previous success cannot guarantee future results, we are proud of our winning record and invite you to look at our settlements and verdicts. The firm handles all types of personal injury cases, including:

  • Bodily injuries
  • Automobile accidents
  • Work and construction accidents
  • Slip and fall/premises liability
  • Injuries to children

The personal injury claims process

You may wonder, do I need a lawyer for a personal injury claim? Tort law and other compensation law is complicated. Your opponent will likely hire counsel, so it is in your best interests to retain your own counsel to stand up for you.

Once you engage counsel, the firm files a complaint with the court. The complaint describes the incident and summarizes your claim against the other party – the defendant. The defendant has a right to respond by filing an answer.

Typically, this is followed by a period called “discovery.” During discovery, the parties divulge the information, facts or evidence they plan to use in the suit. This may include oral or written depositions, or interviews under oath.

Prior to a trial, your attorney will meet the opposing attorney for a pre-trial conference ordered by the court.

Court or settlement

During the legal process, either party may offer and negotiate a settlement. The settlement process can be easy or cumbersome.

The trial is your opportunity to prove how the defendant caused your injury, possibly through negligence. Both sides present their evidence, and both have the opportunity to fight the allegations or dispute the evidence.

As your counsel, our firm will guide you through each step:

  • the pre-suit process;
  • the discovery process;
  • mediation, if agreed by the parties;
  • resolution by settlement at or after a mediation;
  • a trial


Appeals are not a retrial of already-heard evidence. An appeal needs to be based on a claim that there was a judicial or other kind of error in the original suit.

How long do I have to make a claim?

In general, Massachusetts gives you three years to file a lawsuit. However, that is only a general rule. There are “notice provisions” that govern various claims. These can require a certified letter to an appropriate authority within thirty days, M.G.L. c. 84, or within two years, M.G.L. c. 258.

Count on courtroom veterans to guide you through the personal-injury claim process

At Feinberg & Alban PC, we take every detail into account and fight vigorously on your behalf. To make a no-cost appointment, contact us online or by calling 617-232-5950 today. We serve the Greater Boston region and have a record of success getting compensation from individuals, small businesses and large organizations. Our staff speaks Russian, should you or a loved one have limited English skills.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
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    Colleen was great to deal with and communication was easy.

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    Graham Eyres

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    Colleen represented both my daughter and myself in a car accident case. It was a tricky and very involved case with many detail oriented issues to deal with. She handled everything with confidence and grace and supported us through what were some ver...

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    Rhonda Brouder

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    I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...

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    Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...

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    My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results

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