Practice Areas

Frequently Asked Questions

How long do I have to file a personal injury claim in Massachusetts?

In most cases, Massachusetts law gives you three years from the date of the injury to file a personal injury lawsuit. This deadline is set by the statute of limitations under M.G.L. c. 260, § 2A. If you miss it, you lose your right to recover compensation regardless of how strong your case is. There are limited exceptions, such as cases involving minors or injuries that were not immediately apparent, but you should never count on an exception applying to your situation. Contact an attorney as soon as possible after an injury.

What does it cost to hire a personal injury attorney in Massachusetts?

Most personal injury attorneys in Massachusetts, including Weigand Law, work on a contingency fee basis. This means there may be no fee unless you recover compensation. You pay nothing upfront, and the attorney’s fee is taken as a percentage of the settlement or verdict at the end of the case. An initial consultation is free.

What types of personal injury cases does Weigand Law handle?

Weigand Law handles a range of personal injury and civil litigation matters, including car accidents, slip and falls, dog bites, medical malpractice, workers’ compensation, and Social Security Disability claims. Attorney Blair E. Weigand has concentrated in civil litigation with an emphasis on personal injury cases since entering private practice in 1992.

What is comparative fault and how does it affect my case in Massachusetts?

Massachusetts follows a modified comparative fault rule. If you are found to be partially at fault for your own injury, your compensation is reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you cannot recover anything at all. Insurance companies routinely try to assign fault to injured parties to reduce or eliminate payouts, which is one of the key reasons having an experienced attorney on your side matters.

What compensation can I recover in a personal injury case?

In a Massachusetts personal injury case you may be entitled to recover past and future medical expenses, lost wages and future earning capacity, pain and suffering, and loss of enjoyment of life. In cases involving reckless or grossly negligent conduct, punitive damages may also be available. The specific damages available depend on the facts of your case.

Should I give a recorded statement to the insurance company?

No. You are not required to give a recorded statement to the other party’s insurance company, and doing so before speaking with an attorney can seriously harm your case. Insurance adjusters are trained to ask questions in ways that minimize the value of your claim. Anything you say can and will be used to reduce what you recover. Contact an attorney before providing any statement.

Where does Weigand Law serve clients in Massachusetts?

Weigand Law is based in Hyannis and serves clients throughout Cape Cod and Eastern Massachusetts, including Barnstable, Plymouth, Bristol, Norfolk, and Dukes counties. Attorney Blair E. Weigand previously served as an Assistant District Attorney for Plymouth and Barnstable counties and has practiced in this region for over 35 years.