Aside from your recovery of medical expenses and lost wages under the personal injury protection coverage of the applicable insurance policy, you may be entitled to make a claim for pain and suffering if you are injured as a result of someone's negligent operation of a motor vehicle. To qualify, you must have sustained serious injuries. In other words, under Massachusetts law, your injuries must involve:

• death;
• loss of whole or part of body member;
• a fracture;
• permanent and serious disfigurement;
• loss of one of the bodily senses, i.e., sight, hearing; or
• medical treatment costing in excess of $2,000.00 related to your accident.

If you are seriously injured, you should consult an attorney experienced in the administration of claims and the litigation of motor vehicle accident cases.

If you are involved in an automobile accident, Massachusetts law provides a number of rights, benefits and procedures that affect how you recover for any losses or injuries you sustain. Your rights are governed by both statute and your insurance policy, the terms of which are often difficult to interpret. Your rights involve possible claims against the person who caused the accident and his insurance company, as well as for no-fault benefits to cover your medical care and lost wages from your own policy. In short, automobile law in Massachusetts involves a combination of claims processing, information gathering, advocacy in settlement negotiations, and perhaps court. If you are injured in a motor vehicle accident, your primary concern should be your health. On the other hand, the processing of your claim and preservation of your rights ought to be done by experienced professionals who can help you navigate this complex and highly regulated system. Massachusetts automobile accident law dramatically affects the extent to which you obtain remedies and relief if injured in a motor vehicle accident.

In this set of circumstances, your work related injuries are compensable under the Workers' Compensation Act. At the same time, you may have a right against a negligent motor vehicle operator as well. The interrelationship between a workers' compensation case and a personal injury claim is always complicated. You must be careful, as you will be dealing with at least two different insurance companies and their claims personnel. As has been said, you shouldn't go it alone.

Negligence occurs when a motor vehicle operator acts or fails to act so as to cause an unsafe condition and a collision. In some cases, negligence is established by virtue of an operator's violation of law. For example, if an operator travels through a red light or stop sign and causes a collision, he may be guilty of a traffic violation and liable for causing a motor vehicle accident. In other cases, negligence is established when an operator acts or fails to act appropriately under the circumstances. For example, under certain weather conditions the operation of a motor vehicle at the posted speed limit may nevertheless be unreasonable and therefore negligent, especially if an accident results. In most cases, a judge, jury, or arbitrator chosen by the parties will make the ultimate decision as to whether an operator's conduct constituted negligence.