When To Sue Someone in Massachusetts for an Automobile Accident

In Massachusetts, you are entitled to seek damages for pain and suffering against the operator(s) of the other motor vehicle(s) involved when any one of the following criteria are met:

1. Death is caused;

2. A fractured bone is suffered;

3. Permanent and serious disfigurement is caused;

4. A "sense" is lost such as hearing, sight, taste or smell;

5. Loss of a body member is suffered;

6. Or, where your reasonable and necessary medical bills equal or exceed $2,000.

(Mass. Gen. Law Chapter 231: Section 6D.)

Proof of any one of the elements above typically require that you obtain your medical records from the institutions or individuals by whom you were treated as a result of the accident. Your attorney may obtain your medical records for you upon receipt of your written consent typically in the form of a Release. You may then decide with the advice and counsel of your attorney whether you should pursue your action against another party for damages.

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