Massachusetts Personal Injury Lawyer

Personal injury matters we handle

Help understanding your options after an injury

You may be trying to recover while answering calls from insurance companies, arranging transportation, or finding a way to pay household expenses. A personal injury consultation gives you a place to explain what happened, identify the questions that need attention, and discuss whether a legal claim may be available.

Botelho Law Group handles automobile accident, slip and fall, premises liability, product liability, and wrongful death matters through its co-counsel personal injury attorneys. Medical malpractice matters are referred to another law firm. For contingency fee cases, clients work with the co-counsel personal injury attorneys handling their matter.

We serve personal injury clients across Massachusetts. Consultations are available in English, Portuguese, and Spanish. You do not need a complete file or an insurance company’s decision before contacting us to ask about your situation.

What does a Massachusetts personal injury claim involve?

Many injury claims involve negligence: a failure to use the care the circumstances require. A claim generally needs proof of a duty of care, a failure to meet that duty, a causal connection to the injury, and resulting harm. An accident or an injury alone does not establish that another person is legally responsible.

The investigation may involve a driver, property owner, business, or another person or entity. Identifying the correct parties matters. So does separating what witnesses observed from assumptions about how the incident happened. Different legal standards can apply to different claims, including claims involving a product or a death.

A useful starting point is a clear account of the incident, the injury, and the treatment that followed. Tell the attorneys about earlier injuries or medical conditions as well as current symptoms. A complete account helps them understand what changed and what additional records may be needed.

What if you may share responsibility?

Massachusetts applies a modified comparative negligence rule to negligence claims. An injured person’s own negligence can reduce compensation; recovery is barred if that person’s negligence is greater than the combined negligence of the defendants against whom recovery is sought. In percentage terms, fault greater than 50% bars recovery under that rule; being exactly 50% at fault does not by itself bar recovery, but damages are reduced.

An insurer’s initial description of fault is not a reason to decide the issue on your own. Explain the facts, including anything that may be unfavorable, so the attorneys can evaluate the evidence and the law applicable to your claim.

A closer look at different injury cases

Car, truck, and motorcycle collisions

Collision claims can involve photographs, witness accounts, vehicle damage, medical records, and insurance policies. Commercial truck cases may also require attention to business records and the identities of the companies involved. Motorcycle injuries raise their own coverage questions, so do not assume that benefits available after a car crash apply in the same way to a rider.

Falls and unsafe property conditions

A fall investigation may consider the surface, lighting, stairs, maintenance, and what was known about a condition before the injury. Premises liability also includes other injury claims associated with property conditions. A photograph taken after repairs may tell a different story from a photograph taken immediately after the incident, which is one reason to preserve available evidence promptly and safely.

Injuries involving products

Keep the product, identifying labels, instructions, receipts, and any recall communications you already have. Avoid repairs, testing, or changes that could destroy information about its condition. Tell the attorneys if the product is held by an insurer, repair shop, employer, or another person so they can consider preservation steps.

Claims after a fatal injury

A wrongful death claim has rules concerning who brings the action and the losses that may be recoverable. In Massachusetts, the action is brought by the deceased person’s executor or administrator. Bring any estate papers you have, but do not delay an initial conversation because an appointment has not yet been completed.

Concerns about medical treatment

A disappointing medical outcome does not, by itself, establish malpractice. If your concern involves medical treatment, tell us the provider’s name, the approximate treatment dates, and what you believe went wrong. We refer these matters to another law firm for evaluation rather than presenting them as cases handled by Botelho Law Group’s personal injury co-counsel.

Insurance and PIP after a Massachusetts car accident

Massachusetts automobile insurance includes Personal Injury Protection, commonly called PIP. For eligible people and covered accidents, PIP can help pay certain medical expenses, a portion of lost wages, and qualifying replacement services without first establishing another driver’s fault. Coverage has limits, conditions, and exclusions; it does not pay every loss associated with an injury.

PIP benefits are generally subject to an $8,000 limit per injured person, with wage benefits generally limited to 75% of qualifying lost earnings. Health insurance, deductibles, and other benefits can affect payment. Motorcycles have different rules: operators and passengers injured while riding are generally outside the compulsory PIP protection provided for private passenger automobile occupants.

A claim for damages against another responsible party is a separate question. Massachusetts also places conditions on recovering pain-and-suffering damages in motor vehicle cases. An attorney can evaluate those conditions and any uninsured or underinsured motorist coverage that may be relevant. Bring the policies and correspondence you have rather than assuming that a single insurance payment resolves every part of your claim.

What compensation may cover

Depending on the claim and the proof, compensation may address reasonable medical expenses, lost earnings, diminished earning capacity, and pain and suffering. Future losses require support; they cannot simply be guessed. Keep records showing both the financial impact and changes in daily activities.

For example, a work record may show missed shifts, while treatment records explain restrictions on lifting or standing. A dated note about difficulties sleeping, driving, or completing household tasks can help you describe your experience accurately. Avoid exaggerating symptoms or assigning a dollar value to the case before the evidence has been reviewed.

Different claims have different damages rules, and a wrongful death claim is not calculated in the same way as a living person’s injury claim. No website can reliably tell you the value of your case. Liability disputes, available coverage, medical evidence, and other facts can affect both the claim and the amount ultimately available after authorized deductions.

How an injury matter may move forward

1. The first consultation

Explain where and when the incident happened, the injuries involved, the treatment received, and any contact from insurers or other attorneys. Bring your questions about fees, case costs, communication, and the next steps. The consultation is also an opportunity to discuss whether the matter fits the cases handled and whether further investigation is appropriate.

2. Investigation and preservation

If representation is accepted, the attorneys handling the case determine which records and evidence to obtain. Depending on the matter, that may include incident reports, photographs, witness information, medical records, and insurance documents. They can assess whether preservation requests or other steps are needed; a photograph or document you already have may help identify an important source of evidence.

3. Insurance claims and documentation

The claims process may involve identifying coverage, submitting records, answering requests, and documenting treatment and losses. Keep copies of correspondence and tell the attorneys when you receive new paperwork. Ask about deadlines in any notice rather than assuming that an open insurance claim extends the time to bring a lawsuit.

4. Negotiation and settlement decisions

A settlement discussion considers the evidence, legal issues, and proposed terms. A settlement release can end claims, so obtain advice about what it covers before signing. Ask how attorney’s fees, case costs, and any applicable reimbursement claims would affect the amount you receive; the amount offered and your net recovery may differ.

5. A lawsuit when appropriate

Some matters may require filing a lawsuit to pursue the claim or protect a deadline. Litigation can involve document exchanges, sworn testimony, motions, and possibly trial. Filing does not guarantee a trial or a recovery, and the time needed depends on the circumstances. Discuss the available choices and the reasons for a proposed step with the attorneys handling your case.

What to do after an injury

Your health comes first. Obtain appropriate medical care and follow the guidance of your treating professionals. When it is safe and practical, these steps can also help you prepare for a legal consultation:

• Write down the date, time, location, and your account of the incident while details are fresh. Separate what you saw from what someone else told you.
• Save photographs, video, and witness contact information already available to you. Keep original files when possible, and do not put yourself at risk to collect evidence.
• Preserve incident reports, claim numbers, letters, emails, and text messages. Note who contacted you and when.
• Keep medical paperwork, bills, receipts, and a list of providers. Record transportation or other injury-related expenses without assuming every expense will be recoverable.
• Collect employment records showing missed time and changes in earnings. Self-employed people can bring business records that help explain the impact on their work.
• Preserve a product or other physical evidence safely. Ask for advice before authorizing disposal or changes.
• Avoid posting details about the incident or claim on social media. Do not delete or alter existing potentially relevant material; ask the attorneys how to preserve it.
• Seek legal advice promptly about statements, authorizations, releases, and any deadline shown in correspondence.

You can contact the office before gathering every item. Tell us if records are missing or held by someone else. Do not postpone medical treatment or an initial legal conversation while trying to assemble a perfect folder.

How long do you have to act?

Massachusetts generally allows three years from the date a personal injury cause of action accrues to file suit, subject to exceptions. That general rule is not a deadline calculation for your situation. Different rules, notice requirements, or outside limits may apply depending on the claim and the parties involved.

Contact the office promptly, especially if a public entity may be involved, the injury involves medical treatment, a child was injured, or the incident happened some time ago. Evidence can also become harder to obtain before a filing deadline expires. Do not assume that insurance discussions, a pending referral, or a website inquiry has preserved your rights.

Attorney’s fees and case costs

For the personal injury contingency fee cases described on this page, there are no attorney’s fees unless money is recovered. Clients do not owe case costs unless there is a recovery.

Case costs are explained in your written fee agreement before we begin. Ask how the fee is calculated, what costs may be deducted from a recovery, and how any reimbursement obligations may affect the final amount you receive. The written agreement identifies the terms of representation and the attorneys involved. These statements concern attorney’s fees and case costs, not a promise that medical providers or other third parties will waive their bills.

Initial consultations are free. Medical malpractice matters are referred to another law firm, which explains its own representation and fee terms before you decide whether to retain it.

Serving clients across Massachusetts

Botelho Law Group PLLC is located at 901 Eastern Ave., Suite 2, Fall River, MA 02723. We serve personal injury clients throughout Massachusetts.

Personal injury consultations are available in English, Portuguese, and Spanish. Tell the office your preferred language when you contact us. For contingency fee matters, you work with our co-counsel personal injury attorneys. Ask who will handle your case and how to contact them so you understand the representation arrangement from the start.

Personal injury questions

Do I have to pay an attorney’s fee upfront?

For Botelho Law Group’s personal injury contingency fee cases, no attorney’s fees are owed unless money is recovered. Clients also do not owe case costs unless there is a recovery. The written fee agreement explains the calculation and any deductions from a recovery; medical malpractice referrals have terms explained by the receiving firm.

Who will handle my personal injury matter?

Clients in contingency fee cases work with Botelho Law Group’s co-counsel personal injury attorneys. Ask about the attorneys involved and their roles when discussing representation. Medical malpractice matters are referred to another law firm for evaluation.

Can I ask for a consultation before treatment is finished?

Yes, you can contact us while treatment is continuing. Bring the information you have and explain any upcoming appointments or unanswered medical questions. An initial conversation does not require a final medical prognosis or a complete set of records.

Can I still have a claim if the insurer says I was partly at fault?

An insurer’s position is something to review with the attorneys handling the matter. Massachusetts comparative negligence rules can reduce or bar recovery depending on the allocation of fault. Describe the incident fully so the evidence and the applicable rules can be evaluated.

How long do I have to file a Massachusetts injury lawsuit?

A three-year period generally applies to personal injury actions, but exceptions and other requirements can change the analysis. Do not rely on that general period to calculate your own deadline. Contact the office promptly and identify any notices or documents you have received.

Does every injury claim require a lawsuit?

Some claims are resolved through negotiation; others require court proceedings. Whether filing is appropriate depends on the facts, the response to the claim, and applicable deadlines. No settlement, trial result, or completion date can be promised.

What if I do not have all my documents?

You can still request a free initial consultation. Bring what you have, make a list of missing records, and explain where you believe they may be located. Do not delay contacting the office just because an incident report or medical bill has not arrived.

Do you serve clients across Massachusetts?

Yes. Botelho Law Group serves personal injury clients throughout Massachusetts. Consultations are available in English, Portuguese, and Spanish.

Related personal injury reading

These articles address questions you may want to discuss at a consultation. General educational information cannot determine your rights or deadlines.

• A checklist after a slip and fall
• Massachusetts personal injury deadlines and exceptions
• Steps in a Massachusetts personal injury claim
• What to do after a Massachusetts car accident