Acton, MA Personal Injury Lawyer

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If someone else’s negligent act injured you in Acton, you have the right to file a personal injury claim to get compensatory damages, which our lawyers can guide you through.

We may use evidence like eyewitness statements and surveillance footage to prove negligence in personal injury claims, and our lawyers will work on preserving such evidence immediately. Regarding proving injuries, we will use your medical records, which will contain information regarding any tests, surgeries, or other treatments you have received. We will also need to prove your damages from the accident, which we can accomplish using your medical bills and employment records to establish lost wages. Victims who delay their claims risk missing the statute of limitations, which would bar them from recovery. We can ensure this does not happen to you by confirming the filing deadline for your case in Acton.

For a free review of your case from the Somerville, MA personal injury lawyers of the Law Office of John J. Sheehan, call (617) 925-6407.

Evidence Used to Prove Liability in Acton, MA Personal Injury Claims

To prove liability and negligence, our lawyers must establish the four elements of a personal injury claim: duty, breach, causation, and damages. To accomplish this, we will need proof of negligence, such as eyewitness statements; proof of injuries, such as medical records; and proof of damages, such as medical bills and lost wages.

Proof of Negligence

Proving exactly how the defendant breached their duty of care and injured you is essential to your financial recovery in Acton. Our personal injury lawyers may accomplish this using various pieces of evidence, like eyewitness statements. Eyewitness can testify to what the at-fault party did wrong. For example, if a negligent driver hit you because they sped through an intersection when you had the right of way, an eyewitness could testify to that fact.

In addition to eyewitness statements, expert testimony can help prove negligence. For example, accident reconstruction experts can piece together the information left at the scene of a crash to determine its cause.

For personal injury claims not involving auto accidents, eyewitness statements can be similarly effective in proving that the defendant was negligent. This is also true of surveillance footage, so our attorneys may contact nearby businesses or homeowners with security systems in case they filmed the accident. In premises liability claims, negligent parties might own relevant video footage, so quickly obtaining and preserving it is crucial.

Proof of Injuries

We will also need to present proof of your injuries during your case to prove you were hurt because of the defendant’s negligence. To aid on this front, victims can get immediate medical treatment following any accident due to negligence. This includes motor vehicle, pedestrian, workplace, and slip and fall accidents, among others. Having medical records confirming your injuries right after you sustained them is important, as this can put to rest any arguments or assertions that you were injured in a separate incident. Victims may call 911 and get assistance from paramedics or go directly to the emergency room.

During the preparation stage of your case, our lawyers will assist with obtaining relevant medical records from physicians and hospitals. These records will cite all treatments you received, including diagnostic tests, surgeries, and prescription medications, proving that you sustained injuries worthy of compensation in Acton.

Proof of Damages

Victims also need to submit proof of damages in their claims to support their requests for compensation. The compensation you get from a settlement or jury award will be based on your specific losses from the accident. Generally, most of victims’ damages come from medical treatment, and all necessary medical costs are compensable in personal injury claims. We will keep track of all invoices and charges related to your physical recovery so that we can calculate your exact losses in Acton.

To get damages for lost wages, our attorneys will refer to employment records to assess your missed income while recovering from personal injuries. If you anticipate needing additional medical treatment past the end of your claim or your earning capacity is permanently affected by the accident, we can use a combination of your medical records and testimony from medical experts to get compensation for future losses as well. We will also consider your emotional losses from the accident to quantify your non-economic damages.

Risks of Delaying Filing Personal Injury Lawsuits in Acton, MA

Victims who delay their claims could face considerable hurdles to recovering compensation in Acton. If they miss the filing deadline altogether, victims may not have a viable path to recovery.

The first risk of delaying filing your case is missing the deadline to sue. This is generally three years from an accident due to negligence in Acton unless a rare exception to the statute of limitations applies. For example, if victims do not notice their injuries until some time after an accident, they might get tolling for delayed discovery, though this is not guaranteed.

Even if you file before the deadline, delaying your case has other risks. Evidence, like surveillance footage, might get lost when victims do not initiate claims immediately. Other evidence, like eyewitness statements, might degrade as time passes. Intentionally preserving evidence at the onset of your case can help ensure access to proof our lawyers can use to establish liability.

Do not delay your case for any reason; doing so will only delay your access to compensatory damages. Despite having the full three years under the law to sue, you might become more overwhelmed by your various damages the longer you wait, which is why it is best to begin the preparation process for your claim right away so that you can file soon after the accident.