Westford, MA Car Accident Lawyer
Car accidents are common, and many of us have either been in one before or know someone who has. While we have auto insurance for a good reason, it is not always enough to cover all the damages of a severe accident. In Massachusetts, you may sue the other driver for causing the accident, but only under specific circumstances.
Massachusetts requires all drivers to carry no-fault insurance, otherwise known as personal injury protection (PIP). First, this means that injured drivers must file claims with their own insurance companies to be covered. Second, it means that injured drivers cannot sue other drivers unless special conditions exist in the case. Your attorney can review the details of your accident and injuries to help you determine if a lawsuit is in the cards. If it is, we can assess damages and recover evidence to prove the defendant’s negligence.
Get a free, private assessment of your case from our Lowell, MA car accident lawyers at the Law Office of John J. Sheehan by calling our offices at (617) 925-6407.
How to File a Lawsuit for Damages After a Car Accident in Westford, MA
Filing a lawsuit for a car accident might seem like the right thing to do, and for many it is, but it is not always easy. In some cases, it might not be legally possible. This is all due to Massachusetts’ no-fault auto insurance laws. A handful of states have such laws, often preventing drivers from suing other drivers unless special conditions exist.
According to Mass. Gen. Laws Ch. 231, § 6D, all drivers in Massachusetts are required to carry personal injury protection (PIP) insurance. After an accident, drivers in Massachusetts do not file claims with the other driver’s insurance company, which is common in states with fault or tort-based insurance laws. Instead, drivers file claims with their own PIP insurance, and coverage is guaranteed no matter who is at fault. This is sometimes easier for drivers, as they do not have to worry about the other driver being uninsured or having to come up with evidence of fault.
The idea is to reduce unnecessary lawsuits for minor car accidents that are likely completely covered by insurance. How much your PIP insurance covers depends on your policy terms. One of the most important rules related to no-fault insurance is that drivers may not file lawsuits against other drivers unless special circumstances are present.
Generally, you may step outside the no-fault laws and file a lawsuit with our car accident lawyers if you end up spending at least $2,000 on medical needs after the accident. However, even if you do not meet this monetary threshold, you may still sue if you have certain types of injuries, including death, dismemberment, permanent disfigurement, or the loss of vision or hearing.
Potential Damages in Westford, MA Car Accident Cases
A plaintiff’s damages in a car accident case are known to vary significantly. Some plaintiffs claim relatively small damages. For example, maybe you are able to sue only because your medical bills just barely exceeded the $2,000 threshold. In other cases, the injuries and costs are far more severe, and the damages might be much more substantial.
Your financial costs from the accident determine economic damages. Medical bills often take the top spot when it comes to monetary expenses, especially if your injuries are serious and need extensive or long-term medical care. You should also add damages related to damaged property, your vehicle, and lost personal belongings. If you cannot work for a while after the accident due to your injuries, we can help you estimate the amount of income you have lost and might continue to lose.
Non-economic damages are harder to pin down because they are very subjective and usually unrelated to money or costs. For example, a car accident victim might claim damages for the intense pain they experienced or the psychological trauma of the accident. If your injuries come with long-term complications or disabilities, you might claim damages for the loss of enjoyment of your life.
Recovering Evidence for a Car Accident Case in Westford, MA
Evidence from a car accident can be challenging to obtain. So much evidence may come right from the accident scene, but the authorities usually clear the scenes away rather quickly. When this happens, evidence might be lost forever. To prevent this, you should take pictures of the car accident scene if you are able. This is not uncommon, as drivers often try to take pictures and record videos to send to insurance companies as evidence of the accident.
We should also speak to people who were present when the accident occurred, such as other drivers, passengers, or pedestrians. Witness testimony can be extremely powerful, especially when multiple witnesses from varying vantage points have clear memories of the accident. We might also need your testimony. Only you can testify about what you saw and what you went through. Your testimony is especially important when it comes to establishing damages.
If we lack evidence, a great place to find more is the police report from your accident. The police may investigate a crash, especially if it is serious or involves death, and they must write a report about their findings. While police reports are usually inadmissible in court, we can use them as guides to admissible evidence, depending on what the police uncover in their investigation.
Your injuries are key to establishing your damages, and to accomplish this, we might need copies of your medical records. These records may help us prove how bad your injuries were, how much money you spent on treatment, and whether you are still experiencing complications or pain.
Speak to Our Westford, MA Car Accident Attorneys for Legal Support Today
Get a free, private assessment of your case from our car accident lawyers at the Law Office of John J. Sheehan by calling our offices at (617) 925-6407.
