Woburn, MA Truck Accident Lawyer
When truck accidents are not fatal, they might be life-altering, resulting in expensive injuries that not only cause financial distress but also emotional pain and suffering for victims of negligence in Woburn.
Prior to filing your claim in court, our lawyers will organize medical records proving your injuries and hospital expenses from a truck accident. Without this information, victims cannot calculate their damages or prove they deserve compensation for pain and suffering, which is only allowed in cases of serious injury or more than $2,000 in medical costs. Disorganized medical records might delay cases, making victims risk missing the three-year filing deadline, and our lawyers can prevent this from happening. In addition to recovering compensation for medical and other financial damages, victims may also get non-economic damages from negligent truck drivers and their employers, and we can help victims establish their intangible losses, whether during settlement negotiations or a trial.
Call (617) 925-6407 for a free case assessment from the Law Office of John J. Sheehan’s truck accident lawyers.
Medical Information to Organize When Preparing Your Woburn, MA Truck Accident Case
When seeking compensation for truck accident injuries, victims must provide medical evidence proving their injuries exist and the cost of their treatment. This requires careful organization of records, which our lawyers can handle while preparing cases for victims.
Proof of Injury
Unless victims incur more than $2,000 in medical expenses, they can only file auto accident lawsuits after sustaining serious injuries, which include any that cause death, whole or partial loss of a body member, permanent and serious disfigurement, sight or hearing loss, or a fracture. Collisions between passenger cars and large trucks often result in injuries that warrant onsite medical attention, so do not hesitate to call 911 and request assistance from paramedics. This can benefit your case, proving you were injured at the scene and during the accident in question.
We can prove your injuries exist through medical records from the emergency room and ensuing treatment, so do not delay going to the hospital. Initial medical records should align with the accident’s date to help show causation.
While immediate medical records can prove initial injuries and diagnoses, records from continuous treatments can confirm the severity of victims’ injuries and the effect on their lives. Do not miss any scheduled appointments with physicians, and make sure you see the appropriate specialists to aid your recovery.
Proof of Damages
We will also need proof of your medical damages to present in court, and we can accomplish this by tracking all bills from hospitals and providers. It is important to monitor losses from the start intentionally; otherwise, certain damages could go unaccounted for when calculating compensation requests.
Victims may get compensation for all necessary medical expenses related to an accident, including surgery, prescription medication, wheelchairs, physical therapy sessions, in-house medical assistance, and routine checkups with their treating physicians. Compensation for medical damages is not capped for truck accident victims in Massachusetts, enabling victims to recover all costs associated with treating their injuries, provided they present proof those injuries exist.
Making Sure You File Your Truck Accident Case on Time in Woburn, MA
Several things must happen in order for victims to bring their claims on time, including identifying the final filing deadline and determining liability.
Under Mass. Gen. Laws Ch. 260, § 2A, victims have three years to file truck accident claims, barring any tolling exceptions. The clock begins to count down on the accrual date, which is also typically the accident’s date. Three years is often ample time to prepare and file claims, and our truck accident lawyers may aim to do so even sooner to hasten victims’ recoveries. However, victims who miss the filing deadline will be blocked from recovering any damages, regardless of a defendant’s negligence, so being proactive and initiating your case early is often important.
When seeking damages, victims do so against liable parties, meaning our attorneys must identify who is legally responsible for the accident. This could be multiple parties, like the commercial truck driver and their employer. Including negligent trucking companies in injury claims could maximize victims’ recoveries and is often possible because of vicarious liability, which makes employers liable for certain employee actions, including acts of negligence.
Proving Victims’ Pain and Suffering in Truck Accident Compensation Claims in Woburn, MA
We may calculate your intangible damages using one of two methods, either the per diem or multiplier method, and offer evidence to support compensation requests. When quantifying a victim’s pain and suffering, our lawyers may use the plaintiff’s age, severity of the injury, and likelihood of physical recovery to inform which method we use and how we prove pain and suffering in court.
Victims may document their pain and suffering in various ways, like by keeping journals detailing their daily struggles since an accident or by confiding in trusted mental health professionals. Mental health experts may give testimony in court, explaining to the jury how a victim’s injuries would reduce their quality of life and affect their overall happiness, especially if their injuries are disfiguring or permanently disabling.
Massachusetts restricts when victims may recover compensation for pain and suffering, only allowing such damages in cases of serious injury or more than $2,000 in medical costs. Victims may meet this threshold after going to the emergency room once following a crash, especially a truck accident, and we can assert your need for non-economic damages early on in your case.
Remembering your need for intangible damages is important, particularly during settlement negotiations. Our lawyers can evaluate settlement proposals to ensure they include compensation for pain and suffering and, if they do not, continue to negotiate or take your case to court.
Call Our Attorneys in Woburn, MA for Help with Your Compensation Claim
Call (617) 925-6407 for a free case review from the truck accident lawyers of the Law Office of John J. Sheehan.
