Leominster, MA Personal Injury Lawyer

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Our attorneys help victims of many different kinds of accidents get the help they need after being hurt. We can guide you through the processes of filing an insurance claim or even taking your case to court if needed to get the compensation you require.

Knowing when you have an injury case and how much your claim might be worth is difficult without legal help. Our lawyers are prepared to take your case and work to collect evidence, build a strong case, and fight it all the way to trial to help you.

For a free case assessment, reach out to us right away at the Law Office of John J. Sheehan by calling (617) 925-6407.

How to Know When You Have a Personal Injury Case in Leominster, MA

It can be hard to know when you have an injury case, but there are a few easy factors to look for to help you know when it might be worth it to pursue an insurance claim or even a lawsuit against the person or company responsible for your injuries:

Were You Injured?

If you suffered any injuries in an accident, that should be enough to consider filing a claim. While some mild injuries might have no medical bills involved and low damages for the physical pain of the accident itself, there might still be damages for ongoing pain and discomfort or for the emotional distress related to the accident. For example, whiplash from a low-speed car crash might leave you with long-term injuries that flare up every few weeks and make it hard to go about your life. Additionally, something like assault or even a “lucky” car crash might not result in severe injury but could leave you needing mental health counseling and facing PTSD symptoms.

More severe injuries are going to result in expensive medical bills, lost earnings, ongoing nursing care, physical therapy, and other damages that clearly indicate you need compensation.

Did You Suffer Other Damages?

To have grounds for a case, you need to have suffered damages. Injuries themselves are one type of damages, but other damages – such as financial harm – also qualify. These will also drive up the value of your case.

Was Someone Else at Fault?

When we analyze fault in an injury case, our personal injury attorneys look at which parties’ mistakes resulted in the accident happening. If they could have avoided the accident by being more careful, or if the accident only happened because they broke a rule or violated a legal duty, then they are likely at fault for the accident.

If the accident was truly a “freak accident” and could not have been avoided, you might have no case. However, many injuries that seem unavoidable can truly be linked back to a problem you might not have recognized.

If you caused the accident yourself, then that could hurt your case, but this is not the end-all, be-all of your claim. If you were only partially responsible, Mass. Gen. Laws Ch. 231, § 85 still allows you to recover partial damages as long as you were not more at fault than the other party.

How Much is My Case Worth in Leominster, MA?

Understanding the value of your case is important, especially if you will be filing insurance claims and fielding potential settlement offers from the defense and their insurance companies. Our lawyers can help you through this process, but it is important to have some general idea of how cases are valued first before your case starts.

Damages You Can Claim

In an injury case, victims can claim compensation for any and all economic and non-economic damages that stem from their injury, with some caveats. First, in car accident cases, you must have at least $2,000 worth of damages before you can claim pain and suffering damages. Second, some insurance schemes – such as Workers’ Compensation – block certain damages. Lastly, any time you make a first-party insurance claim with your own policies, you will likely have to pay deductibles and get only certain damages covered, but you might be able to recoup these costs in a lawsuit or third-party claim anyway.

Otherwise, damages should be claimed for the full value of any money you lost or had to pay because of the accident. This means covering the cost of medical expenses, vehicle repairs, other property damage, and more. It also means covering any wages you missed or will miss because of your injuries.

Any non-economic damages, like pain and suffering, emotional distress, and mental anguish, should be covered as well.

Calculating the Value/Cost of Damages

While some damages present a simple cost in the form of a bill or receipt, other damages are more complicated to calculate. For example, medical bills have a particular value displayed on the bill, but you might have had some of the payment covered by your first-party car insurance, some paid through your health insurance, and some reduction in cost by virtue of simply having health insurance. What then, in the end, is the “cost” of that bill: how much you initially were billed or how much you finally paid out of pocket?

Additionally, lost wages can be very complex to calculate, especially when it comes to future lost wages from newly acquired disabilities. If you have to take a lower-paying position or you cannot work anymore because of your accident, there will need to be calculations to compare your new wages to what your wages would have been if you continued working until your prospective retirement age.

Additionally, putting a value on pain and suffering is difficult, and there are different formulas and calculation methods we can use to estimate these damages.