Marblehead, MA Car Accident Lawyer
When recovering from serious injuries, victims should not have to foot the bill and may file lawsuits against negligent drivers for compensation.
The first thing victims should do after an accident is call the police. Law enforcement often helps victims by writing down pertinent information in crash reports, which our lawyers can refer to as we build cases. While we investigate by interviewing eyewitnesses, involving experts, and reviewing physical evidence, you should prioritize your physical recovery. Get all necessary treatments for your injuries so our lawyers can prove they are serious enough for you to file a lawsuit. After victims file, defendants might approach them with settlement offers. Carefully assessing all proposals is important, and we can take claims to court if defendants refuse to give victims what they deserve.
Call the Law Office of John J. Sheehan’s car accident lawyers for a free case analysis at (617) 925-6407.
What to Do at Each Stage of Your Car Accident Case in Marblehead, MA
In Massachusetts, victims can file lawsuits to recover economic and non-economic damages when seriously injured by negligent drivers. Our attorneys can guide you through the recovery process, explaining which steps to take immediately after the accident, throughout the investigation stage, and during settlement talks or a possible trial.
Right After the Collision
What victims do immediately after a crash could set the foundation for future claims, so they should report all collisions. Though inadmissible in accident lawsuits, police reports can point our lawyers to potential contributing causes to an accident or eyewitnesses’ identities. Police officers will talk to everyone involved and collect their personal and insurance information. Officers may note their personal impressions of a crash site and the apparent severity of victims’ injuries at the scene. Because they will discuss your injuries in the report, be honest with officers about your pain levels or discomfort at the scene. Do not reject medical care offered by paramedics either.
Accident scenes do not remain intact for long, so photographing them is the best way to preserve evidence like property damage, debris, or tire marks. Our attorneys can get crash reconstruction experts to review these photos later, which could help us prove the defendant’s negligence and liability for your injuries.
While Our Lawyers Investigate
We can pool all relevant evidence, reports, witness statements, photos, and videos in the days and weeks after an accident. As we do this, you should focus on receiving the appropriate medical care, including surgery or other intensive treatments. This will help produce medical records, which our car accident lawyers can present as evidence of your serious injury in court. This may be necessary for victims to get compensation for non-economic damages under Mass. Gen. Laws Ch. 231, § 6D, so do not disregard your physical recovery at any point during your claim.
During the course of our investigation into the collision, we may interview eyewitnesses. Prioritizing this is crucial since plaintiffs run the risk of witnesses’ memories fading with time. Victims who notice witnesses near crash sites after a collision can ask for their contact information so we can reach out to them faster.
We will also discuss the accident with you, as minor details that seem insignificant could make all the difference in your case. Tell our lawyers what you can remember about the accident and the location, including whether or not there were nearby traffic signs the negligent driver ignored or local businesses that might have surveillance systems.
Our lawyers might also involve a crash reconstruction expert in your case, who can make various determinations by reviewing evidence left at the scene. These include how fast the negligent driver was moving, the exact point of impact, the direction of travel, and which driver initiated the collision. This type of expert testimony is particularly useful in claims threatened by Massachusetts’ modified comparative fault rule. Under § 85, a victim could recover fewer damages if they share liability for an accident, and crash reconstruction could undermine such arguments from the defense.
During Settlement Negotiations or a Trial
Victims must file within three years of a crash to get compensation from a lawsuit. After filing, settlement negotiations may commence, and victims should approach this stage anticipating low offers initially. This is a common strategy for negligent drivers, who may hope that victims will accept lowball offers in exchange for getting some compensation sooner. Being wary of these propositions is important, as victims could continue incurring damages for years after a car accident, and a poor offer might not factor in those future damages.
Because of this, being patient during settlement negotiations is important, even when victims need compensation quickly to cover overwhelming medical bills or lost wages. When defendants intentionally try to stall settlement negotiations, our lawyers can employ tactics to hasten the process, like leveraging expert statements that would impact a jury.
Though many car accident claims ultimately settle fairly out of court, some defendants refuse to offer victims what they deserve, all but forcing them to go to trial. Trials to determine liability for car accidents might proceed relatively quickly after reaching a court docket, especially if victims anticipate meeting the standard of proof and have sufficient evidence to do so. In New York, plaintiffs must demonstrate that it is more likely than not that a negligent driver caused their injuries for juries to find them liable. At trials, victims’ recoveries are based on the proof of damages they can present, which is why our attorneys will focus on tracking economic losses as you incur them. Juries might also award victims compensation for pain and suffering, another incentive not to accept unfair settlement offers from negligent drivers.
Call Us for Help with Your Compensation Case in Marblehead, MA
For a free case assessment from the Law Office of John J. Sheehan, call our car accident lawyers at (617) 925-6407.
