Frequently Asked Questions

Personal Injury FAQ | Massachusetts & New Hampshire

If you have been hurt in an accident in Massachusetts or New Hampshire, you have questions. Below, the attorneys at Kiley Law Group answer the most common questions we hear from injured clients across both states, organized by case type. For more than 50 years, we have recovered over $1 billion in verdicts and settlements for accident victims, and our consultations are always free. Call Kiley Law Group today for a free case evaluation.

General Personal Injury

What is a personal injury claim?

A personal injury claim is a civil case brought by someone who was hurt because another person or company was careless or reckless. The goal of the claim is to recover money to cover medical bills, lost wages, pain and suffering, and other losses caused by the injury. In Massachusetts and New Hampshire, the at-fault party (or, more often, their insurance company) is responsible for paying these damages.

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

You have three years from the date of the injury to file a personal injury lawsuit in Massachusetts under M.G.L. c. 260, § 2A. New Hampshire has the same three-year deadline under RSA 508:4. If your case involves a government entity (such as the MBTA, a city, or the state), you must give written notice within two years under the Massachusetts Tort Claims Act, M.G.L. c. 258. Missing these deadlines can permanently bar your claim.

How much does it cost to hire a personal injury lawyer?

Nothing up front. Kiley Law Group handles every personal injury case on a contingency fee basis, which means you pay no attorney fees unless we recover money for you. We also advance the costs of investigating and litigating your case, including expert witnesses, court fees, and medical record retrieval. Initial consultations are always free.

What is a contingency fee?

A contingency fee is a percentage of your settlement or verdict that the lawyer receives only if you win your case. If we do not recover money for you, you do not pay attorney fees. This arrangement makes high-quality legal representation accessible to people who could not otherwise afford it, and it aligns our interests with yours.

Do I have to go to court for my personal injury case?

Most personal injury cases settle out of court, but some require a lawsuit and trial. Insurance companies are most likely to offer fair settlements when they know your attorney is willing and prepared to take the case to trial. At Kiley Law Group, we prepare every case as if it will go to trial, which puts us in the strongest possible position to negotiate.

What is my personal injury case worth?

The value of a personal injury case depends on the severity of your injuries, the cost of your medical care, your lost wages, the permanence of any disability, the at-fault party's insurance coverage, and how clearly fault can be established. Cases can range from a few thousand dollars for minor injuries to multimillion-dollar verdicts for catastrophic harm. The fastest way to get a realistic estimate is a free case review.

What if I was partially at fault for the accident?

You can still recover compensation in Massachusetts as long as you are 50% or less at fault, under M.G.L. c. 231, § 85. Your award is reduced by your percentage of fault. For example, if you suffered $100,000 in damages and were found 25% at fault, you would recover $75,000. New Hampshire follows the same modified comparative fault rule under RSA 507:7-d.

What if the at-fault party has no insurance?

You may still have options. In car accident cases, your own uninsured/underinsured motorist (UM/UIM) coverage typically pays. In premises and dog bite cases, homeowner's or renter's insurance often covers the claim. In some cases, a personal lawsuit against the individual or business is possible. We investigate every potential source of recovery on every case.

How long does a personal injury case take to resolve?

Most personal injury cases resolve within 6 to 18 months, but complex or catastrophic cases can take longer. Settling too quickly is one of the biggest mistakes injured people make, because you cannot accurately value your claim until you have reached maximum medical improvement and know the full extent of your injuries.

What types of damages can I recover?

You can typically recover both economic and non-economic damages, which include current and future medical expenses, lost wages, reduced earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, property damage, and loss of consortium for spouses and family. In rare cases involving egregious conduct, punitive damages may also be available.

Should I accept the insurance company's first offer?

Almost never. The first offer is a starting point designed to settle your case quickly and cheaply, often before the full extent of your injuries is known. An experienced personal injury lawyer can evaluate the offer against the realistic value of your case and negotiate or litigate for substantially more.

Do I need a lawyer if my injuries seem minor?

Even minor injuries can have lasting consequences, and what feels minor today can require months of treatment. Insurance companies use minor-injury claims to lock in low settlements before symptoms fully develop. A free consultation costs you nothing and lets you make an informed decision.

Car Accidents

Is Massachusetts a no-fault state for car accidents?

Yes. Massachusetts is a no-fault auto insurance state, which means your own insurance pays your initial medical bills and lost wages regardless of who caused the crash. This benefit is called Personal Injury Protection (PIP) and provides up to $8,000 in coverage under M.G.L. c. 90, § 34M. New Hampshire, in contrast, is an at-fault state where you can pursue the at-fault driver's insurance directly.

What does PIP cover after a Massachusetts car accident?

PIP covers reasonable medical expenses, 75% of lost wages if you cannot work, and replacement services for household tasks you can no longer perform. The standard limit is $8,000, but only the first $2,000 of medical expenses is paid before your private health insurance becomes the primary payer. PIP applies to drivers, passengers, pedestrians, and cyclists hit by a Massachusetts-insured vehicle.

When can I sue the at-fault driver in Massachusetts?

You can step outside no-fault and sue the at-fault driver if your case meets the tort threshold under M.G.L. c. 231, § 6D. This includes reasonable medical expenses exceeding $2,000, a broken bone, substantial scarring or disfigurement, loss of sight or hearing, or death. Once the threshold is met, you can recover full pain and suffering damages.

What if my car accident happened in New Hampshire?

New Hampshire is an at-fault (tort) state, so you can pursue a claim against the at-fault driver's liability insurance from day one. New Hampshire does not require drivers to carry auto insurance, though most do under the state's financial responsibility law. This makes uninsured motorist coverage especially important if you live in or drive through New Hampshire.

What should I do at the scene of a car accident?

Call 911, get medical attention, and document everything. Photograph the vehicles, the scene, skid marks, traffic signals, and your visible injuries. Get the names and phone numbers of every witness. Exchange insurance information with the other driver, but do not discuss fault. Then call a lawyer before giving any recorded statement to the other driver's insurance company.

Should I give a recorded statement to the other driver's insurance company?

No, not before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that lock in answers they can later use to reduce or deny your claim. You are not legally required to give a recorded statement to the at-fault driver's insurer.

What if the driver who hit me fled the scene?

You can typically recover under your own uninsured motorist (UM) coverage, which is required on every Massachusetts auto policy under M.G.L. c. 175, § 113L. File a police report immediately and try to capture any details (vehicle description, partial plate, direction of travel) before they fade. Your attorney can also subpoena nearby surveillance footage and traffic cameras.

Do I need a police report after a car accident in Massachusetts?

Massachusetts law requires you to file a written crash report (the Operator's Report of Motor Vehicle Crash) with the RMV within five days if the accident caused injury, death, or more than $1,000 in property damage, under M.G.L. c. 90, § 26. A police report is also strongly recommended at the scene, because it creates a contemporaneous record that supports your version of events.

Can I recover for pain and suffering after a Massachusetts car accident?

Yes, if your case meets the tort threshold under M.G.L. c. 231, § 6D. Pain and suffering covers physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and the long-term impact of your injuries. There is no cap on pain and suffering damages in Massachusetts car accident cases.

How long do I have to file a car accident claim in Massachusetts?

You have three years from the date of the crash to file a personal injury lawsuit, under M.G.L. c. 260, § 2A. Wrongful death claims also have a three-year deadline under M.G.L. c. 229, § 2. Shorter notice deadlines apply if a government vehicle was involved.

Trucking Accidents

How are trucking accident cases different from regular car accident cases?

Trucking cases involve federal regulations, multiple potentially liable parties, and far more complex evidence than typical car accidents. Commercial trucks are governed by Federal Motor Carrier Safety Administration (FMCSA) rules covering driver hours of service, vehicle maintenance, cargo loading, and driver qualifications. The damages are also typically higher because trucks weigh up to 80,000 pounds and cause devastating injuries.

Who can be held liable in a Massachusetts trucking accident?

Liability can extend well beyond the truck driver. Potentially responsible parties include the driver, the trucking company, the truck's owner, the company that loaded the cargo, the maintenance contractor, and even the manufacturer of a defective truck part. Identifying every liable party is critical to maximizing your recovery, because each carries its own insurance.

What federal regulations apply to commercial truck drivers?

Commercial truck drivers and trucking companies must comply with the Federal Motor Carrier Safety Regulations (FMCSRs) found in 49 CFR Parts 350-399. These rules cover hours of service, drug and alcohol testing, driver licensing, vehicle inspection and maintenance, and cargo securement. Violations of these rules are powerful evidence of negligence.

What is "black box" data and why does it matter in a truck accident case?

Most commercial trucks are equipped with an Electronic Logging Device (ELD) and an Event Data Recorder (EDR), often called the "black box." These devices record speed, braking, hours driven, sudden stops, and other data that can prove fault. This evidence can be overwritten or destroyed quickly, which is one reason it is critical to hire a truck accident attorney as soon as possible.

How quickly do I need to act after a truck accident?

As fast as possible. Trucking companies often have rapid-response investigation teams on the scene within hours, working to protect their interests. Your attorney needs to send a spoliation letter to preserve electronic data, driver logs, maintenance records, and the truck itself before evidence disappears.

What injuries are most common in trucking accidents?

Because of the size and weight of commercial trucks, injuries are typically severe and often catastrophic. Common injuries include traumatic brain injuries, spinal cord injuries and paralysis, multiple fractures, internal organ damage, severe burns, amputations, and wrongful death. Many truck accident victims face lifelong medical needs.

How long do I have to file a truck accident lawsuit in Massachusetts?

The same three-year statute of limitations applies under M.G.L. c. 260, § 2A. New Hampshire also follows a three-year deadline under RSA 508:4. Because evidence in trucking cases disappears so quickly, you should not wait anywhere near three years to consult an attorney.

Why do I need a lawyer who specifically handles truck accidents?

Trucking cases require knowledge of federal regulations, commercial insurance policies (which often have minimum coverage of $750,000 to $5 million under federal law), and complex liability theories. A general practice lawyer who occasionally handles truck cases will not have the same depth of experience or expert network as a firm that focuses on serious personal injury and catastrophic crashes.

Motorcycle Accidents

Does Massachusetts no-fault insurance cover motorcycles?

No. Motorcycles are excluded from PIP coverage under Massachusetts law, which means injured motorcyclists do not have the same automatic medical benefits as drivers and passengers in cars. This is a significant difference and one of the reasons motorcyclists need experienced legal representation. You can pursue the at-fault driver's bodily injury liability coverage directly without meeting the tort threshold.

Do I have to wear a helmet in Massachusetts?

Yes. Massachusetts law requires all motorcycle operators and passengers to wear a helmet that meets U.S. Department of Transportation standards under M.G.L. c. 90, § 7. New Hampshire does not have a universal helmet law for adult riders, only for those under 18. Failing to wear a helmet does not automatically prevent recovery, but it can affect comparative fault if your injuries would have been less severe with one.

Are motorcyclists treated unfairly by juries and insurance companies?

Sometimes. Many adjusters and jurors carry biases that motorcyclists are reckless or partly to blame, even when they are clearly the victim. An experienced motorcycle accident attorney knows how to counter these biases with evidence, expert testimony, and careful case framing. Our firm has handled motorcycle cases for decades and knows how to overcome rider stereotypes.

How is fault determined in a motorcycle accident?

The same negligence principles apply to motorcycle crashes as to car crashes. We investigate the scene, collect witness statements, review police reports, examine the vehicles, retrieve traffic camera footage, and work with accident reconstruction experts when needed. Common causes of fault include drivers turning left across a motorcycle's path, drivers failing to check blind spots, and drivers following too closely.

What if I wasn't wearing a helmet when I was hit?

You can still recover compensation, but the at-fault driver's insurer will likely argue your head and neck injuries are partly your fault. Massachusetts and New Hampshire both apply modified comparative fault, so your recovery would be reduced by your percentage of fault. An experienced attorney will fight hard to limit any reduction to injuries actually caused by the lack of a helmet.

What injuries are most common in motorcycle accidents?

Because motorcycles offer so little protection, injuries are typically severe. Common injuries include traumatic brain injuries (even with a helmet), spinal cord injuries, road rash and severe burns, broken bones, internal injuries, amputations, and wrongful death. Many motorcycle injuries result in long-term or permanent disability.

Is lane-splitting legal in Massachusetts?

No. Lane-splitting (riding between lanes of stopped or slow-moving traffic) is illegal in Massachusetts. If you were lane-splitting at the time of the crash, the insurance company will use that against you, but it does not necessarily bar your recovery if the driver was also at fault.

What if I was hit by a car door opening (a "dooring")?

Under Massachusetts law, M.G.L. c. 90, § 14, a person who opens a car door into traffic without first checking for oncoming vehicles or cyclists can be held liable for any resulting crash. Dooring claims are common in Boston, Cambridge, and other dense urban areas. The driver or passenger who opened the door is typically responsible.

Dog Bites and Animal Attacks

What is Massachusetts's dog bite law?

Massachusetts is a strict liability state for dog bites under M.G.L. c. 140, § 155. This means the owner or keeper of a dog is liable for any damage the dog causes, regardless of whether the dog has bitten before or whether the owner had any reason to believe the dog was dangerous. You do not have to prove the owner was negligent.

Who is liable when a dog bites someone?

Both the legal owner and any "keeper" of the dog can be held liable under Massachusetts law. A keeper is anyone who has custody and control over the dog at the time of the attack, such as a dog walker, pet sitter, friend, or family member watching the animal. In some cases, landlords can also be liable if they knew about a dangerous dog on their property and failed to act.

Do I have to prove the dog had bitten someone before?

No. Massachusetts is a strict liability state, which means the "one bite rule" does not apply. The owner or keeper is liable for the first bite as well as every bite after, as long as you were not trespassing, committing another tort, or teasing or tormenting the dog at the time.

What are the exceptions to Massachusetts strict liability for dog bites?

The owner is not liable if you were trespassing, committing another tort, or teasing, tormenting, or abusing the dog at the time of the attack, under M.G.L. c. 140, § 155. There is also a presumption that children under seven years old were not engaged in any of these activities, which makes child dog bite cases especially strong.

What is New Hampshire's dog bite law?

New Hampshire is also a strict liability state under RSA 466:19. The owner or keeper is liable for any damage caused by the dog, with similar exceptions for trespass and provocation. Both states make recovery much more accessible than the "one bite" rule that applies in many other states.

Does homeowner's insurance cover dog bite claims?

In most cases, yes. Homeowner's and renter's insurance policies typically include liability coverage for dog bites, with limits ranging from $100,000 to $500,000 or more. Some insurers exclude certain breeds or require disclosure of the dog. Even if the dog's owner is a friend or family member, the claim is filed against their insurance, not against them personally.

Can a landlord be sued for a tenant's dog?

Sometimes. Massachusetts law allows a landlord to be held liable if the landlord knew the dog was dangerous and had the ability to remove the dog from the property but failed to do so. These cases require a careful investigation into the landlord's prior knowledge of the dog's behavior.

What damages can I recover after a dog bite in Massachusetts?

You can recover medical expenses (including emergency care, plastic surgery, and follow-up treatment), lost wages, pain and suffering, emotional distress, scarring and disfigurement, and the cost of mental health treatment for trauma. Children often suffer significant emotional consequences from dog attacks, including PTSD and lasting fear of dogs, which are compensable.

How long do I have to file a dog bite claim in Massachusetts?

You have three years from the date of the bite under M.G.L. c. 260, § 2A. If the victim is a minor, the statute of limitations is generally tolled until they turn 18, giving them until age 21 to file. New Hampshire also follows a three-year deadline under RSA 508:4.

Premises Liability and Slip-and-Falls

What is premises liability?

Premises liability is the legal principle that property owners and occupants have a duty to keep their property reasonably safe for visitors. When a property owner fails to fix or warn about a dangerous condition and someone gets hurt, they can be held liable for the injuries. Premises liability covers everything from slip-and-falls in stores to inadequate security at apartment complexes.

What kinds of accidents qualify as premises liability cases?

Common premises liability cases include slip-and-falls on wet floors or icy sidewalks, trip-and-falls on uneven walkways or torn carpet, falls down poorly lit stairs, injuries from falling objects, swimming pool accidents, dog attacks (see above), inadequate security leading to assault, and injuries from broken railings or rotted decks. Any unsafe condition the owner knew or should have known about can support a claim.

What duty does a property owner owe to visitors in Massachusetts?

Massachusetts uses a unified "reasonable care" standard for all lawful visitors, meaning property owners must exercise reasonable care to keep the premises safe regardless of whether the visitor is a customer, social guest, or invitee. This standard comes from the case Mounsey v. Ellard. Trespassers are owed a more limited duty, generally not to engage in willful or wanton conduct that could cause injury.

What about slip-and-falls on snow and ice in Massachusetts?

Property owners are responsible for snow and ice on their property under Massachusetts law. The Massachusetts Supreme Judicial Court abolished the old "natural accumulation" rule in Papadopoulos v. Target Corp. (2010), which means owners can now be held liable for failing to remove snow and ice that posed an unreasonable risk. This makes slip-and-fall claims against property owners much more viable in Massachusetts winters.

What if I was a trespasser when I got hurt?

Trespassers are owed a more limited duty of care, but property owners cannot create deliberately dangerous conditions or fail to warn of known hidden dangers. Children who trespass are protected under the "attractive nuisance" doctrine, which holds owners responsible for unguarded conditions like swimming pools, abandoned appliances, or construction sites that attract children.

What if I slipped in a store?

Slip-and-fall cases against retail stores, supermarkets, restaurants, and other businesses are common premises liability claims. To recover, you generally need to show that the store knew or should have known about the dangerous condition and failed to fix it or warn customers. Surveillance footage, incident reports, and inspection logs are critical evidence.

What is the "open and obvious" defense?

Property owners sometimes argue that a hazard was so obvious that a reasonable person would have seen and avoided it, eliminating their duty to warn. Massachusetts courts have limited this defense, particularly when the owner could foresee that someone might be distracted or unable to avoid the hazard. The defense rarely defeats a strong claim outright, but can affect comparative fault.

How long do I have to file a premises liability claim in Massachusetts?

You have three years from the date of the injury under M.G.L. c. 260, § 2A. Claims against the Commonwealth, cities, or towns require written presentment within two years under the Massachusetts Tort Claims Act, M.G.L. c. 258. Snow and ice cases carry a separate, much shorter notice rule under M.G.L. c. 84, § 21: written notice must be given to the property owner within 30 days of the injury. Failure to give that notice is not an automatic defense, but it can become one if the owner can show they were prejudiced by the delay.

What if I was injured at a friend or family member's home?

Filing a claim against a friend or relative feels uncomfortable, but the claim is actually filed against their homeowner's or renter's insurance, not against them personally. Insurance is exactly what these policies are designed for. Most policy holders prefer that injured guests file claims rather than absorb medical bills out of pocket.

Catastrophic Injuries

What qualifies as a catastrophic injury?

A catastrophic injury is a severe injury that causes long-term or permanent disability and dramatically alters the victim's life. Common examples include traumatic brain injuries, spinal cord injuries and paralysis, severe burns, amputations, multiple fractures requiring surgery, blindness or significant vision loss, and severe disfigurement. These cases involve far higher damages than typical injury claims because the losses extend across the victim's entire remaining life.

How is the value of a catastrophic injury case calculated?

Catastrophic injury damages include lifetime medical care, future surgeries, in-home nursing or attendant care, adaptive equipment, home modifications, lost earning capacity over the victim's working life, pain and suffering, loss of enjoyment of life, and loss of consortium for spouses and children. Calculating this value requires medical experts, life care planners, and vocational economists. Cases regularly involve millions of dollars in lifetime damages.

What is a life care plan and why does it matter?

A life care plan is a comprehensive document prepared by a certified life care planner that maps out every medical and support need the injured person will face over their remaining lifetime. It includes physician visits, surgeries, medications, therapy, equipment, in-home care, transportation, and home modifications, with projected costs for each. Life care plans are essential evidence for proving the true value of a catastrophic injury case.

Who pays for the lifetime medical care of a catastrophically injured person?

The at-fault party's insurance ideally covers it, but insurance limits are often inadequate for catastrophic cases. We pursue every available source of recovery, including primary policies, umbrella policies, employer coverage, and uninsured/underinsured motorist coverage in vehicle cases. In trucking and commercial cases, multiple defendants often mean multiple insurance policies.

Can family members recover damages in a catastrophic injury case?

Yes. Spouses can recover for loss of consortium, which compensates for the loss of companionship, affection, and support. Children can recover for loss of parental consortium when a parent is catastrophically injured. In wrongful death cases, M.G.L. c. 229, § 2 allows surviving family members to recover for the loss of the deceased's earnings, services, companionship, and reasonable funeral and burial expenses.

How does a traumatic brain injury (TBI) affect my case?

Traumatic brain injuries can range from mild concussions to severe, life-altering damage, and they often produce symptoms that are not visible on standard imaging. Cognitive deficits, memory problems, mood changes, and personality changes can devastate a person's career, relationships, and independence. We work with neurologists, neuropsychologists, and life care planners to fully document TBI impacts.

What if my loved one died from their injuries?

You may be entitled to file a wrongful death claim under M.G.L. c. 229, § 2. The personal representative of the estate brings the claim on behalf of the surviving family, and recoverable damages include lost earnings the deceased would have provided, lost services and companionship, conscious pain and suffering before death, and reasonable funeral and burial expenses. Punitive damages may also be available if the death was caused by gross negligence.

How long does a catastrophic injury case take?

These cases typically take longer than standard injury claims, often two to four years or more, because the full extent of the injuries needs time to develop and stabilize before settlement. Settling too quickly almost always means leaving substantial money on the table. We prepare every catastrophic case for trial, which gives us the leverage to negotiate the strongest possible settlement.

Why is it especially important to have an experienced lawyer for a catastrophic injury case?

The stakes in catastrophic cases are enormous, often involving millions of dollars in lifetime needs. Insurance companies bring their best defense lawyers, expert witnesses, and adjusters to these cases. You need an attorney with the experience, financial resources, and expert network to match. Kiley Law Group has handled catastrophic injury cases for over 50 years and has recovered more than $1 billion for our clients.

Still Have Questions? Let Us Help.

Every personal injury case is different, and the answers above are general legal information, not advice tailored to your specific situation. The best way to understand your rights is a free, confidential conversation with an experienced Massachusetts personal injury lawyer.

Call Kiley Law Group today for a free consultation.

Our consultations are always free, we answer calls 24/7, and you pay nothing unless we recover money for you. We serve clients throughout Massachusetts and New Hampshire, including Boston, Andover, Lawrence, Lowell, Haverhill, Methuen, Peabody, Worcester, Cambridge, and the entire Merrimack Valley and Seacoast region.

This page is for general informational purposes only and does not constitute legal advice. Massachusetts and New Hampshire law cited includes M.G.L. c. 90 §§ 7, 14, 26, and 34A; M.G.L. c. 140 § 155; M.G.L. c. 175 § 113L; M.G.L. c. 229 § 2; M.G.L. c. 231 §§ 6D and 85; M.G.L. c. 258; M.G.L. c. 260 § 2A; M.G.L. c. 84 § 21; RSA 466:19; RSA 507:7-d; and RSA 508:4. Federal trucking regulations cited are found at 49 CFR Parts 350-399. Laws change. Consult a licensed Massachusetts or New Hampshire attorney for advice specific to your situation.