Filing a Personal Injury Claim After a Bus Accident in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
After a bus accident in Massachusetts, you may recover compensation if the bus operator or another party caused your injuries through negligence. Follow these steps to file a successful personal injury claim:
- Seek Medical Treatment
Get prompt medical attention. Your health and a clear medical record strengthen your claim. - Report the Accident
Notify law enforcement and obtain a police report. If a public bus (like an MBTA bus) was involved, report the crash to the Massachusetts Bay Transportation Authority. - Preserve Evidence
Take photos of the scene, your injuries, and any damage. Get contact information for witnesses. - Understand Notice Requirements
If you sue a public entity—such as the MBTA—you must provide written notice within two years of the accident. See Massachusetts Tort Claims Act, M.G.L. c. 258, §4 (link). - Be Aware of the Statute of Limitations
In most negligence cases, you have three years from the date of injury to file suit under M.G.L. c. 260, §2A (link). - Calculate Comparative Fault
Massachusetts follows a modified comparative negligence rule. If you are less than 51% at fault, you can recover damages, reduced by your percentage of fault. - Consult an Attorney
An experienced personal injury lawyer can guide you through negotiations or court proceedings and help protect your rights. - File Your Claim
Your attorney will prepare and file a complaint in the appropriate Massachusetts court. If you settle, you may dismiss the lawsuit once you receive fair compensation.
Helpful Hints
- Document every medical visit and expense.
- Keep a journal of pain levels and recovery milestones.
- Save correspondence with insurers and the bus company.
- Don’t sign any release before consulting your lawyer.
- Review your policy for uninsured/underinsured motorist coverage.
- Act quickly to meet notice and filing deadlines.
- Ask potential attorneys about contingency fee structures.