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Dunn & Phillips, P.C.

Personal Injury

If you were seriously hurt, or you lost someone you love, you deserve someone in your corner. We prepare your case as if it will be tried.

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  • Answered live Call the injury line any hour, day or night, and a real person picks up.
  • A dedicated injury office You can walk in at the Personal Injury Law Center, 56 Washington Street, Westfield.
  • Six languages on staff Our staff can help you directly in Spanish, Turkish, Russian, Ukrainian, French and Chinese. Our attorneys practice in English.

The short version

  • A small, collaborative team works your case, and the injury line at (413) 426-8657 is answered live 24 hours a day.
  • You pay nothing up front and nothing unless we win. The fee is a fixed percentage set in writing before we start, and we front the case costs.
  • Most cases settle, but we prepare every one for trial from the start, because insurers pay fairly when they believe a firm will try the case.
  • There is a deadline to file, generally three years but shorter in some cases. Call before you give a statement to the other driver's insurer.

Personal injury lawyers in Springfield & Westfield

We represent injured people across Western Massachusetts - Hampden County and the wider Pioneer Valley - from our offices in Springfield and Westfield. Serious-injury and wrongful-death work runs through our Personal Injury Law Center in Westfield, and someone can be reached for a new injury intake 24 hours a day at (413) 426-8657.

If you were hurt in or around Springfield, Westfield, Chicopee, Holyoke, Agawam, or West Springfield - anywhere in the region - the first conversation is free. Our Springfield personal injury and Westfield personal injury pages cover each office and the roads it serves.

The injuries we take on

Car, truck, and motorcycle accidents

Most of our cases start on a road most people in the Valley drive every week. We take on car crashes, truck and commercial-vehicle collisions, and motorcycle accidents - from a soft-tissue injury that will not go away to a catastrophic one. Start with our car accident lawyer page for how Massachusetts no-fault insurance, fault rules, and deadlines work - and see our dedicated truck accident and motorcycle accident pages, because those cases play by their own rules. If you are still at the early stage, our step-by-step guide to what to do after a car accident walks through the first moves that protect both your health and your claim.

Slip-and-fall and premises injuries

When a property owner's neglect - ice that was never cleared, a broken stair, a hazard left in a walkway - puts someone in the hospital, we pursue the responsible party and their insurer. Snow-and-ice claims carry a 30-day written notice requirement most people have never heard of; our slip and fall page explains it.

Dog bites and animal attacks

Massachusetts holds dog owners strictly liable for bites and attacks in most situations - no "one free bite." We take care of the medical, insurance, and liability side so you can focus on healing; our dog bite page covers how these claims work, including when the dog belongs to someone you know.

Medical malpractice

Malpractice cases are among the hardest a firm can take, with their own procedures and deadlines. We evaluate them honestly, bring in the right medical experts, and tell you plainly whether there is a case worth pursuing - our medical malpractice page explains the tribunal, the deadlines, and how the evaluation works.

Workers' compensation

If you were hurt on the job, we help you get the benefits and treatment you are owed, and we look at whether a third party beyond your employer also bears responsibility - the most commonly missed claim in work injuries. Details on our workers' compensation page.

Wrongful death and catastrophic injury

When a family loses someone, or an injury changes a life permanently, the stakes are too high to take the first number offered. We build these cases as if they are going to trial, because sometimes they must. Our wrongful death page explains how these claims work in Massachusetts, including the probate side we take on under the same roof.

There is a deadline to file a Massachusetts personal injury claim, and it can vary depending on who is involved and how the injury came to light. Missing it can end an otherwise strong case. Call us early so we can confirm what applies to yours.

You didn't ask for any of this, and now a stranger from the insurance company wants you to settle before you know what your injury will cost. We deal with them so you don't have to. No fee, no costs, nothing out of pocket, unless we win your case, and we build every case as if it is going to trial. You owe us $0 to start and $0 if we lose. When we do recover, our fee and the case costs come out of that recovery, and so do any medical liens, health-insurance subrogation claims, and PIP offsets - we walk you through all of it before you sign anything.

How our fees work

You pay nothing up front. Our fee comes out of the money we recover for you, whether by settlement or jury verdict, and only when your case succeeds. The percentage is fixed in a signed written agreement before we start. You get the firm's full attention and decades of standing in the local courts without writing a check while you are still hurt.

We also front the costs of building your case - medical records, expert review, court filings. You never pay them as the case goes along. You repay those costs only out of a recovery, and if we do not recover for you, you owe nothing. We work this way because we are confident in the case before we take it, and because the right lawyer should not be a function of what is in your bank account the week you got hurt.

Massachusetts sets a deadline for filing an injury claim, and evidence fades while you wait. The sooner we start, the more we can do. Call us before you give a statement to the other driver's insurer.

Common questions

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

For most injury claims the deadline is generally three years from the date of the injury, but it can be shorter or longer depending on who is involved - claims against a city or the state, or injuries discovered later, follow different rules. Do not guess. Call us and we will confirm the deadline that applies to your case.

What is my case worth?

Honestly, no one can put a real number on it the day you call, and you should be wary of anyone who does. It depends on your injury, your treatment and recovery, lost income, and who is at fault. What we can do early is tell you whether you have a claim worth pursuing and what would go into its value.

Will I have to go to court?

Most cases resolve by settlement. But insurers pay fairly when they believe a firm is ready to try the case, so we prepare every case for trial from the start. If going to court is what it takes to get you a fair result, we are ready to do it.

Should I talk to the insurance adjuster?

Talk to us first. The other side's adjuster is friendly for a reason, and an early recorded statement can be used to shrink or deny your claim before you know what your injury will cost. Once you are our client, we deal with them so you do not have to.

How much does a personal injury lawyer cost?

Nothing up front, and nothing at all unless we win. Our fee is a fixed percentage of what we recover, set in writing before we start, and we front the case costs. You owe $0 to start and $0 if we lose. What a recovery nets you is a separate question: medical liens, health-insurance subrogation, and PIP offsets are paid out of a settlement before you see it. We go through those numbers with you before you sign, not at the end.

How long will a personal injury case take?

It depends on your medical recovery and the complexity of the case - some resolve in months, serious cases can take longer. We will give you a realistic timeline once we understand your injury, and we will not drag it out or rush you into a low settlement to close the file.

In about 20 minutes, we will tell you whether you likely have a claim, the deadlines that apply, and what to expect next - or that you do not need us.

Request a free consultation. Call (413) 787-9955.

Personal Injury FAQs

How do I know if I have a personal injury case?
Three things usually decide it: someone else was at least partly at fault, you were actually hurt, and there is insurance or another source to pay. If all three are present, you may have a claim. The first conversation is free, and if you do not have a case, or it is small enough to resolve yourself, we will tell you so.
How long do I have to file a personal injury claim in Massachusetts?
Generally three years from the date of the injury, but some situations carry a longer deadline and others a shorter one. Under the Massachusetts Tort Claims Act, a claim against a city or town generally needs written presentment within two years. An injury from a defect in a public way, or from snow and ice, can require written notice within 30 days, and who must receive that notice varies from one municipality to the next. Deadlines for children generally run differently. Call early so we can confirm which applies to you.
What if I was partly at fault for the accident?
You can still recover as long as you were not more at fault than the people you are claiming against. Massachusetts uses modified comparative negligence: at 50% or less, your recovery is reduced by your share of the fault; at 51% or more, you recover nothing. Insurers often push a bigger share onto the injured person, which is one reason to talk to us before you give a statement.
How much is my personal injury case worth?
No honest lawyer can give you a number on the first call. Value comes from your medical bills, lost wages, how long recovery takes, whether the injury is permanent, and how much insurance is available. After a Massachusetts car crash, you can sue the at-fault driver for pain and suffering only once you cross the serious-injury threshold: generally more than $2,000 in reasonable and necessary medical expenses, or an injury such as a bone fracture, the loss of a body part, loss of sight or hearing, permanent and serious disfigurement, or death.
Do I need a lawyer if the insurance company is already helping me?
The adjuster works for the insurance company, and their job is to close the claim. Every Massachusetts auto policy carries personal injury protection (PIP), which pays up to $8,000 for medical bills and lost wages regardless of fault. Notify your insurer as soon as practicable; PIP claims generally must be filed within two years. PIP often does not need a lawyer. A claim against the other side's insurer for pain and suffering, lost earning capacity and future care is where it helps to have someone on your side.
Should I accept the insurance company's first offer?
Not before you know what your injury will cost. A settlement is final: once you sign the release, you cannot reopen the claim if you need surgery next year. First offers often arrive before treatment ends. Wait until your doctor can say where your recovery is heading, then compare the offer with your full bills, lost wages and future care.
Should I give the other driver's insurance company a recorded statement?
You are generally not required to give the other driver's insurer a recorded statement, and we recommend talking to a lawyer first. Your own insurer is different: your policy usually requires you to cooperate with it, so ask your attorney before giving either one a statement. An early, offhand statement can be used to argue that your injuries are minor or that the accident was partly your fault.
I had an injury before the accident. Can I still make a claim?
Yes. A pre-existing condition does not bar a claim. Massachusetts follows the eggshell plaintiff rule: the person who caused the accident takes the injured person as they find them, and is responsible for making an existing condition worse. Your medical records from before and after the accident are the evidence of that change, so tell your doctors about the earlier injury rather than leaving it out.
What if I did not go to the hospital right away?
Many injuries, especially to the neck, back and head, show up hours or days later. Get checked as soon as symptoms appear, and tell the doctor when the accident happened and when the pain started. A gap in treatment is something insurers point to, so the sooner the injury is documented, the better.
Will my case go to court?
Most personal injury cases settle without a trial. We still prepare every case as if it will be tried, because insurers pay fairly when they believe a firm will try the case.

These answers are general information, not legal advice, and do not create an attorney-client relationship.

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