Frequently Asked Questions

After an accident, we understand you have many questions. We're here to provide the answers and the personal injury resources you need to move forward with confidence.

Here are some of the most frequently asked questions about personal injury in Massachusetts:

Overview

What should I do right after an accident or injury?

Get medical care first, even if you feel okay, because some serious injuries take days to show symptoms. If you can, take photos of the scene and your injuries, get the names and contact information of any witnesses and report the accident to the police or the property owner. Keep every medical bill, receipt and record. Then talk to a lawyer before you give a statement to any insurance company.

Should I talk to the other driver’s insurance company?

Not before you talk to a lawyer. The adjuster may sound friendly, but their job is to pay as little as possible on your claim. Anything you say in a recorded statement can be used to argue that you were partly at fault or that your injuries aren’t serious. Once you hire us, we handle all communication with the insurance companies so you can focus on getting better.

Should I accept the first settlement offer?

Usually not. Early offers often come before you know the full extent of your injuries, your future medical needs or how long you’ll be out of work. Once you accept and sign a release, you can’t go back for more, even if your condition gets worse. We measure every offer against the full value of your claim, and you always make the final decision.

What if I didn’t go to the doctor right away?

You may still have a claim. Many people feel fine at first, or they push through the pain because they have work and family to take care of. Insurance companies often point to a gap in treatment to argue that something else caused your injury, so get checked out as soon as you can and tell your doctor about the accident. We use your medical records to connect your injuries to the accident and explain the delay.

How do I find the right personal injury lawyer?

Look for a lawyer whose experience matches your case. Many lawyers handle a little of everything, but serious injury, product liability and medical malpractice cases call for a lawyer who handles them every day. At Breakstone, White & Gluck, we handle only serious injury cases, and one of our three founding partners personally represents every client.

Learn more: 12 Questions to Ask Before Hiring a Personal Injury Lawyer

How can I check a lawyer’s qualifications?

Ask. You have every right to know whether a lawyer has handled cases like yours, how often they go to trial and who will actually work on your case. A good lawyer will welcome those questions and answer them directly.

Do I need a lawyer if the insurance company already accepted fault?

Accepting fault is not the same as paying what your claim is worth. Even when fault is clear, insurers often dispute how serious your injuries are, question your treatment or push a quick settlement before your future medical needs are known. A lawyer makes sure your claim includes every loss, including future care and lost earning capacity. A free consultation can help you decide whether you need one.

What is my personal injury case worth?

No formula can tell you that. The value depends on how serious your injuries are and how they affect your work and daily life. It also depends on your medical bills and future care needs, the evidence showing who was at fault and the insurance coverage available. We investigate each of these before giving you our assessment, and you always make the final decision about whether to accept an offer.

Learn more: FAQs About Personal Injury Compensation and Legal Fees

What types of compensation can I recover?

Depending on your case, you may recover compensation for medical bills, future medical care, lost wages and lost earning capacity. You may also recover damages for pain and suffering, emotional distress and the loss of enjoyment of life. A spouse may have a separate claim for loss of consortium. We document every one of these losses so your claim reflects the full impact of your injury.

How much does it cost to hire Breakstone, White & Gluck?

Nothing up front. We handle personal injury cases on a contingency fee basis, so our fee comes from the money we recover for you. We also advance the costs of investigating and building your case. Before you sign anything, we explain the fee agreement in plain English.

Who pays my medical bills while my case is pending?

After a car accident in Massachusetts, the personal injury protection (PIP) coverage on your auto policy pays up to $8,000 for medical expenses, up to 75% of lost wages and replacement services, no matter who caused the crash. Your health insurance may also cover your treatment. Some insurers that pay your bills have a right to be repaid from your settlement, and we work to resolve those claims so more of your recovery goes to you.

Do I have to pay taxes on a personal injury settlement?

In most cases, no. Under federal tax law, compensation you receive for a physical injury, including lost wages, is generally not taxable. Punitive damages and some other parts of a recovery can be taxable, so talk with a tax professional about your specific settlement.

→ Read our guide: Personal Injury FAQs on Compensation, Fees and Medical Bills

How long do I have to file a personal injury claim in Massachusetts?

In most cases, Massachusetts law gives you three years from the date of your injury to file a lawsuit. Some claims have shorter or different deadlines, including claims against cities, towns and state agencies. Evidence also disappears quickly, so it’s best to speak with a lawyer as soon as you can.

How does no-fault (PIP) insurance work in Massachusetts?

Massachusetts is a no-fault auto insurance state. Your own policy pays up to $8,000 in medical expenses, lost wages and replacement services through personal injury protection (PIP), no matter who caused the crash. To recover pain and suffering from the at-fault driver, your reasonable and necessary medical expenses must be more than $2,000, unless your injury involves a fracture, permanent and serious disfigurement, the loss of a body part, or the loss of sight or hearing, or the accident caused a death. Many serious injury cases meet one of these exceptions.

Can I still recover if I was partly at fault?

Yes, as long as you were not more at fault than the people you’re making a claim against. Massachusetts follows a modified comparative fault rule. If you are 50% or less at fault, you can recover, but your compensation is reduced by your share of the fault. If you are 51% or more at fault, you cannot recover. Insurance companies use this rule to shift blame onto injured people, which is why we investigate fault early.

What if the driver who hit me was uninsured or underinsured?

You may still recover through your own auto policy. Every Massachusetts auto policy must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. Underinsured motorist coverage is optional, but if you have it, it can pay when the at-fault driver’s policy isn’t enough to cover your losses. We review every available policy to find all the coverage you’re entitled to.

How are medical malpractice claims different in Massachusetts?

Medical malpractice claims follow special rules. Before the case moves forward, a tribunal made up of a Superior Court judge, a physician and an attorney reviews it. Massachusetts also limits damages for pain and suffering to $500,000 in many cases, but that limit does not apply when the patient suffers a substantial or permanent loss or impairment of a bodily function, substantial disfigurement or other special circumstances. These cases need early review by qualified medical experts, and we bring them in from the start.

Can my family file a wrongful death claim?

Yes. In Massachusetts, the executor or administrator of the person’s estate brings the wrongful death claim on behalf of the family. Compensation can include the income, services, care, companionship and guidance the person would have provided, along with funeral and burial expenses. The claim generally must be filed within three years of the date of death. We guide families through every step of the claim.

How long will my case take?

Some cases resolve in a few months. Others take a year or more, especially when injuries are serious or the insurance company disputes fault. In most cases, we wait to settle until we understand the full extent of your injuries, because once you sign a release, you can’t go back for more. We’ll give you a realistic timeline at the start and keep you updated as things change.

Explore: FAQs About Case Timelines and What to Expect

Will my case go to trial?

Most personal injury cases settle before trial. We prepare every case as if it will go before a jury, because insurance companies make better offers to lawyers they know will go to court. If a fair settlement isn’t on the table, we’re ready to try your case.

What happens after I hire you?

We start by learning about you, your injuries and how the accident happened. Then we investigate, gather your medical records, document your losses and handle all communication with the insurance companies. Once your future medical needs are clear, we present your claim and negotiate. If the insurer won’t be fair, we file a lawsuit.

→ Read our guide: Personal Injury Case Timelines and What Happens Next

Do I have to sue someone to get compensation?

Not always. Many claims settle with the insurance company before a lawsuit is ever filed. Your claim is made against the person or business responsible for your injury, and sometimes their employer too. In almost every case, the money comes from their insurance company, not from them personally.

Many people hesitate to make a claim when a friend or family member caused the injury. Insurance exists for exactly this situation. Making a claim usually means asking their insurer to pay, not taking money out of their pocket.

Can I file a claim if I was hurt at work?

Workers’ compensation is usually your only remedy against your employer, and it pays medical bills and part of your lost wages no matter who was at fault. But if someone other than your employer caused your injury, such as a negligent driver, a property owner, a subcontractor or the manufacturer of a defective machine, you may also have a personal injury claim against them. That claim can include pain and suffering, which workers’ compensation does not pay. We look for every third-party claim available to you.