Randolph, MA Personal Injury Lawyer

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Many people are intimidated by the prospect of filing a lawsuit, even if they must do so to recover damages caused by a negligent party. Our lawyers can help guide you through this process so that you ultimately claim the compensation you deserve.

Before initiating your claim in Randolph, allow our lawyers to estimate your damages from an accident. We can calculate economic damages by gathering, organizing, and adding up all records of losses from an accident, like your medical costs and lost income. To estimate your non-economic damages, we will evaluate your pain and suffering using specific calculation methods, like the per diem and multiplier methods. To improve your chances of recovering damages, you should file your claim on time and prioritizing recording your losses. In addition to proving the defendant’s fault for your injuries, you must also prove that you incurred real damages because of those injuries.

To schedule a free and confidential review of your case from our team, call the Randolph, MA personal injury lawyers of the Law Office of John J. Sheehan right away at (617) 925-6407.

Calculating Economic Damages in a Randolph, MA Personal Injury Case

Calculating your economic damages due to negligence can be a relatively simple task, provided you have the records and evidence to back up your claim. Economic damages refer to any financial losses from an accident, most notably a victim’s medical expenses.

Our personal injury lawyers will need access to certain financial information to calculate your economic damages. This will include your medical bills and treatment records. In addition to medical expenses, victims can recover compensation for lost wages, provided they have missed out on income because of their injuries. Our lawyers will refer to your past paystubs, tax returns, and employment records to calculate your lost wages following an accident in Randolph.

Suppose you are expected to need additional medical care past the conclusion of your lawsuit. In that case, we can enlist medical experts to review your records and give statements about your anticipated treatment and future medical damages.

When victims sustain serious injuries due to negligence, they might incur additional out-of-pocket expenses on top of medical bills and lost wages. For example, you might have incurred travel costs for visits to the hospital or costs related to in-house medical care. Lawsuits can cover these expenses too, and our lawyers will consider them when calculating your total damages.

Estimating Non-Financial Damages in a Personal Injury Case in Randolph, MA

Regarding non-economic damages, the calculation process differs. Because such damages are subjective, our lawyers may have to use various methods to estimate your losses due to pain and suffering and then prove that those losses exist.

Generally speaking, there are two popular methods for calculating non-economic damages: the per diem method and the multiplier method. Using the per diem method, our attorneys can calculate your non-financial damages by assigning a dollar amount to your daily pain and suffering and then multiplying that by the number of days you are expected to experience pain and suffering.

The multiplier method works by choosing a multiplier, which is typically a number between 1.5 and 5 depending on a victim’s injuries, and multiplying that number by the victim’s economic damages. Either method can result in an accurate estimation of non-pecuniary damages.

Once we have estimated your non-economic damages, we can turn our attention to proving you incurred them. To do this, we might ask that you give a personal statement detailing your pain and suffering. Victims can also speak with mental health professionals about their mental and emotional struggles following an accident, and professionals can give statements to juries to reinforce a victim’s claim for non-economic damages. Massachusetts does not cap non-economic damages in normal personal injury cases, but does do so in medical malpractice claims.

Improving Your Chances of Recovery in a Randolph, MA Personal Injury Lawsuit

Even if a defendant’s negligence is clear to you, you need to make it clear to a jury as well if your case goes to court in Randolph. To improve your chances of recovery, you can and should prioritize several things, including filing your case on time and recording your losses.

File on Time

Under Mass. Gen. Laws Ch. 260, § 2A, the statute of limitations for victims to file personal injury cases is three years in Randolph. While this is plenty of time for many victims to bring claims, they should try to file even sooner than three years from the accident date. When victims wait to sue, even if they do so before the filing deadline, several things might happen. First, waiting to initiate your claim might mean that crucial evidence, such as surveillance footage, gets lost or destroyed. Eyewitnesses might forget what they saw, and physical evidence might degrade. The sooner our lawyers begin investigating your claim, the more likely we will be to uncover evidence capable of meeting the standard of proof and establishing the defendant’s fault for your injuries.

Record Your Losses

Not only do victims have to prove that a defendant’s negligence harmed them, but that also have to show that they incurred real damages because of that negligence. In light of this, you should prioritize collecting and organizing proof of your losses. Our attorneys can help on this front by reviewing your damages as you incur them and compiling proof so that we can present such evidence to the jury if your claim goes to trial. Even during settlement negotiations, having proof of damages is important. Such evidence might be sufficient leverage to convince a defendant to settle out of court at an amount that appropriately compensates you for your various losses.