Injured on the Cape? We are here to help.

Anyone can be a victim of a car accident. A Cape Cod summer brings an influx of tourists and many more vehicles, and accidents are common on Route 6 and Route 28 through Barnstable during the busiest hours. Weigand Law investigates all car accident cases and works to hold the negligent party accountable, whether the loss is lost wages, medical bills, pain and suffering, or something else. You can contact a personal injury attorney at Weigand Law 24/7.

What to do after a car accident on Cape Cod

If you are able, call 911 first. If it is safe, get out of your vehicle and photograph the scene. Police will facilitate the exchange of insurance, license, phone and address information; exchange information with key witnesses too. If you cannot, wait in a safe place for the ambulance and police.

Types of crashes

Drunk driving accidents

Victims injured by drunk drivers have a right to seek damages from the driver’s auto insurance policy. There may also be claims against third parties such as restaurants, bars, liquor stores, and private homes.

Uber, Lyft and other rideshare accidents

You may bring a claim against the rideshare driver, the other driver, or possibly the rideshare company itself. The insurance rules are complex, so get an informed lawyer early.

Bicyclists

Drivers must give riders adequate space. If you are struck, call the police, wait for them, and never admit fault.

Truck accidents

Unsecured loads and large vehicles with blind spots cause serious crashes. An experienced attorney helps pursue the full compensation the law allows.

Motorcycle accidents

Operators have rights too, though motorcycle insurance often differs from regular auto insurance. We use private investigators to assess liability and negotiate with insurers.

Pedestrian accidents

Massachusetts law requires drivers to stop for pedestrians in a crosswalk. Preserve evidence, photograph the scene if you safely can, and do not discuss what happened with the other party.

Weigand Law has a broad network of medical experts and accident reconstruction experts to help prepare and prove your case. You should not communicate with anyone from the insurance company during the claim.

Quick answers

Massachusetts is a no-fault state. Can I still sue?

Often yes. Required PIP coverage pays your medical bills and part of lost wages regardless of fault, up to $8,000. You can still bring a claim against the at-fault driver if medical expenses exceed $2,000 or you suffer a serious injury such as a broken bone, substantial disfigurement, or loss of sight or hearing.

How long do I have to sue?

Three years from the date of the accident (M.G.L. c. 260, § 2A).

What if the other driver is uninsured or underinsured?

Your own uninsured or underinsured motorist coverage may apply. An attorney can help identify all available sources of recovery.

What can I recover?

Medical expenses, future medical costs, lost wages, reduced earning capacity, pain and suffering, and loss of enjoyment of life. Punitive damages may be available in cases of particularly reckless conduct such as drunk driving.

What does it cost?

Car accident cases are handled on a contingency fee basis. There may be no fee unless you recover compensation, no upfront cost, and no fee for the initial consultation.

Dog bites can be severe injuries, and in Massachusetts roughly 6,300 people are bitten each year. Head, neck and face injuries are most common among small children. Common injuries include tissue loss, abrasions, punctures, rabies, fractured bones, scars, lacerations, and sprains and strains. See medical personnel right away because infection can begin quickly, and make sure the bite is documented by animal control.

A homeowners insurance policy is usually primarily responsible for paying out these damages. When the insurer does not cooperate, Weigand Law will make sure the homeowner’s insurance pays out for your injuries.

Massachusetts dog bite law

M.G.L. c. 140, § 155 makes the dog owner or keeper responsible for the damages their dog causes. You do not need to prove the owner knew the dog was dangerous, and the “one bite rule” does not apply. Children under seven are presumed not to have provoked a bite.

Quick answers

Are there exceptions?

Yes. An owner is not liable if the injured person was trespassing, teasing, tormenting or abusing the dog, or committing another offense at the time.

What can I recover?

Medical expenses including emergency care, surgery and infection treatment, lost wages, pain and suffering, and compensation for scarring or disfigurement.

How long do I have to file?

Three years from the date of injury (M.G.L. c. 260, § 2A). Claims involving injured children may have different timing rules.

What should I do after a bite?

Get medical attention immediately, report the bite to animal control, photograph the injury, get the owner’s contact and insurance information, and do not give a recorded statement to the owner’s insurer before speaking with an attorney.

What does it cost?

Contingency fee basis: there may be no fee unless you recover compensation, with no upfront cost and a free initial consultation.

Negligence plays a part in every accident, and the facility where a slip and fall happens may hold some of it. Don’t let an insurance company deny you compensation for your injury. The most important first step is to document your injuries by seeing a doctor right away, at an emergency room or urgent care.

Common causes

• Spilled liquids
• Cleaned floors that weren’t dried properly
• Foreign objects
• Cracked floors
• Loose boards or tiles
• Too many people in one area

When you call, we will ask about your injuries, whether a doctor can back them up, and whether the facility acted negligently. Damages can include medical bills, lost wages, housing bills, and pain and suffering. The facility will often argue the victim was careless or partly responsible, and it is up to your attorney to prove negligence.

Quick answers

What do I need to prove?

Generally that the property owner or occupier knew or should have known about the hazard, failed to fix it or warn you, and that it caused your injury. The standard can depend on whether you were an invited guest, a customer, or in another category.

What if I slipped on ice or snow?

Massachusetts has abolished the old natural versus unnatural accumulation distinction. Owners must act reasonably to protect visitors from snow and ice hazards.

What if I was partly at fault?

Your award is reduced by your percentage of fault; at 51% or more you cannot recover.

How long do I have to file?

Three years from the date of injury (M.G.L. c. 260, § 2A). Claims against government entities often require earlier notice.

What should I do after a fall?

Seek medical attention, report the incident to the owner or manager and ask for a written incident report, photograph the hazard and your injuries, get witness information, keep all records, and do not give a recorded statement to the owner’s insurer before speaking with an attorney.

What does it cost?

Contingency fee basis: there may be no fee unless you recover compensation, with no upfront cost and a free initial consultation.

When you go to a hospital or clinic you trust the medical staff to provide competent care. If you or a loved one was injured because a doctor, nurse, or other hospital staff member failed to follow proper procedure, or was outright negligent, you may be able to seek compensation. Weigand Law is committed to helping you hold negligent providers accountable.

Malpractice can take many forms

• Medication errors, such as wrong dosage or wrong medication
• Surgical errors or medical mistakes
• Misdiagnosis or delayed diagnosis
• Birth injury, which can lead to brain injury or nerve damage

These can result in illness, injury, and in some cases death. If a loved one dies, you may be able to file a wrongful death suit.

Quick answers

What is medical malpractice in Massachusetts?

When a healthcare provider fails to meet the accepted standard of care and that failure causes injury. That includes surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, anesthesia errors, and failures to obtain informed consent.

How long do I have to file?

Generally three years from when you knew or reasonably should have known you were harmed (M.G.L. c. 260, § 4), with an absolute seven-year limit from the negligent act, except for foreign objects left in the body.

Do I need an expert witness?

Yes. Claims must be supported by expert testimony, and Massachusetts requires a tribunal review under M.G.L. c. 231, § 60B before filing suit.

What can I recover?

Past and future medical expenses, lost wages and future earning capacity, pain and suffering, and loss of enjoyment of life. Massachusetts does not currently cap compensatory damages in medical malpractice cases.

What should I do first?

Request and preserve all your medical records, write down what you remember about your care while it is fresh, and do not discuss the matter with the provider’s employer or insurer before speaking with an attorney.

What does it cost?

Contingency fee basis: there may be no fee unless you recover compensation, with no upfront cost and a free initial consultation.

A work-related injury leaves many questions: Will I work again? Who covers my medical expenses? How do I provide for my family? Weigand Law helps all workers, from nurses and nursing assistants to landscapers and construction workers, obtain the maximum benefits available under Massachusetts workers’ compensation laws, including medical expenses, lost wages, and mileage reimbursement for medical appointments.

Seek medical treatment right away and report the injury to your employer as soon as possible, both verbally and in writing. We represent injured workers across Cape Cod and Southeastern Massachusetts, including Nantucket and Martha’s Vineyard, and will come to you if you can’t make it to the office.

Injuries that may qualify

• Burns, cuts, and fractured bones
• Back problems, including hernias and slipped disks
• Disfigurement and scarring
• Loss of limbs
• Illness from toxic substances or infectious diseases at work
• Repetitive stress injuries such as carpal tunnel
• Any injury causing total or partial disability
• Emotional or psychological injury

Quick answers

What does it cover?

All reasonable and necessary medical expenses, weekly wage replacement if you cannot work or can only work in a limited capacity, and vocational rehabilitation in some cases. You do not need to prove your employer was negligent.

Can my employer fire me for filing?

No. Massachusetts law prohibits retaliation, and you may have an additional claim if it happens.

Can I also sue my employer?

Usually workers’ compensation is the exclusive remedy against your employer, but you may be able to bring a third-party claim against a contractor, equipment manufacturer, or property owner.

How long do I have to file?

Generally four years from the date of injury. For occupational diseases, from when you knew or should have known the illness was work-related.

What does it cost?

Contingency fee basis, with fees subject to approval by the Department of Industrial Accidents. No upfront cost and a free initial consultation.

Social Security Disability Insurance (SSD or SSDI) is a payroll-tax-funded federal insurance program run by the Social Security Administration, providing income to people whose disability limits their ability to work, on a temporary or permanent basis. SSDI is often confused with Supplemental Security Income (SSI). Unlike SSI, SSDI does not depend on the income of the disabled person. If you need help receiving your benefits or the right amount, reach out to Weigand Law.

Quick answers

SSDI versus SSI?

SSDI is for people who are disabled and have worked long enough and paid enough Social Security taxes. SSI is needs-based for disabled people with limited income and resources, regardless of work history. You may qualify for one or both.

How does Social Security define disability?

The inability to engage in substantial gainful activity because of a medically determinable impairment that has lasted or is expected to last at least 12 months or result in death.

How long does a decision take?

Initial applications typically take three to six months, and most are denied. Reconsideration and then a hearing before an Administrative Law Judge can take a year or more.

What if I’m denied?

Do not give up. You have 60 days from the denial notice to request the next appeal level, and many approved claimants win at the hearing stage.

How long do I have to apply?

There is no strict deadline, but SSDI can be paid only up to 12 months before your application date, so applying sooner can mean more back pay.

What does it cost?

Fees are regulated by federal law. Attorneys are typically paid only if you win, as a percentage of back pay up to a federally capped amount. No upfront cost and a free initial consultation.