Belmont, MA Personal Injury Lawyer

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In response to personal injuries due to negligence, victims can often file lawsuits against at-fault parties in Belmont.

Before filing your lawsuit, you should learn the value of your case. To do this, our lawyers will carefully assess all your losses from the accident, including financial and emotional damages. We can then determine the filing deadline for your claim based on the three-year personal injury statute of limitations in Massachusetts. After we file, we may negotiate a settlement with the defendant or take your case to court. Compensation, whether from a settlement agreement or jury award, may be paid in a lump sum or through structured payments, depending on the case.

Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case evaluation from our Belmont, MA personal injury lawyers.

Learning the Value of Your Belmont, MA Personal Injury Case

Your claim’s value will depend on several factors, such as your total economic damages and specific pain and suffering. When preparing your case, our experienced attorneys can calculate your losses, request compensation, and support that request with evidence.

Economic damages are concrete, tangible losses to victims. These include expenses from medical treatment or losses from missed income due to an injury. If you request compensation for a specific loss, you must be able to prove you incurred that loss, which is why keeping all records of medical bills and other damages is crucial.

Smaller losses that might not seem so great when compared to others, like medical expenses, can add up over time. For example, you might incur costs for transportation to and from the hospital as you get treatment. Our lawyers can consider those costs as well when calculating how much your claim is worth.

Many victims can also request compensation for non-economic damages. When estimating the sum of your non-economic damages, our personal injury lawyers may consider various factors, such as the severity of your injuries, your financial losses, and how long you expect to experience pain and suffering or emotional distress. When victims sue for car accidents, they must meet the serious injury threshold to get compensation for non-economic damages in Massachusetts.

Victims who do not know the value of their claims might end up accepting low-ball settlement offers from negligent parties in Belmont. We can help victims avoid these situations by considering all their losses due to the defendant’s negligence and representing their interests during settlement negotiations.

Personal Injury Statute of Limitations in Belmont, MA

According to Mass. Gen. Laws Ch. 260, § 2A, personal injury claims are generally held to a three-year filing deadline in Belmont. Do not assume that exceptions to the statute of limitations apply to your claim, as that could jeopardize your financial recovery.

To ensure we file your claim on time, we will confirm the date of the accident and the date you discovered your injuries. If you experienced delayed discovery, we might be able to push back the statute of limitations. Based on the filing deadline that applies to your claim, we can then identify the final date for you to bring your lawsuit. Our lawyers can then prepare your case with that deadline in mind so that you do not risk dismissal from the court.

What Happens After You File an Injury Claim in Belmont, MA

Your lawsuit will commence after you bring your complaint against a negligent party in court. Whether settlement negotiations, a trial, or a combination follow will depend on your specific case.

When the defendant is served with your lawsuit, they might want to negotiate a settlement. When approaching these negotiations, our lawyers can gauge the defendant’s willingness to settle and the general outline of their defense. Settlement negotiations can result in fair offers for victims, but that does not always happen, especially when they accept offers too quickly. You do not have to agree to an unfair settlement; instead, you can move forward with a trial in Belmont.

If you take your case to court, our lawyers can prepare you for any depositions you might have to give and explain how the process will generally unfold. For example, prior to the trial, you might have to attend various hearings, which our attorneys can keep you abreast of.

Just as you can leave settlement negotiations at any point before officially reaching an agreement, you could possibly settle your case sometime during the trial. If the trial proceeds to a conclusion, both sides will present their evidence and arguments to the jury, which will then decide the defendant’s liability and award the victim damages.

Lump Sum Injury Settlements vs. Structured Injury Settlements in Belmont, MA

Whether you settle out of court or win your personal injury case at trial, you could get compensation through a lump sum or structured payment. Our attorneys can prepare you for either possibility and explain what is most likely in your situation.

When a defendant agrees to a lump sum settlement or a jury requires them to pay one, they would pay the victim the entire amount at one time. Depending on the sum of your damages, that could be beyond the defendant’s financial ability, which is why structured settlements are more common than lump sum settlements in Belmont.

Under a structured settlement agreement, the defendant would pay the victim in regular installments, typically over several months or years. The victim would still get the entire amount agreed upon in the settlement or awarded by the jury, just parceled out over a longer period.

Lump sum settlements might be more common in claims against negligent establishments like hospitals or negligent product manufacturers. Structured settlements are more typical in personal injury claims against individuals.