Amesbury, MA Personal Injury Lawyer
A bad accident can lead to painful injuries, and those injuries might disrupt your life in more ways than one. You might spend more than you can afford on medical care, be unable to return to your job, and face the possibility of long-term complications. You deserve financial compensation, and our legal team can help you.
If you are hurt in an accident, you might need time to recover before even considering legal action. However, you should avoid waiting too long to speak to an attorney because the statute of limitations in Massachusetts gives you only 3 years to file your case. When you file your case, we must have a clear and accurate picture of your damages, including economic and non-economic injuries and losses. We must prove how the defendant is liable to get compensation for these damages. More specifically, we have to show how the defendant’s negligent behavior is the direct and proximate cause of your injuries.
Receive a private evaluation of your case for free by calling (617) 925-6407 and speaking to our personal injury attorneys at the Law Office of John J. Sheehan.
How Long After an Accident Can You File a Personal Injury Case in Amesbury, MA?
Some people need time to heal and recover from their injuries before they consider taking legal action. However, your time to rest and think about your legal options is limited. If you wait too long, you risk losing the right to bring the cause of action. It is best to call an attorney about your case as soon as possible after the accident. If you are unsure whether you even want to take legal action, your lawyer can advise you of your legal options and help you make the decision that is best for you.
In Massachusetts, the statute of limitations for injury claims under Mass. Gen. Laws Ch. 260 § 2A provides plaintiffs only 3 years to file their cases in court. This limitation period begins on the same day as the accident, so time is of the essence. If, for some reason, you cannot file your case within the limitation period, you might not be able to recover any damages.
You might believe that 3 years is more than enough to get an injury case filed, but this is not exactly accurate. It is not uncommon for injured plaintiffs to work with our personal injury lawyers for months or more to get their cases ready to be filed. On top of that, your attorney likely has other cases that require their attention, and it might take them even longer to prepare your case fully. In short, the sooner you call a lawyer, the more time you have to prepare.
Recoverable Damages in an Amesbury, MA Personal Injury Case
Damages in personal injury cases may range from minor financial compensation to huge sums of money. Remember, a case does not have to have super high damages to warrant a trial. Even if your damages are not worth much money, you have a right to seek justice through the judicial system.
Economic Damages
Damages related to the specific amounts of money you spent as a direct result of the accident and your injuries are called economic damages. Common economic damages include medical bills, property damage, lost income if you miss work because of your injuries, and more. You must save any records of your costs related to the accident. They may be necessary to prove the extent of your economic damages in court. If you are unsure whether certain costs may be included in your economic damages calculations, review them with your attorney.
Non-Economic Damages
Some damages are extremely costly, but not in a monetary sense. Certain injuries or losses take a steep toll on a plaintiff without actually costing them money. Non-economic damages are sometimes collectively called “pain and suffering,” but they may encompass much more. Physical pain from injuries, emotional distress, psychological damage, humiliation, damage to your reputation, the loss of enjoyment of your life, and reduced quality of life are just a few examples of possible non-economic damages. Since these damages are highly subjective and unrelated to money, a jury has the final say on their worth.
Proving Liability in an Amesbury, MA Personal Injury Case
Proving the defendant’s liability requires evidence. The more evidence we have, the stronger your claims might be, and the more likely you will be awarded fair compensation. Evidence is unique in each case, and your attorney can help guide you to the evidence you need. Some common examples include photos from accident scenes, witness testimony, your own testimony, medical records, security camera videos, and more.
One legal hurdle to watch out for is claims by the defendant that you somehow caused or contributed to the accident. In such cases, courts may enforce comparative negligence rules, possibly reducing your damages. According to Mass. Gen. Law Ch. 231 § 85, the plaintiff’s damages may be reduced in proportion to their share of fault for the accident. If the court determines that a plaintiff is 15% responsible for the accident, their overall damages may be diminished by 15%. However, if the plaintiff is found to be more than 50% responsible, they may be totally barred from recovery.
How a Lawyer Can Assist You During your Personal Injury Case in Amesbury, MA
Navigating a personal injury claim is notoriously difficult, and the average person may be ill-equipped to handle the legal challenges ahead. Your best bet is to hire an experienced attorney to help from the beginning of your case to the very end.
Our legal team can help you prepare your case by assessing the strength of your claim, finding evidence, and evaluating damages. All this information is needed to file the case in court. If important information is missing, the court may reject the case, and we will be back to square one.
Most importantly, your attorney will stay by your side and fight your legal battles on your behalf. Lawsuits are known for being unpredictable. We might take two steps forward only to take one step back. It might feel like a frustrating uphill battle. Having a skilled lawyer by your side can give you peace of mind while your case works through the legal system.
Contact Our Amesbury, MA Personal Injury Attorneys for Assistance Now
Receive a private evaluation of your case for free by calling (617) 925-6407 and speaking to our personal injury attorneys at the Law Office of John J. Sheehan.
