Car Accident Attorney Massachusetts 

Although most auto accident issues will be settled out of court, a car accident attorney Massachusetts will be a helpful asset in dealing with another party.  A car accident attorney Massachusetts will help you pursue your claims against the other party as well as counter possible claims they may make against you.  If the matter becomes a civil court matter, the car accident attorney Massachusetts will be able to prepare a case against the other party and help you collect damages if necessary.

What to tell your attorney
Leaving the scene of the accident is a criminal offense and can be used as an admission of liability.  Never leave the scene of an accident.  You should also never admit liability at the scene of the accident.  Even if you believe you were at fault, you may not know the entire circumstances of the accident or statements the other party in the accident has made that might affect your case.  An admission of liability on your part will effectively end your case and you will be forced to limit damages rather than refuting the claims against you.

When meeting with your car accident attorney Massachusetts, you must bring insurance information, medical records (if there was injury sustained) and police reports.  This will help the car accident attorney Massachusetts build a case or at least have a better idea of the circumstances related to the accident.

Ensure that you understand the fee arrangement and how the car accident attorney Massachusetts intends to proceed with the case.  Ask for clarification if necessary as this will prevent unnecessary disputes in the future.


Where to look for an attorney
The Massachusetts Bar Association maintains a directory of its members and you may use this directory to find a car accident attorney Massachusetts.  There is also a lawyer referral service that screens and connects clients to participating Massachusetts attorneys.  Local bar associations, such as the Boston Bar Association will also have lawyer referral services that serve the area.  Car accident attorneys Massachusetts that are members of bar associations will abide by that organization’s code of ethics and professional responsibility, which ensures you will be getting a quality attorney.

You may use this website to find an attorney.  To do so, use the search box on top of all pages.  You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.


Is comparative negligence a factor in my case?
Comparative negligence refers to laws that reduce awards by a factor of how negligent the plaintiff was in the actions that caused the injury.  Massachusetts is a state with modified comparative negligence, also known as the 51% rule.  Any individual that has their share of negligence in an accident exceeds 51% cannot collect damages from the other party.  If the liability is less than 51%, then the jury award will be reduced by the percentage of negligence.  For instance, if Party A, by virtue of speeding is found 30% at fault for an accident, then any jury award they receive from Part B will be reduced by 30%.

A car accident attorney Massachusetts will help you estimate negligence on your part using police reports and other testimony.  The final determination of negligence will be made in court.


Personality & Values
Determine with your car accident attorney Massachusetts if you intend to pursue the case to trial or if you intend to pursue the best possible settlement.  Avoid being pushed toward a quick settlement unless there is a definite chance that you will not win at trial and the other party refuses to negotiate.  Even then, you and your car accident attorney Massachusetts should discuss any settlement offers at length.

Determine the extent that you and your car accident attorney Massachusetts will communicate through the duration of the legal matter.  Also, determine if there will be fees charged for communication through email or the telephone.  Some law offices will charge these fees, although this is not a common practice.  If you face undue hardship in contacting your attorney, this may jeopardize your case.


Rates, Fees & Retainers
You should be able to get all fees in writing from a reputable attorney.  Be aware of unreasonable fees, illegal activity or coercion on the part of the car accident attorney Massachusetts.  State and local Bar Associations will maintain dispute resolution and grievance services for clients that have issues with their car accident attorney Massachusetts.

A contingency fee is a percentage of the award that the accident lawyer is entitled to claim if they win the case.  Nearly all accident lawyers accept cases on this basis and this fee is sometimes (but not always) lower when the case is settled out of court, as it saves the attorney’s time.  Massachusetts does place limits on contingency fees and those fees are as follows:
-  Not exceeding 40% of first $150,000

-  33.33% of next $150,000

-  30% of next $200,000 

-  25% of any award over $500,000.

You may be asked to set up a retainer account.  The attorney will bill hourly and flat fees to this account as per the fee agreement.  The car accident attorney Massachusetts can request that the retainer be refilled at any time, meaning that this arrangement can become expensive quickly.  You will generally not need a retainer in an auto accident case due to the propensity for attorneys to work on contingency.


Interviewing your attorney
The following questions are important when interviewing your attorney:

In your opinion, am I liable in this case?

What is the possibility that we can settle out of court? 

Do you accept a lower contingency fee for out of court settlements?

Does my share of the negligence prevent me from collecting damages?

What fees do I pay for using you legal services?  Can I have that in writing?

Are you willing to go to trial?

Can I contact you directly if there is a problem?

Can you allow me to examine your credentials?

What is your experience with auto accident law, specifically my circumstances?

If you cannot handle my case, can you refer me to a lawyer that can?