Andover, MA Car Accident Lawyer
When auto accidents leave victims with serious injuries and overwhelming medical expenses in Andover, they can sue negligent drivers for compensatory damages.
One of the best things you can do after a car accident in Andover is go to the hospital. This can generate medical evidence that we can use in your compensation claim against a negligent driver. Medical records will show your immediate injuries, required treatment, and physical recovery. You should continue to get care from doctors and specialists as needed. Records showing your injuries and medical expenses can help you meet the tort threshold for auto accidents in Massachusetts. This can enable you to file a claim for economic and non-economic damages. To recover these damages, you will need to submit evidence of negligence. Useful evidence in car accident lawsuits includes eyewitness statements, expert witness statements, videos, photos, and more.
To have the Andover, MA car accident lawyers of the Law Office of John J. Sheehan assess your case for free, call us today at (617) 925-6407.
Building Medical Evidence of Your Car Accident Injuries in Andover, MA
To prove that you sustained injuries as a result of another driver’s negligence, you must submit medical evidence of those injuries. To ensure you have sufficient medical records to prove your injuries, go to the hospital immediately after a car crash in Andover.
Documenting one’s injuries is necessary for several reasons. For example, getting medical care may be necessary, especially if you sustained serious injuries that might worsen if left untreated. Gauging your physical health is of the utmost importance following a collision. Second, those immediate medical records can show that you were hurt at the time of the accident. They can also contain your initial diagnoses and any immediate treatment you received.
After going to the emergency room, continue following your treatment plan. Depending on your injuries, this might require you to see specialists, like neurologists or physical therapists. You might need additional surgeries or to take prescription medication as you heal. All of this will be noted in your medical records, which our car accident lawyers can present to the court as evidence in your claim.
Having any unnecessary gaps in your medical treatment might harm your case. This is because failing to go to the hospital when injured or failing to maintain visits with specialists during your physical recovery can make it seem as though your injuries are not as severe as you say.
Serious Injury Threshold for Car Accident Lawsuits in Andover, MA
Because Massachusetts is a no-fault state for car accidents, victims must turn to their personal injury protection (PIP) insurance to cover their damages. Victims can only sue for additional damages, like for pain and suffering, if they surpass the serious injury threshold.
No-fault states typically have serious injury thresholds that govern when victims of auto accidents can sue negligent drivers. According to Mass. Gen. Laws Ch. 231, § 6D, victims can present a claim for pain and suffering if their medical damages are more than $2,000 or if they have sustained a serious injury. Serious injuries include death, limb loss, fractures, severe and permanent disfigurement, and hearing or sight loss. You can establish that your injuries surpass the tort threshold for auto accidents by presenting proof of your medical bills and records.
Because many car accident injuries are, in fact, serious, and because medical treatment is often very expensive, leaving victims with minor injuries with costly damages, filing a lawsuit is an option for many victims in Andover. If you are unsure whether or not you can sue based on your injuries and damages, ask our lawyers for clarification.
If you meet the tort threshold for motor vehicle accidents, you must then bring your claim within the statute of limitations. According to Mass. Gen. Laws Ch. 260, § 2A, that will most likely be three years from the date of the accident. Paying careful attention to this deadline will be important, as missing it will leave you without a path to recovery for your injuries and damages.
Examples of Proof in Andover, MA Car Accident Claims
In addition to your medical records, our lawyers will submit further evidence to prove your claim. The goal of this is to show that it is more likely than not that the defendant caused your injuries, which will likely be the standard of proof applied to your case.
In Andover, victims of car accidents are tasked with proving the fault of negligent drivers. We can do this by engaging in various evidence-collection efforts, such as interviewing eyewitnesses. Such individuals can provide statements that correspond with your telling of events, further strengthening your compensation claim. Expert witnesses, like accident reconstruction experts or medical experts, may also provide testimony that is useful to your claim. Statements from mental health professionals can also be helpful to victims, especially regarding recovery of non-economic damages.
Videos and Photos
In addition to eyewitness statements, security camera footage and photos from the accident scene can be useful evidence. Our lawyers can contact local businesses and homeowners to request access to surveillance footage from their security cameras. Victims can also take pictures of their injuries and property damage at the accident scene. Obtaining physical evidence from the scene can be challenging, as car accidents are typically cleared away quickly so as not to present a danger to other drivers on the road. Because of that, taking pictures might be the best way to preserve such evidence. When interviewing eyewitnesses, our lawyers can ask if they happened to take any useful photos or videos of the aftermath of the accident. Such images might also be helpful to your recovery in Andover.
Call Our Andover, MA Lawyers About Your Auto Accident Case Today
Call the Law Office of John J. Sheehan’s car accident lawyers at (617) 925-6407 to discuss your case for free today.