Most of us will experience an injury at some point in our lives, but some people are injured because of the negligence of others. In that case, you can take legal action to hold that person accountable and get fair compensation. A personal injury case can be challenging to navigate, and you should hire an experienced lawyer to help you.
Starting your case requires extensive information about the accident, your injuries, and evidence to back up your claims. We must submit a formal complaint to the court and notify the defendant of the case. It is best to get started now since your time to file is limited. We need as much time as possible to gather records and evidence to support you.
Get a free, confidential case analysis from our personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.
How to Start a Personal Injury Case
Beginning a personal injury is no small task, and you should get help from a lawyer as soon as possible. Most civil cases begin with a formal complaint.
Before beginning the case, hire a lawyer and review your options. While a lawsuit may seem like a great idea, it might not be the best option for some. Instead, you might reach a private settlement or file an insurance claim.
If a lawsuit is your best option, we must gather the necessary information to draft the complaint. This includes details about damages, evidence, the defendant, you, and explicit details about the accident. If any information is lacking in the complaint, the court may reject it as an insufficient pleading.
Our personal injury lawyers must draft the complaint according to strict court rules regarding formatting and content. When ready, we must file it with the correct court and serve notice to the defendant. If the defendant is not properly notified, the whole case may be thrown out.
How Long Do I Have to Prepare a Personal Injury Case in Concord?
If you are considering legal action for personal injuries, you should speak to a lawyer soon. Plaintiffs only have so much time to prepare their case. If time runs out, you might be unable to seek fair compensation.
The statute of limitations restricts your time to file. Under Mass. Gen. Laws Ch. 260 § 2A, you have 3 years to file your case with the court. This time begins on the day that you are injured, and your time might be running out as we speak.
It is possible to buy extra time under the right circumstances. Tolling the statute of limitations pauses the clock, but it can only be done under very specific conditions. For example, under § 7, minors and incapacitated persons may have the statute tolled until there are 18 or their incapacitation is removed.
A defendant cannot evade liability by leaving the state and waiting for the time to run out. Under § 9, when the defendant leaves the state, their time outside Massachusetts’s jurisdiction is not counted toward the limitation period. This is especially important in hit and run cases where the defendant fled the scene.
Records and Evidence You Need for Your Personal Injury Case
When building your case, we should consider certain records as possible sources of evidence and information. If you do not already have these records, we can help you obtain copies.
First, we can check police reports about the accident. If the defendant could be criminally charged for their actions, the police will likely investigate and issue a report about their findings. If the defendant is criminally prosecuted and found guilty, court records may also help your case.
We should also get copies of your medical records to prove your injuries. These records may help us prove how badly you were hurt and how your injuries may affect you moving forward. These records are especially important if the defendant disputes the severity of your injuries.
We should also focus on gathering evidence from the accident scene. If you took any photos or recorded videos, they may contain details we can use to prove the defendant’s liability.
What Happens During a Personal Injury Trial in Concord?
While we spend months or more preparing for the trial, the trial itself may be relatively short and last only a few weeks. During this time, we must present our evidence, witnesses, and arguments about the case. Whatever we present, it must be enough to meet our burden of proof.
We will have to deal with claims from the defendant that might upset you. They might argue that you caused the accident or that they are somehow not responsible for your injuries. Trials are known to be frustrating and emotional, and you must brace yourself for what is to come.
At the end of the trial, when both sides have presented all their evidence, the jury will deliberate and render a verdict. If you have a bench trial, the judge will render the final verdict.
In jury trials, juries are known to deliberate for days or more before reaching a decision, and we might have to wait a while before we know the outcome.
What Your Personal Injury Damages Might Be Worth
Your damages are the heart of the case and represent everything you lost and endured because of the defendant. Generally, damages are divided into economic and non-economic damages.
Your economic damages may be proven with evidence of how much money you lost. Medical bills, damaged property or personal belongings, lost income from being too injured to work, and other costs may be factored into our calculations.
Your non-economic damages are not measured in terms of money and are more personal and subjective. Your physical pain, emotional distress, psychological trauma, and other painful personal experiences deserve fair compensation. Since these damages are so subjective, the jury often has the final say on their value.
Speak to Our Concord Personal Injury Lawyers About Your Claims Now
Get a free, confidential case analysis from our personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.