Boston Personal Injury Attorneys
15 Court Square, Suite 800A
Boston, MA 02108
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
Boston has a lot to offer residents and visitors alike, with a world-class culinary scene, access to some of the top universities and hospitals in the U.S., and several professional sports teams. Unfortunately, all the places to go and experience in Boston also have their share of risks. While enjoying an activity or doing daily tasks, disaster can strike.
If another person’s negligence injures you in Boston, you can seek compensation through the Massachusetts personal injury claims process. An experienced Boston personal injury lawyer from Finkelstein & Partners can explain this process to you in greater detail. Our legal team has received Super Lawyers designation, and several of our team members are in the Multi-Million Dollar Advocates Forum. To learn more about how our team can help you get the results you need after a Boston accident, contact us online or at (617) 580-3144.
Personal Injury Law Basics
Also known as tort law, personal injury law refers to the state’s legal framework that grants individuals who have sustained injuries in preventable accidents the right to seek compensation for the costs of those injuries through a personal injury lawsuit. Wrongful death cases also fall under the umbrella of personal injury law and provide a similar means for the deceased’s beneficiaries to receive compensation for their losses.
The vast majority of personal injury cases name the at-fault parties’ insurance companies as defendants and seek compensation from them. While you may file a personal injury lawsuit against an uninsured person, and even obtain a court judgment in your favor, most people cannot afford to pay for someone else’s medical expenses out-of-pocket.
In personal injury law, the plaintiff’s goal is to establish liability and recover monetary damages. Recovering damages refers to obtaining compensation through a lawsuit.
Massachusetts allows accident claimants to seek:
- Economic damages, which cover the expenses of your injury. Commonly claimed economic damages include medical expenses, lost wages, loss of future earning capacity, and property damage resulting from the accident.
- Non-economic damages, which involve compensating you for the psychological impacts of your injury. Commonly claimed non-economic damages include physical pain and suffering, emotional distress, loss of the enjoyment of life, and loss of consortium, which refers to a damage collected on behalf of an injured person’s spouse for the loss of physical intimacy and companionship commonly experienced after an injury accident.
To prove liability, plaintiffs must prove the following elements of negligence:
- The at-fault party owed you a duty of care.
- The at-fault party breached that duty of care.
- This breach resulted in an accident that caused you to sustain injuries and to incur expenses and other impacts.
What Does a Boston Personal Injury Lawyer Do?
Our Boston personal injury lawyers have experience in tort claims and can seek and obtain compensation for our clients through the personal injury claims process.
- A free, no-obligation case evaluation. This constitutes free time that prospective clients have with one of our Boston injury accident attorneys. During this time, the prospective client can obtain answers to any legal questions, share information about the accident, and learn more about the firm’s role in personal injury cases.
- Establish the value of the case based on the expenses and impacts the claimant has already incurred as a result of the injury as well as those likely to arise in the future.
- Determine all sources of liability and all available insurance policies available to provide compensation.
- Negotiating with the at-fault party’s insurance provider in an attempt to garner a fair settlement offer on your behalf. Most personal injury cases resolve out of court. A settlement constitutes one of the most common ways of resolving a case while avoiding the expense of litigation. Injured individuals should remember, however, that insurance companies can offer settlements at any time from when the claimant’s attorney submits a demand package to the at-fault party’s insurance provider until a court issues a final judgment.
- Guide you through the pros and cons of accepting or rejecting any offered settlement.
- Timely file your lawsuit in court and attendance at all pre-trial hearings and conferences as a representative of your case.
- Gather and organize the evidence and witness testimony that you will need to prove your case in court.
- Litigate your case, if necessary, including the provision of opening and closing arguments, the presentation of evidence, and the examination of witnesses.
- Collect your settlement or award.
- Continue to represent you or the defense want to appeal.
Personal injury lawyers often work on a contingent fee basis. Under this arrangement, you do not have to pay for your attorney’s services unless and until you successfully recover compensation in your case. Finkelstein & Partners proudly offers this service as a way to ensure that any accident victim who needs our assistance has access to that assistance, regardless of financial status. Learn more about why you need a lawyer after your accident by contacting a Boston personal injury lawyer today.
Accidents That Can Result in a Boston Personal Injury Claim
Personal injury law covers various types of accidents, primarily resulting from negligence. Here are some examples of the types of accidents that our clients have faced:
Motor Vehicle Accidents
Before the Covid-19 pandemic began in 2020, the number of injuries and fatalities in Massachusetts traffic collisions plateaued after reaching highs in the late 1990s and early 2000s. However, that changed during the pandemic, when our state began having record numbers of fatal traffic accidents. The numbers have climbed even higher recently, reaching more than 400 traffic deaths statewide a year, the most recorded since 2007.
Too many people die or get hurt in preventable traffic accidents. Human error or risky behavior often causes traffic accidents.
Some behaviors that can cause a devastating traffic crash include:
- Alcohol Impairment
- Distracted Driving
- Failure to Yield the Right-of-Way
- Fatigued Driving
- Failure to Maintain the Vehicle
Around Boston, some intersections are more dangerous than others.
Some of the most treacherous crossroads around Boston include:
- North Washington Street and Boston’s Central Artery (Interstate 93)
- Storrow Drive and Charles Street
- Route 1A South and the ramp to Sumner Tunnel
- Central Artery and Columbia Road, both North- and South-bound ramps
If a negligent driver in Boston wrecked your car, crashed into you while you rode your bike, or hit you in a crosswalk, reach out to our experienced lawyers for help.
Construction Accidents and Other Workplace Injuries
Boston’s construction market is booming, with large projects popping up downtown and throughout the city.
Construction accidents account for the largest share of workplace injuries in the U.S., with the industry’s fatal four causing most accidents:
- Electrical exposure
- Struck-by accidents
- Caught in or caught between accidents
To receive compensation for most workplace injuries, including construction accidents, injured workers file a claim with Massachusetts’s workers’ compensation program. In Massachusetts, nearly all private employers must obtain workers’ compensation insurance for their employees. This insurance covers medical treatment and wage loss associated with a workplace accident, usually regardless of fault.
Sometimes, a third party’s negligence injures someone at work. For example, another driver might rear-end a delivery driver. In these cases, the injured person may also need to file a claim with the third party’s insurance company. Our team can help you figure out where to file your claim and ensure that you have all the correct documents, so your case does not get bogged down in red tape instead of moving forward.
Nursing Home Abuse
More than 88,000 senior citizens live in Boston, and the metropolitan area has dozens of certified nursing home beds available for elderly or vulnerable residents. These facilities must provide certain services to preserve or improve their residents’ quality of life. Unfortunately, many nursing homes are understaffed; this raises the risk of neglect or abuse and endangers residents’ lives.
Some of the issues created by nursing home understaffing include:
- Failure to provide adequate fall protection for residents who are at high risk of falling
- More bed sores due to a lack of staff members to regularly reposition immobile residents
- Medication errors, including giving the wrong medicine to a resident or giving a resident more medication than prescribed
- Lack of supervision of residents prone to wander, resulting in a resident wandering away from the facility or into a dangerous place
- Failure to properly vet and train new employees to ensure that they have the experience, disposition, and training required to respect the dignity of the residents they work with
If a Boston nursing home’s negligence injured you or your loved one, you do not have to face the establishment alone. Our legal team has experience helping Boston seniors get compensation for the long-term care and treatment they deserve.
Product Liability and Mass Tort
The manufacturers of products like medications, medical devices, food and supplements, vehicle parts, appliances, and children’s clothing or toys must ensure that their product is reasonably safe when used according to instructions. However, manufacturers often put their bottom line ahead of safety.
Doing so can lead to one of three manufacturing defects, including:
- Design defects: These defects occur when a company poorly engineers its product or knows a better, safer design is available but chooses to sell its product anyway.
- Manufacturing defects: A mishap during the manufacturing process, like foreign material contaminating manufactured food or errors that weaken or change a product, causes manufacturing defects.
- Inadequate warning or instruction defects: Manufacturers must provide instructions on how to use a product so that consumers can take precautions. They must identify non-obvious risks and ensure that consumers can use the product safely. They can be liable for injuries if they fail to provide proper warnings or instructions.
A mass tort is a type of personal injury case in which many people have factually similar claims against the same company. These claims are combined into one case, at least for the discovery phase, to relieve the burden on the court system and ensure fairness.
At Finkelstein & Partners, we have extensive experience handling product liability and mass tort cases. We are currently investigating claims regarding Juul use and vaping, Elmiron, and Zantac. Contact us immediately if these or other products have hurt you or a loved one.
When a person dies in an accident that would have likely resulted in a personal injury lawsuit, an executor or administrator of the deceased’s estate can file a claim on behalf of the deceased’s family and estate to obtain compensation for:
- The loss of income the deceased would have been reasonably expected to earn throughout their lifetime
- The loss of services, protection, and assistance provided to their family members
- Loss of care, comfort, companionship, society, guidance, and counsel
- The cost of a funeral service and burial or cremation
In Boston, the statute of limitations for wrongful death claims is the same as for personal injury claims: three years. The executor or administrator must file a wrongful death lawsuit in court within three years of the date of the deceased’s death.
Losing a loved one in a preventable accident causes unimaginable pain. Receiving compensation for their death does not eliminate the pain, but it can help relieve the financial burden so survivors can process their grief.
The Personal Injury Claims Process in Boston
Individuals injured in Boston by someone else’s negligence can seek compensation for their losses through a personal injury claim. This process generally begins when the injured party hires a lawyer to assist them with their claim. The lawyer investigates the accident to identify sources of liability and associated liability insurance resources and to gather the evidence needed for the claim.
Once the claimant has reached maximum medical improvement, the lawyer will establish a value for their personal injury claim by considering several factors, including:
- Expenses incurred due to injuries or property damage caused by the accident, such as damage to a vehicle
- The severity of the injury and whether it will likely permanently impair the claimant’s ability to earn an income
- How much insurance the at-fault party has since insurance policies are almost always the source of payment for personal injury claims
After estimating the claim’s value, the lawyer files a demand with the at-fault party’s insurance provider. Upon receiving the claim, the provider assigns an adjuster to evaluate the claim and determine if the company owes the claimant compensation.
When responding to the demand, the claims adjuster can:
- Accept the liability of the insured and pay the demand
- Deny the claim and provide a reason for the denial
- Offer to settle the claim for less than its established value
The most common resolution to a personal injury claim is a settlement. Often, initial settlement offers are far below the established claim value, and the claimant’s lawyer will need to negotiate with the claims adjuster to get them to increase their offer. If the claims adjuster refuses to offer a fair settlement, the lawyer can take the case to court.
Massachusetts’s statute of limitations for personal injury claims is three years from the injury date. Failing to file the lawsuit within that time will result in losing the right to use the court system to seek compensation. Because insurance companies offer settlements to avoid the expense and uncertainty of litigation, losing the right to fight it out in court usually results in the insurance company being unwilling to settle the claim fairly.
The insurance company can offer a settlement at any time, even after the claimant files a lawsuit.
The compensation available through a personal injury settlement or award may include:
- Medical expenses
- Wage loss
- Loss of earning capacity
- Property damage
- Physical and emotional pain and suffering
Boston Personal Injury FAQs
Personal injury law in Boston protects those harmed because of someone else’s wrongful actions or inactions. Injuries sustained in an accident are physically, emotionally, and financially devastating, and are often life-changing. Injured individuals and families in Boston can hold an at-fault party accountable for their injuries. And they can best do so with the help of an experienced personal injury attorney.
The firm of Finkelstein & Partners is ready to help Boston personal injury victims of a wide variety of cases. For seven decades, the firm has been passionately and skillfully representing clients to help them recover from devastating, life-changing injuries, often securing millions of dollars in settlements and court awards for individual clients.
While we can’t guarantee a specific result in any case, you can count on our firm to fight for every dollar you deserve. If you were injured in Boston due to someone else’s wrongdoing, call Finkelstein and Partners today to start exploring your options for legal recourse.
It’s normal to have questions and concerns as you begin to think about bringing a Boston personal injury claim. This post answers some commonly asked questions concerning personal injury claims.
Any injury that is caused by someone else’s wrongdoing and that results in bodily injury or property damage could give rise to a Boston personal injury claim.
The most common types of personal injury cases involve:
- Motor vehicle accidents – More than half of all personal cases stem from motor vehicle accidents. Boston residents are bound by no-fault auto insurance regulations, such that they will primarily receive compensation for medical expenses and property damage through their personal injury protection (PIP) insurance. However, It is possible to file a car accident injury claim under certain circumstances. For example, severe and catastrophic injuries, disfigurement, and extremely high medical expenses may warrant recovery beyond PIP. A Boston car accident injury lawyer can help injured victims whose claims go beyond PIP file a claim against potentially negligent parties.
- Medical malpractice – When the actions of a healthcare provider fall below acceptable standards of care and cause harm, it may be considered medical malpractice. Any kind of medical professional and the institutions they work for can be found liable for such harms. This may include physicians, nurses, physician assistants, dentists, lab technicians, radiology techs, as well as the offices or hospitals they work for. To evaluate the viability of a Boston medical malpractice claim, a personal injury lawyer will need to know exactly what you believe happened to cause the injury. This can be difficult; however, even if your information is limited, a lawyer has resources to demand information from the healthcare provider to investigate further.
- Nursing home abuse – Nursing home abuse, though abhorrent, is unfortunately pervasive. Some elderly people are simply unable to speak up, and some remain silent out of fear. Physical abuse, sexual abuse, and neglect are common grounds to pursue a nursing home abuse claim. Some signs of nursing home abuse and neglect are unexpected death, infection, bedsores, frequent falls, fear of nursing home staff, fractures, and burns.
- Premises liability – Boston property owners, business owners, and those responsible for maintaining public areas are legally required to ensure the safety of tenants, patrons, and others legally present on their property. When hazardous conditions on a Boston property cause an injury, the property owner or lessee could be found liable to pay compensation.
- Workplace accidents – Workplace injuries are often covered under workers’ compensation laws. In Boston, employers are required to carry worker’s comp insurance. Unless an injured worker was injured while engaging in fighting or horseplay or was working while intoxicated, benefits are generally available without the burden of having to prove fault. Independent contractors are generally not covered by worker’s compensation in Boston. Even if you are an independent contractor or have doubts about whether or not you are covered by workers comp, it is beneficial to consult a Boston personal injury lawyer with work comp experience if the employer or their insurance carrier is disputing eligibility to file a claim. Beyond workers comp, there are also certain circumstances where an individual might be able to file a personal injury claim, such as if a defective piece of equipment caused injury, in which case a claim might be brought against the manufacturer.
Other potential Boston personal injury cases include product liability, wrongful death, bicycle or motorcycle accidents, and injuries sustained in a common carrier. To establish a defendant’s liability, the injured party must establish that the defendant owed them a certain duty of care, the defendant violated this duty of care, and their violation directly caused the accident and the victim’s injuries.
It is to your benefit to come to an initial case consultation prepared. The strength of a case is directly proportional to the amount of relevant evidence you can provide.
The following list of documents and information is not comprehensive, and not all items will apply in every case, but the more information you can provide your lawyer in your initial case consultation, the faster you can build a strong case.
- Medical Records and Bills. Medical records and bills relevant to your accident injuries are a foundational source of documentation for establishing the value of your claim and often a defendant’s fault
- Name, address, and phone number of each doctor who treated you
- List of your current prescription medications and dosages
- Photos of your injuries
- Photos from the accident scene
- Receipts for out-of-pocket medical expenses
- Pay stubs
- Police Report
- Commonwealth of Massachusetts motor vehicle crash operator report
- Insurance Information for health coverage and vehicle insurance
- Insurance card, Medicare/Medicaid card
- Homeowners insurance policy
- Correspondence (letters, emails, text messages, voicemails) from any insurance company concerning the accident
- Any communications between you and the other party and their attorney or representative
- Witness information—Names, addresses, and phone numbers of every known witness to the accident
- Ambulance run report
- Any traffic tickets or citations issued to you, or information about any tickets or citations issued to the other driver(s) at the accident scene
- Any documentation and bills related to any vehicle repairs, towing, or storage related to an accident
- Any documentation and bills related to a rental car involved in an accident
- Any documentation related to lost time from work as a result of accident injuries
- A list of anyone you have spoken with about your accident and what you told them
If you retain the attorney to represent you in bringing a claim, you will likely need to sign a HIPAA authorization to allow your attorney to obtain your medical records and bills to build up your claim and develop a settlement demand. They will continue to collect these records as you continue to receive treatments and incur medical expenses.
Review the law firm’s website for client testimonials, and review their successes. Note any awards and recognitions individual attorneys have received, and pay attention to the number of lawyers and support staff who may be available to work on your case. Finding the right attorney to represent you can make a significant difference.
An initial case consultation is also your opportunity to ask any questions you may have. Inquire about the firm’s experience with cases like yours, and if they have trial experience. You should also ask about the firm’s fee arrangement and billing practices.
Inquire about any additional costs you should expect, which may include:
- Court filing fees
- Deposition costs
- Expert witness fees
- Cost of retrieving medical records
- Travel expenses
- Accident reconstruction and investigative expenses
It is helpful to know who you will deal with regarding your case, how you will be updated as the case progresses, and how you can get in touch with your attorney directly. Go with your gut, and keep in mind that no question should be considered unimportant.
Whether your case is on the road to a negotiated settlement, arbitration, mediation, or trial:
- Do not discuss your case with anyone except your attorney, their staff, and your medical care provider
- Do not post anything relating to your accident or current medical condition on social media
- Keep current with your medical care
- Do not miss scheduled medical appointments
- Follow all recommendations from your healthcare providers
- Keep a journal of any time missed from work, any new doctors you see, and how your injuries have affected you and your family
- Respond timely to any requests from your attorney during throughout the case
- Ask your lawyer if you are unsure if something is relevant
- Be upfront about any previous claims (and the outcome of those claims) you may have made
- Do not withhold information from your attorney
Remember, the defendant and their insurance company may monitor you. It is not uncommon for carriers to investigate a plaintiff, possibly hoping to capture a compromising activity that may limit financial recovery.
Work with your Boston injury accident lawyer to prepare to provide answers to interrogatories and testimony in depositions or at trial. It is important to give truthful answers in all cases. Review all the facts of your case. Answer only what an opposing party or their counsel asks; do not volunteer information beyond that. If you don’t know the answer to a particular question, just say so. Saying “I don’t know” is a perfectly acceptable answer. If you don’t fully understand the question, ask for clarification.
In a deposition or at trial, dress appropriately and stay as calm as possible. Expect to be asked anything. In a deposition, the defendant’s lawyers can potentially ask you anything, including seemingly unrelated and often personal information. They may inquire about your educational background, current financial situation, legal problems you have had in the past, your credit history, and your current family situation. If you have any particular concerns about answering any questions, you can consult with your attorney.
Once a lawyer can determine that you have a viable claim—that you can establish liability and damages—they will help determine the potential value of your claim. Every case is different, and it is not possible to predict, with any certainty, how much, if any, money you may receive through settlement or a court award of damages.
However, in determining the value of a claim, your lawyer may consider:
- The severity of the injury
- The likelihood of a permanent disability
- The extent of the injury
- The prognosis for a full recovery
- The actual cost of immediate medical care
- The potential need for long-term healthcare-expenses
- Lost wages
- Out-of-pocket personal expenses
- Impacts on your family and lifestyle
- Pain and suffering
- Loss of consortium
- Mental health evaluations
- The age and educational background of the injured party
- The potential need for household expenses for cleaning, personal care, and childcare
- Rehabilitation costs
- The need for adaptive equipment
Additionally, catastrophic injuries—such as traumatic brain injury, spinal cord injury, amputation, and paralysis—can have life-long financial implications, such that victims can often recover significantly higher damages.
You really do need a lawyer. Here’s why.
After an accident, claims adjusters from one or more insurance companies will contact you. An insurance claims adjuster is an employee of an insurance company. Their primary duty is to find out whether or not the insurance company can deny your claim or lessen the amount the company has to pay out.
Insurance companies are for-profit businesses. The less money they pay out in claims, the greater their profits. It is not unusual for them to mislead a claimant to confuse or to encourage a claimant to accept a low-ball settlement. If you agree to a settlement without help from an experienced personal injury attorney, you may miss your one opportunity to receive maximum compensation.
Furthermore, an insurance company will try to find ways to blame a claimant for an accident or the severity of their injuries. For instance, many personal injury cases are based on a plaintiff’s claim that the defendant caused a specific injury. Insurance companies may argue the injury was, in fact, a pre-existing condition.
An experienced Boston personal injury lawyer can fight back against an insurance company for your right to fair compensation for your losses. They can speak on your behalf, protecting your legal rights and helping you toward a full and fair financial recovery. Consult with a Boston personal injury lawyer as soon as possible after an accident. If you have questions or concerns about a specific personal injury case, do not hesitate to contact Finkelstein & Partners for a free case consultation.
Were You Injured in Boston Due to Someone Else’s Negligence? We Can Help You
In Boston, other people carelessly or recklessly cause accidents that injure others every day. Many people hesitate to hire a lawyer to assist them with a personal injury claim because they do not believe they can afford a lawyer’s services.
Thanks to the contingent fee billing method, getting help with your Boston personal injury claim at Finkelstein & Partners is affordable for anyone, regardless of financial status. Our billing method allows personal injury claimants to wait to pay for their lawyer’s services until their claim resolves through settlement or a court award.
To learn more about the personal injury claims process, the services provided in Boston by Finkelstein & Partners, or for answers to your legal questions about your claim, contact us at (617) 580-3144 for your free case evaluation.