Yarmouth, MA Car Accident Lawyer

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Being involved in a car accident in Yarmouth can mark a serious setback in life. Even minor car crashes can result in significant expenses for victims.

If another driver negligently injured you, our lawyers can help you recover the money you need for your recovery. When you are hit by another driver, we recommend calling the police so you can make a record of your accident and preserve evidence we can use later. After getting the medical care you need, our team can review your case to determine how we can recover compensation. If you plan on claiming pain and suffering damages, we can prepare your evidence to overcome the serious injury threshold and file your lawsuit.

For a free case evaluation with our car accident lawyers, contact the Law Office of John J. Sheehan today at (617) 925-6407.

What to Do Immediately After a Car Accident in Yarmouth, MA

No one plans or desires to get into a car accident in Yarmouth. However, you will want to be prepared for what to do if you are eventually injured in one. The steps you take immediately following a car accident are often critical to the legal claim, which our car accident lawyers help you file later. Since you will be without legal support at the scene immediately following your crash, taking the following steps will help preserve and generate evidence that will be invaluable to your lawsuit:

Call the Police

You should always call the police after being injured in a car accident. The other driver might try to dissuade you from calling the police, especially if the collision was minor, preferring to keep the matter “private.” Do not listen. Call the police so they can investigate your accident and make a report of the information they gather from the parties involved and their personal observations of the scene.

When you speak to the police, be sure to describe how the other driver caused the accident, like if they ran a red light or were speeding. You should also describe your injuries as best you can as the report will note the severity of them. However, try not to offer any opinions or give statements that can be construed by an insurance company as taking some of the blame. Simply stick to the facts as best you remember them when being interviewed.

Police reports are not just important sources of information, but they are also typically necessary to file an insurance claim. While it is true that police reports cannot be used as evidence during a trial, they often prove vital to settlement negotiations with the insurance company. If you are unsure how to get a copy of your police accident report, our team can explore options with you to obtain it.

Talk with the Other Driver

You might have time before the police arrive to speak with the other driver, or they might initiate a conversation with you. However, be careful when talking with the other driver. Remember, they might be the defendant in your lawsuit in the near future, so do not discuss the accident or attempt to break down what happened with them. Certainly, do not apologize for the accident. These statements will come back to haunt you in a legal claim. Instead, just exchange basic identification and insurance information and wait for the police to arrive.

Speak with Eyewitnesses

In some cases, pedestrians or other drivers might have stopped to render aid after witnessing your accident. If so, speak with them about whether your injuries allow. You will want to get their contact information and a description of what they saw. However, we will want to get in touch with them soon after so we can preserve their testimony before their memory of the accident starts to fade.

Getting Medical Care for Your Car Accident in Yarmouth, MA

Getting medical care usually starts by getting treatment from emergency medical services on the scene. If you declined care from the paramedics or none arrived, you should still go straight to the emergency room from your accident scene. There, you will get the treatment you need since the hospital will be equipped with everything needed to determine your injuries. It will also start building evidence of your injuries to justify filing a lawsuit later.

What you should not do is wait to get medical attention. Some victims might prefer to see their primary care physician or get checked out at an emergency care center to save costs. While these options are fine for some situations, the emergency room is the right choice following a car accident. These businesses typically do not have the equipment to fully assess your injuries and will open the door to arguments that you were not that seriously injured.

Filing a Lawsuit for Injuries Sustained in a Yarmouth, MA Car Accident

Unfortunately, the insurance rules in Massachusetts can make it challenging to file a lawsuit for a car accident in Yarmouth. “No-fault” insurance rules are used in the state for car accidents. Under this system, car crash victims can get compensation for some of their medical expenses and lost wages from their own Personal Injury Protection (PIP) insurance without having to prove the other driver’s liability. While this sounds good, no-fault insurance has a serious catch. Victims cannot file a lawsuit for pain and suffering—or non-economic—damages unless they have serious injuries or medical expenses over a certain threshold, according to Mass. Gen. Laws Ch.231, § 6D.

The simplest way to overcome the bar to filing a lawsuit is by submitting medical records and billing that shows you have over $2,000 in medical damages. Considering the costs of medical treatment across the country, reaching the law’s threshold is usually not too challenging, even for relatively minor car accidents. One visit to the emergency room could cost more than this, depending on the tests and operations the doctors need to perform.

Numerous expenses can be included in calculating your medical damages, including ambulance, hospital, and nursing expenses. You can also include bills for diagnostic tests like X-rays, as well as surgeries, dental services, and prosthetic devices. This is why it is critical to follow through with every part of your treatment plan.

The other route to overcoming the limits on your right to sue is by providing evidence that shows your injuries are “serious.” Some serious injuries are obvious, like death, loss of sight or hearing, or an amputation. However, fractures and permanent and serious disfigurement will also be considered serious enough to file a lawsuit to recover non-economic damages.