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[New Version] Boston Auto Accidents

Boston Auto Accident Lawyers Fight for Injured Clients

Reputable attorneys help maximize Boston car crash victims’ compensation

Boston is celebrated for many things, from long-awaited Red Sox World Series champs to NBA titles and Super Bowl trophies, but motor vehicle traffic is not one of our finer points. Recently, auto insurer Allstate named Boston drivers the worst of the worst among the 200 most populous cities in the country, noting a Boston driver is 167.6 percent more likely to have a car accident than the national average, with a new accident every 3.7 years. The city initiated the Vision Zero action plan in 2016, with a goal of totally eliminating car accident deaths by 2030, but we clearly have a long way to go.

If you are injured in an auto accident in Boston, Feinberg & Alban, P.C. is here to help. If someone else was at fault, you are entitled to compensation for your pain and suffering, as well as for your medical bills, lost earnings and other resulting costs. Our experienced and respected car accident attorneys fight aggressively for you to obtain the maximum damage award possible for your injuries.

Boston auto accidents arise from many causes

We are passionate advocates for individuals who have suffered serious injuries or lost a loved one due to traffic accidents in our city caused by:

  • Alcohol / drug consumption — Drunk or drugged driving is still a critical problem in Boston. Despite strict law enforcement, extensive publicity about the dangers and plenty of public and community transportation options, more than 30 percent of auto accident fatalities in Boston involve alcohol, according to Mothers Against Drunk Driving. With the opioid epidemic and increased acceptance of marijuana use, drug-related crashes are also rising.
  • Distracted driving — Distraction by cellphones or other electronic devices is a growing problem among drivers in Boston and across the state. Massachusetts law prohibits all drivers from texting and emailing and bans cellphone use by drivers younger than 18 years old. However, adults still have the right to hold their phones while driving, putting others at risk of serious injury or death. State traffic safety experts say the growing number of distracted drivers is one of the leading factors in the rise in crash fatalities.
  • Aggressive driving — Drivers who seem always in a hurry or behave as if everyone else on the road is in their way may tailgate, speed, change lanes too quickly or with too little space, run red lights, fail to yield or fail to signal. Aggressive driving often leads to automobile accidents, sometimes fatal.
  • Dangerous roadways — Sometimes an auto accident results from poorly maintained or badly designed roads or construction zones. Boston’s vast and antiquated web of roadways, many in need of repair or repaving, is fertile ground for potholes and other hazards. So is the influx of traffic from highways at a faster rate than the city can accommodate.

Whether an accident involved a car, truck, motorcycle or Massachusetts Bay Transportation Authority (MTBA) vehicle, and whatever its cause, our dedicated team of auto accident lawyers stand ready to help victims get their full measure of compensation.

Winning recoveries for multiple types of injuries

Car accidents due to negligence can cause an array of injuries, some permanently disabling or life-altering. Our dedicated attorneys have experience representing crash victims who have suffered:

  • Blindness
  • Broken bones
  • Cuts and lacerations
  • Disfigurement
  • Head, neck, and spinal injuries
  • Internal bleeding and organ damage
  • Paralysis and nerve damage
  • Death

In the worst cases, we represent families of victims of fatal accidents in wrongful death suits to recover for the victims’ losses and final pain and suffering.

First steps you should take after a car accident

If you have been in a car accident, these steps should be taken:

  • Call the authorities — Dial 911 at once to report the location of the crash and to request an ambulance if needed.
  • Seek immediate medical attention — If you are injured, go to the hospital as soon as possible. This should be your first priority.
  • Gather evidence — If you are able, speak to witnesses and obtain their names and contact information. Get the license plate number, vehicle identification number (VIN), driver’s license number and insurance information from the other driver. If you are unable to do this, ask a friend or someone at the scene. Police should also gather this information, but they may miss details that are critical to your case.
  • Document the scene — As soon as you are able, make note of specific details of what happened. Take pictures from as many angles as possible.
  • Cooperate with the authorities — You are required to answer police questions, though we advise clients to have an attorney present when they do.
  • Contact an attorney — It is critical that you contact a qualified lawyer as soon as possible after an auto accident in Boston. At Feinberg & Alban, P.C., we will promptly initiate an investigation and protect the evidence that will be vital to your case.

While you have three years to file a personal injury lawsuit in Massachusetts, delay in contacting an attorney could impact your rights and the amount of compensation you ultimately receive.

Find a knowledgeable auto accident attorney in Boston

Car crash victims from throughout the Boston community trust Feinberg & Alban, P.C. to vigorously champion their case to achieve the best results. We help clients in:

  • Allston
  • Back Bay
  • Bay Village
  • Beacon Hill
  • Brighton
  • Charlestown
  • Chinatown/Leather District
  • Dorchester
  • Downtown
  • East Boston
  • Fenway Kenmore
  • Hyde Park
  • Jamaica Plain
  • Mattapan
  • Mission Hill
  • North End
  • Roslindale
  • Roxbury
  • South Boston
  • South End
  • West End
  • West Roxbury

Collision injury claims are far from simple. They involve a host of factors that are all governed by different sections of Massachusetts law. In order to protect your rights, you need an attorney experienced in complex auto accident cases on your side.

What types of auto accident damages can you claim under Massachusetts law?

Massachusetts has a no-fault law for auto accident claims. Generally, this means that each driver’s insurance covers that driver’s injuries and lost wages, regardless of who caused the accident. However, in cases of severe injuries, the at-fault driver can be held liable. These are cases in which injuries result in more than $2,000 in reasonable medical expenses or include serious, permanent disfigurement, fractured bone or loss of hearing or sight.

With the injuries that are not governed by the no-fault law, you may be able to recover economic damages, such as:

  • Medical expenses — These are bills for past and future emergency care, surgery, doctor’s visits, prescriptions, physical therapy and medical devices.
  • Lost income — This includes documented past lost income for a worker who can no longer do a job due to the accident injury as well as future lost income, based on an expert’s estimate of the impact the injury has had on the worker’s ability to work until retirement or death.  We have even proven these damages without the need for experts.
  • Lost support and services — Costs incurred for childcare, home maintenance and other personal services that you are no longer able to provide for yourself and your family are also recoverable.

In  cases that are not covered by the no-fault law, you may also be able to recover non-economic damages, and thereby be compensated for:

  • Pain and suffering/emotional distress — Compensation for physical and emotional stress caused by an injury, including physical aches and pains, physical limitations, scarring, reduced life expectancy and the depression or other emotional harm that result.
  • Loss of companionship — Compensation for your spouse or family due to the loss of your affection and comfort caused by the injury.
  • Embarrassment — Covers emotional damages from the permanent loss or impairment of a bodily function or substantial disfigurement.

Recovering these damages requires considerable investigation and evidentiary support. The attorneys at Feinberg & Alban, P.C. are skilled at helping clients maximize their compensation for such injuries.

Who pays medical expenses while an auto accident case is pending in Massachusetts?

Because the Massachusetts no-fault law mandates that each driver’s insurance cover their own medical expenses, all drivers must carry Personal Injury Protection (PIP) insurance. PIP pays up to an $8,000 limit for medical expenses, replacement services (childcare, cleaning services, etc.) and 75% of any lost wages. PIP covers you, anyone you allow to drive your car, anyone living in your household and any passengers and pedestrians involved in an accident, regardless of who caused it. We have handled thousands of PIP claims, all for no fee, while we pursue your rights for what is often referred to as pain and suffering damages.

That sounds straightforward. Unfortunately, dealing with PIP benefits can be much a more complicated process. If you have private health insurance, for example, PIP will pay only the first $2,000. After that, the private insurance kicks in, along with any co-pays and deductibles. If the private insurance benefits are exhausted, PIP should again cover your medical expenses up to the $8,000 maximum.

If your PIP insurer pays you benefits and the other driver was at fault, your insurance company may seek to be reimbursed for what it paid you. So, if you filed a claim against the at-fault driver, that driver’s insurance company may offer to settle your case. That $8,000 in PIP benefits will be deducted from the settlement you receive, in order to pay back your insurance company. Therefore, it is critical that any negotiated settlement accounts for this PIP payment, so that you receive the full value of your claim.

Adding another layer of complexity is the PIP deductible. Don’t be fooled by this seeming savings on your insurance premiums. If you have a PIP deductible in your policy, you pay the first $8,000 for your medical and other expenses.

Our Boston attorneys help clients navigate the complexities of PIP. We deal directly with health and auto insurance companies, so you don’t have to worry about whether your rights are protected. We have had thousands of such cases and with thousands of results.

What happens if you’re hit by an uninsured driver in Massachusetts?

Unfortunately, many drivers either cannot afford insurance or simply choose not to obtain it. Massachusetts requires every vehicle to be insured for accidents involving uninsured drivers or hit-and-run accidents. The state requires minimum uninsured-motorist coverage of $20,000 per person and $40,000 per accident. If you are injured in an accident with an uninsured driver, you should be covered by your own policy. In most cases, those uninsured-motorist provisions cover you, anyone you let drive your car, household members and passengers. We understand the complexities of which insurance company is “on the hook” for your recovery.

Even though another driver is not insured, we can explore the viability of filing a civil lawsuit against a remote actor: the bar that served drinks, the construction site that wasn’t properly regulated and in many other scenarios where the at-fault actor may seem unknown at first blush.

What if you are partially at fault for a car accident?

Even if you are partially at fault for a car accident, you may still pursue compensation from the other driver or drivers, to the extent your damages fall outside the Massachusetts no-fault restrictions mentioned above. Under Massachusetts’ contributory negligence law, you can recover damages if your fault for the auto accident was 50 percent or less. Recovery is prohibited, however, if your responsibility for the accident is determined to be greater than the combined fault of all of the defendants.

How does your liability for the accident impact your damages? If you are awarded damages, the amount will be reduced by the percentage of your fault. For example, if a court awards you $100,000 in damages, but determines you were 20 percent at fault for the accident, your award will be $80,000. In November of 2018, Robert Feinberg and Colleen Santora obtained a judgment of $944,000, even where the client was deemed 33% comparatively negligent. That didn’t stop us from getting the client his major recovery.

How auto accident lawyer fees are calculated

Our Boston injury lawyers represent victims of auto accidents and personal injuries on a contingency-fee basis, which means you pay nothing up front and only pay us a fee if we recover damages in your behalf. Our attorneys receive an agreed-upon percentage of the awarded compensation. This contingency-fee arrangement is standard in the legal industry and permits accident victims to pursue cases with knowledgeable attorneys at their side — legal representation that they may not otherwise be able to afford. Injury victims should not have to add the cost of legal fees to their already financially and emotionally stressful situation. Furthermore, we don’t charge for expenses unless you get a recovery. This is unusual among lawyers but it is a practice that is consistent with our desire to put the client’s interests first. This is no mere slogan. We do it.

Should you settle your auto accident claim or go to trial?

When a car accident victim first comes to our firm, we know that the case may take many different directions. Therefore, we investigate and prepare every case as if it will go to trial. We interview witnesses, review medical records and accident reports, nail down the facts and consult experts to review and evaluate the evidence.

Insurance companies typically prefer to make settlement offers rather than go to trial. From an insurer’s perspective, settlement allows them to control their risks and expenses. They know how much they will ultimately have to pay and are not at the mercy of unpredictable juries. A trial can result in a large pain and suffering verdict and negative publicity. In fact, most auto accident cases in the United States are resolved via settlement. Upon settlement, the injured plaintiff drops all claims against the at-fault driver and the insurance company. Settlement can come at any time, soon after we file a claim, after negotiation or even during trial.

Settlement also is the most cost-effective and quickest way to get compensation into the injury victim’s hands. Trials can take many months, and be very stressful on accident victims and their families. The expenses for experts also mount as the case goes to court.  A settlement is a guarantee for the victim. There’s no risk of a negative jury verdict—resulting in a zero recovery or low damages award.

Our attorneys leave no stone unturned when we investigate auto accident cases. We champion each case to our utmost ability. Because they know we always prepare a rock-solid case, insurance representatives often make a settlement offer that appropriately compensates our injured client. Furthermore, they know the lawyers on the other side and we have the reputation of competence that makes them take note and causes our client’s case to be taken seriously.

We weigh each auto accident settlement offer against the chances for a favorable jury verdict or court order, thoroughly discuss the available options with our clients and then decide together which direction to take. When negotiation fails to result in fair compensation from the at-fault driver’s insurance company, we do not hesitate to take the case to trial. After all, we were already prepared to do so.

Contact a Boston auto accident attorney for highly professional representation

For more than 70 years, the reputable lawyers at Feinberg & Alban, P.C. have helped victims of car crashes throughout Greater Boston get the optimal compensation for their injures. Call us today at 617-232-5950 or contact us online to schedule a free consultation. We are conveniently located at 2 Center Plaza, in the heart of Boston. If your injuries prevent you from visiting us, we can come to you.

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
  • google
    5.0/5.0

    Colleen and her team at Feinberg & Alban PC, provided excellent service, demonstrating professionalism and personal attention to details. I appreciate the quick responses to my emails, and her calm and empathetic demeanor. I recommend Colleen and he...

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    Brenda Hernandez

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    5.0/5.0

    what luck to have found marsha alban when i needed a lawyer after an accident. she and her staff were kind and supportive, keeping me informed throughout. marsha negotiated a great settlement on my behalf, and i would happily recommend her.

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    Stephen Green

  • google
    5.0/5.0

    I would like to express my heartfelt gratitude to Marsha and her staff for all the care and concern they have shown me, well beyond my expectations.

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    Daniel Allen

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    5.0/5.0

    It is with pleasure that I highly recommend the law firm of Feinberg and Alban. They accepted my difficult case at the eleventh hour and effected an exceptional outcome. In particular, my attorney, Colleen Santora, helped me through the process with ...

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    Rusty Max

  • lawyers
    5.0/5.0

    It is with pleasure that I highly recommend the law firm of Feinberg and Alban. They accepted my difficult case at the eleventh hour and effected an exceptional outcome. In particular, my attorney, Colleen Santora, helped me through the process with ...

    Read more

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