FAQs: Personal Injury Compensation & Legal Fees

By Marc L. Breakstone, Esquire | Breakstone, White & Gluck

Personal injury compensation in Massachusetts depends on your injuries, lost income, future care, evidence of fault and available insurance

How much is my personal injury case worth in Massachusetts?

If you've been injured because someone else failed to act responsibly, you deserve to understand what your claim may be worth. I know that when you're dealing with pain, medical appointments, lost income and uncertainty about the future, the financial questions can be overwhelming.

There is no single formula that determines the value of a personal injury case. The value depends on the nature and severity of your injuries, the effect they have on your daily life, your medical expenses, lost income, future care needs, the evidence establishing responsibility and the insurance coverage available.

My approach is to look beyond the immediate bills and understand how the injury has changed your life. Will you be able to return to work? Will you need additional treatment? Can you still enjoy the activities that mattered to you before the accident?

At Breakstone, White & Gluck, we investigate the facts, work with appropriate medical and financial experts, and build the strongest case we can to pursue full and fair compensation. You deserve an evaluation based on your individual circumstances, not an arbitrary average or an online calculator.

What is the average settlement for a car accident in Boston?

It's understandable to want a number. After a car accident, you may be facing medical expenses, missed paychecks, vehicle damage and difficult questions about how you're going to move forward.

But an average settlement can be misleading. A case involving a temporary injury is very different from one involving a permanent disability, a traumatic brain injury or the loss of a loved one. Even two accidents that appear similar can have very different outcomes depending on the injuries, evidence, responsibility and available insurance coverage.

Rather than relying on a statewide or Boston-wide average, I focus on the circumstances of your accident and the full impact of your injuries. That includes present losses, reasonably supported future expenses, lost earning capacity and the physical and emotional effects of the injury.

My responsibility is to understand what you and your family have been through, investigate the available evidence and pursue compensation that reflects the actual harm you've suffered. I won't promise a particular settlement before understanding your case, but I will work to help you make informed decisions about your options.

How much compensation can I get for pain and suffering?

An injury can take away much more than your ability to work or leave you with medical bills. It can interfere with sleep, relationships, family responsibilities, independence and the activities that make life meaningful.

Massachusetts law allows compensation for pain and suffering in qualifying personal injury cases. The amount depends on the evidence and the particular circumstances, including the severity and duration of your pain, the limitations caused by your injuries, your recovery and any lasting effects.

There is no reliable universal calculator that can tell you what your pain and suffering is worth. A meaningful evaluation requires understanding how the injury has affected you as a person, not just reviewing a list of diagnoses.

I believe that your experience deserves to be taken seriously. Our job is to document the effects of the injury, present the evidence clearly and make sure the insurance company or jury understands the full impact on your life. You should not have to minimize what you've endured simply because some of the most significant effects cannot be captured on a medical bill.

How much does a personal injury lawyer cost in Massachusetts?

You should be able to seek legal help after a serious injury without worrying about paying an attorney by the hour while you're unable to work or struggling with medical expenses.

At Breakstone, White & Gluck, we handle personal injury cases on a contingency fee basis. Our attorney's fee is a percentage of the money recovered for you, as specified in the written fee agreement. We also advance the case costs necessary to investigate and pursue the claim.

Before you decide whether to hire us, we will explain how the fee works, what expenses may be involved and how those amounts are handled if the case succeeds. You should understand the financial arrangement before making a commitment.

I want you to be able to focus on your health and your family while we focus on building your case. The details matter, and you deserve straightforward answers about costs from the beginning.

Do Boston personal injury lawyers charge if they lose?

Many personal injury lawyers, including Breakstone, White & Gluck, work on a contingency fee basis. Under our published fee arrangement, you do not owe our attorney's fee unless we recover compensation for you.

It is important, however, to understand the exact terms of your agreement. Attorney's fees and case expenses are not necessarily the same thing, and clients should know what the agreement says about costs if there is no recovery or if the attorney-client relationship ends before the case is resolved.

We explain our arrangement at the outset so you can make an informed decision without unnecessary financial uncertainty.

If you've been injured, you shouldn't have to choose between protecting your legal rights and paying your everyday bills without first understanding your options. We can discuss your circumstances, explain how representation works and answer your questions without pressure.

What percentage does a personal injury lawyer take from a settlement?

There is no single percentage that applies to every personal injury lawyer or every case in Massachusetts. The fee depends on the written agreement and any rules that apply to the particular type of claim.

A contingency fee agreement should explain the percentage or formula used to calculate the attorney's fee. It should also explain how litigation expenses are handled and whether those expenses are deducted before or after the fee is calculated. Those details can make a meaningful difference in the amount you ultimately receive.

At Breakstone, White & Gluck, we believe you should understand the financial arrangement before you hire us. We will explain the terms of the proposed agreement, how fees and expenses affect your recovery, and any relevant provisions that may apply to your case.

Don't hesitate to ask for an example showing how the final distribution would work. You deserve to know not just the headline percentage, but what it means for you and your family.

Will I have to pay legal fees or case expenses upfront?

When you're recovering from an injury, even ordinary expenses can become difficult to manage. You may be missing work, paying for treatment or trying to support your family on a reduced income. The prospect of additional legal bills can understandably be stressful.

At Breakstone, White & Gluck, we handle personal injury cases on a contingency fee basis and advance the costs required to investigate and pursue them. Those costs can include obtaining medical records, hiring expert witnesses, taking depositions and paying court-related expenses.

Under our published arrangement, you do not receive a bill for our attorney's fee or advanced case costs unless we successfully obtain a settlement or verdict.

We will explain the fee agreement and how expenses are treated before you retain us. My goal is to remove as much uncertainty as possible so that you can concentrate on your recovery while we work to protect your interests.

Who pays my medical bills while my injury case is pending?

This is one of the most pressing questions injured people face, particularly when treatment continues long after an accident.

The answer depends on the circumstances of your injury, the insurance coverage available and the type of claim. After a Massachusetts motor vehicle accident, personal injury protection (PIP) coverage may pay certain medical expenses and lost wages, subject to the applicable limits and rules. Health insurance may also cover treatment, depending on your plan. Other sources of payment may be available in some cases.

You should not assume that the at-fault person's insurer will pay your medical bills as they arrive. Liability claims are often resolved later, and you may need to coordinate different sources of coverage in the meantime.

We can review the available policies, help you understand your options and identify issues that need attention. We can also explain whether health insurers or other benefit providers may assert repayment claims against a future settlement.

You deserve clear guidance about how to access treatment and manage expenses while your claim moves forward. Your health should not be an afterthought in the legal process.

Can I recover lost wages and future medical expenses?

Yes, compensation for lost income and reasonably supported future medical expenses may be available in a qualifying Massachusetts personal injury claim. Depending on the facts, you may also be able to seek compensation for reduced future earning capacity, rehabilitation, necessary assistance and other injury-related losses.

The challenge is often establishing the full extent of those losses. A serious injury may affect not only the paychecks you've already missed, but also the work you can do in the future, the treatment you will need and the assistance required to manage daily life.

We work to document these losses using employment and financial records, medical evidence and, when appropriate, opinions from medical, vocational or economic experts. We want the claim to reflect the likely long-term consequences of the injury, not simply the expenses incurred during the first few months.

I know that uncertainty about your ability to work and provide for your family can be frightening. Our job is to investigate those concerns carefully and pursue compensation supported by the evidence so that important future needs are not overlooked.

Will I have to repay health insurance or other benefits from my settlement?

Possibly. Depending on your case, a health insurer, government benefit program, workers' compensation insurer or another payer may have a reimbursement claim or lien relating to benefits paid because of your injury.

These claims can affect the amount you ultimately receive. The rules vary according to the type of benefit, the applicable law, the insurance policy and the circumstances of the case. Some repayment claims may be negotiable, while others are subject to specific legal requirements.

We review these issues as part of evaluating and resolving a personal injury claim. That includes identifying potential liens or reimbursement obligations, determining whether they are valid and addressing them as appropriate before the settlement is distributed.

You deserve to understand what your settlement may mean in practical terms—not just the gross amount offered by an insurance company. Before accepting an offer, make sure you understand the attorney's fee, case expenses, outstanding medical obligations and any potential repayment claims.

Our goal is to pursue a fair recovery and help you understand how the proceeds will be distributed, so you can make informed decisions about your financial future.

A Final Word from Marc Breakstone

When you're injured, you are often forced to navigate a complicated system at a time when you're least prepared to do so. You may be worried about your health, your family, your job and what the future will look like.

You deserve to be heard, to have your questions answered honestly and to have a lawyer who takes your situation seriously. Strong advocacy means preparing thoroughly, challenging unfair insurance practices and being ready to take a case to trial when necessary. Compassion means remembering that behind every claim is a person whose life may have changed in an instant.

At Breakstone, White & Gluck, we take both responsibilities seriously. If you have questions about an injury and your legal options, we invite you to speak with us. We'll listen, explain what we can and help you understand the next steps without pressure.

You don't have to navigate this alone.