Brockton Personal Injury Lawyers

Frequently Asked Questions (FAQ) about personal injury claims in Brockton

What should I do immediately after an accident?

The first thing you need to do is to seek medical attention. Even if your injuries seem minor, go to a hospital or your doctor to get checked. Some injuries are worse than they initially appear, and delaying medical attention could impact your future claim.

How long does it take to resolve a personal injury claim?

There is no boilerplate answer to this question. The complexity of the case, the strength of the evidence, court schedules, and the opposing party’s willingness to settle can all influence the timeline. Once you file a claim, the process will start with discovery, which is where each side can seek information that will help them build their claim. This process, which includes gathering documents and taking depositions (formal interviews) of witnesses, may last six months to a year. If your case doesn’t settle, it will eventually go to trial, which can last one day to several weeks. Appeals may further extend the timeline. Our team does everything we can to keep cases moving so that we can resolve them efficiently.

Can I file a claim if I’m partially at fault?

Yes, you can file a claim in Massachusetts even if you are partly at fault for your injuries. A common example of this is if you suffered injuries in a car accident where you and the other driver both made a mistake that led to injuries. The catch here is that you must be less than 51% at fault to recover. If you are 51% or more at fault, you cannot collect compensation. If your degree of fault is 50% or less, a court will reduce your damages in proportion to your degree of fault. For example, a claim worth $100,000 will be reduced to $60,000 if you are 40% at fault.

How long do I have to file my claim?

Massachusetts’ statute of limitations for personal injury cases gives you three years to file your claim. If you wait too long, the court will not allow your claim to proceed, so this deadline is extremely important. There are some rare exceptions, mostly involving minors or medical malpractice claims, so it's best to speak to an attorney right away.

When should I consider a settlement versus going to trial?

This is a question you and your attorney can discuss once your lawyer has a good sense of your case and how the opposing side is approaching your claim. Your lawyer should have an idea of what they think your claim is worth, and they can use that to determine whether the settlement offers are strong or if the other side is unwilling to make a fair offer. Generally, if your lawyer feels that the other side is not offering you something reasonable, they will continue to litigate the claim, especially if they think they will have more success at trial.

What evidence should I gather for my Brockton injury claim?

Your lawyer can help you understand what to collect in your case. The evidence will vary in each situation. Perhaps you have photos, medical records, and other information that supports your claim. You may also be able to collect evidence from the other side, which could include things like their phone records, if you believe they caused a crash because they were texting, or their dashcam footage. Third parties may also have evidence, such as security cameras, that could help you build your case. Talk to your attorney to find out what evidence you might need to help collect.

How much will a personal injury lawyer cost me?

Our attorneys represent clients on a contingency basis – essentially, this means we only get paid if your claim is successful. You owe us nothing upfront and nothing if we don’t recover damages or a settlement. We can explain the fee structure to you during a case evaluation.