Auto Accidents

It can be:

  • Car accident
  • Motorcycle accident
  • Bike accident
  • Truck accident
  • Running over
  • Taxi, Uber or Lyft crash

If you have been a victim of an accident, regardless of being the driver, passenger or pedestrian, you may be entitled to a compensation. The amount will depend on the particularities of each case, whether there was personal injury or only property damages, for example.

Workers compensation

Employees who suffer some type of injury while at work, or who have a related mental or physical disability (occupational disease), are eligible for Massachusetts Workers' Compensation benefits.

Immigration

Our lawyer Danilo Brack defends his rights before:

For immigration cases, we have a specialized office focused in this area in order to provide the best service to our customers. At BRACKLaw, immigration practice includes status adjustments through family petitions, asylums, DACAs, removals stays, appeals and naturalizations. We will also represent you before ICE and the Immigration Court in your removal case, seeking the best possible alternative for you and/or your loved ones.


Frequently Asked Questions

1What to do at the time of a car accident?
Just follow these seven steps: 1. Stay calm; 2. Make sure everyone inside the car is okay; 3. Get the phone or camera right away and take photos of everything from different angles; 4. Never admit guilt, even to the police; 5. Get all the information from the other driver; 6. Look for witnesses and take their contact information; 7. Do not call the insurance company - first call PROCON (857) 415-2200 for further guidance.
2What rights does the victim have in case of a car accident?
- Medical treatment - Compensation - Repair or replacement of the vehicle - Car rental - Reimbursement of unworked days
3Who is entitled to medical treatment?
All passengers and, if not guilty, the driver.
4Who is entitled to the repair of the car or the replacement of the car?
- Whoever has full insurance in your policy - Whoever is not guilty of the accident
5Who is entitled to a car rental?
- Whoever has full insurance in your policy - Whoever is not guilty of the accident
6Who is entitled to the reimbursement of working days?
Everyone inside the vehicle, whether or not guilty.
7Does the price of my car insurance go up if any passenger or driver does medical treatment?
No, because the state of Massachusetts operates through the "no-fault" system. In other words, regardless of fault or not, everyone is entitled to medical treatment paid for the insurance of the vehicle involved in the accident. The insurance only rises as a result of points in the driver's license.
8Who pays the hospital bills?
The hospital bill is always paid by the insurer of the vehicle in which the victim was at the time of the accident.
9Do I need authorization from the car owner to receive medical treatment?
No. Medical treatment is a right for everyone, passengers and driver.
10If guilty, is the driver entitled to a compensation?
No.
11When is the driver entitled to a compensation?
Only when he is not found guilty of the accident.
12What determines the payment of a compensation in cases of car accident?
Any victim who has suffered an injury and who is suffering pain or suffering as a result of the accident is entitled to compensation.
13When is the driver entitled to a compensation?
Any driver found not guilty who is feeling pain because of the accident.
14When is the passenger entitled to a compensation?
The passenger is always considered a victim. Being the victim,they are never to blame for the accident, ie if you are feeling any pain caused by the accident, you may be entitled to compensation.
15I had an accident at work but I do not have any documents. What now?
There is no difference between the worker who has documents and the one who doesn’t. Both have rights and protection regardless of their immigration status.
16What are the consequences of driving without insurance in the car?
First, if you drive in the United States, you have to have insurance on your vehicle. It's the law. Second, you will have to pay more for insurance if you have ever been caught driving previously. The first thing that happens is if you are stopped in traffic by a police officer for being at high speed (or any other offense), or for engaging in an accident along with all other fines, you will still have to pay more for driving uninsured in the car, and if it's in Massachusetts, the penalty can range from U$500 to U$5,000. Your driver's license may also be suspended until you can prove that you have already purchased insurance for your car and will also have to pay to have your license reinstated. The suspension time varies from the requirements imposed by your state. What's even worse is that after a few suspensions, you can lose your license indefinitely and, because you were taken uninsured once, to buy a new insurance, you will pay much more. Depending on the case, to prevent you from continuing driving without insurance, the police can have your car towed even if you haven’t gotten involved in an accident before; if you are stopped for driving at high speed, or even for not using arrows when turning, you may have the car towed for not having insurance. The car can not be taken out until you prove you have bought insurance for your vehicle. In addition to having to bear all the towing costs and fees, you have the risk of losing your car, since after 72 hours in some states, lots of towing companies already have the right to sell the vehicles in auctions and such vehicles can be sold within 10 days. Police prevent uninsured drivers from getting their vehicles because they can cause accidents and are unable to pay for the repairs and expenses of the victims. And lastly, in the event of an uninsured accident, you would have to pay the costs of the accident yourself if you are found guilty, and if you can not afford to pay, the other driver may file a suit against you. In addition to the accident rates, there will still be court fees and lawyers to take care of the case. According to statistics, in Massachusetts, less than 4% of drivers drive uninsured, while in other states such as Oklahoma, for example, more than 26% of drivers do not have vehicle insurance. Massachusetts uses a "passive monitoring" type that consists of knowing if the driver has insurance on the vehicle during renewal of the vehicle registration, after accidents, or during stops by police in transit. The best way to avoid such complications is to have insurance on your vehicle.
17What happens if I get caught driving without a driver's license?
No one who is caught driving without a license for the first time will experience serious complications unless they have in his record other pending crimes or arrest warrants to comply with. The American states classify driving without a driver's license as a contravention of the law, which may be punishable by fines, in some cases small community service time, or, on rare occasions, a period of time in jail. Fines can vary from state to state and are typically U$100 up to U$1,000.
18Passenger in an accident involving a single car, what to do?
If your accident involved only one car (for example, hitting the car in a tree), the passenger of the car must fill out a form called Passenger Injury Protection, known as PIP, so that the insurance company of the driver who is found guilty in the case can afford the medical treatment and expenses of the passenger. Remember: in cases of accidents, whether involving one or more cars, passenger is always the victim. What can change is the procedure to be followed, depending on the case.
19What is the no-fault regulation of vehicle insurers?
The term "no-fault" is used to describe programs proposed by vehicle insurers that allow customers to recover material losses insured from their own insurer, regardless of whether or not they are guilty of the car accident. This customer benefit is called Personal Injury Protection, or PIP. Massachusetts is considered a state that applies no-fault regulation, but as such regulation is dependent on the laws of a state, not all American states use it. Currently, 12 states and Puerto Rico have "no-fault" regulations by vehicle insurers. They are: Florida, Michigan, New Jersey, New York, Pennsylvania Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah.
20Why insurance companies still don’t require the use of DASH CAMS in the car?
"Oh, if I had recorded a video," you probably already thought that after you had a car accident or suffered a crash from another driver on your rear. Most car insurers have not yet established a policy of accepting the use of camera-recorded images inside the vehicles during a car accident as a visual proof of the incident or do not even offer discounts on the policy's value for using a dash cam. The most likely reason for this is that these insurers are still not sure if the video evidence brought by these cameras will benefit them or not, since you never know for sure what will hurt the case or vice versa. But in 2017, Americans bought 237,000 of those cameras, and sales are projected to increase to as much as 285,000 units by the end of 2018. Why? Because drivers are beginning to realize that while insurers are trying to protect themselves, they also need to behave the same way. What's more, video images are more complete proof of using only photographs. That way, the cameras work even better to ensure that you receive your deserved compensation.
21What if my injuries do not show up right after the accident?
Even if you feel good, seek a doctor right after the accident. The doctor is in the best position to determine if you have suffered an injury or not, as well as to advise you on how to monitor the symptoms of possible injuries that may occur. It is always a good idea to consult a doctor right after the accident, especially if you will end up making an injury claim later. In personal injury cases, it is very important to document that you sought medical treatment after the accident.
22What if I get involved in an accident with a truck?
In a crash involving trucks, people in smaller vehicles are most at risk. If it happens to you, stay calm, never admit guilt, seek medical attention even if there are no apparent injuries, and remember to take pictures and exchange information with drivers and witnesses. In many cases of truck accident, lawsuits are brought against the trucker's employer and not the truck driver itself. Find a lawyer to help you understand your rights and fight for them!
23What is a property damage case?
It is when there is damage to personal property through the negligence of another person, willful destruction or by some act of nature. For example, in a car accident case. It is good to know: in legal actions for damages caused by negligence or willful act, property damages are differentiated from personal injury. The amount of recovery for material damages can be established by evidence of replacement value, cost of repairs, loss of use, etc. When in doubt, it is always good to hire a specialized lawyer to take care of your case.
24What is a personal injury case?
It is a legal dispute that begins when a person is the victim of an accident caused by another person, making that person legally responsible for the accident. Car accidents are included in this.

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