Beverly, MA Truck Accident Lawyer
Trucks hitting passenger cars, pedestrians, or bicyclists at any speed could cause catastrophic damage, entitling victims to substantial financial recoveries in Beverley.
Truck accident lawsuits begin when victims file complaints in court. The complaint should contain specific information, such as a summary of the accident, the defendant’s negligence, and the victim’s resulting injuries and damages. We will also request compensatory damages in the complaint based on your medical bills, lost wages, and emotional distress. Victims typically have three years to file truck injury complaints in Massachusetts but should not wait that long if possible. After filing, your case might settle or go to court. At a trial, victims must prove a defendant’s liability by establishing four crucial elements: duty of care, breach of duty, causation, and real damages.
For a free case assessment from the Law Office of John J. Sheehan, call our truck accident lawyers at (617) 925-6407.
How to Write Your Truck Accident Complaint in Beverly, MA
To initiate your injury claim with the court, you must file a complaint containing specific information about your case, the defendant, and your desired compensation. The complaint outlines the facts of your case, which we will aim to prove during ensuing litigation.
Name the Involved Parties
In the complaint, we must name the parties involved in the crash and subsequent lawsuit. Victims who bring claims are plaintiffs, and the negligent drivers who cause accidents and injuries are defendants. After truck accidents, commercial trucking companies, the drivers’ employers, can often be included as defendants in compensation claims because of vicarious liability. After we submit your complaint to the court, the involved parties will be notified and served with your lawsuit.
Summarize the Accident’s Details and the Defendant’s Negligence
Next, we must summarize the accident’s details and the basis of your claim, including the defendant’s negligence. To ensure our accident summary is accurate, we may interview eyewitnesses immediately after the collision. Experts in crash reconstruction can also be useful on this front, offering statements and testimony confirming a collision’s cause and a driver’s negligence.
Explain Your Injuries and Losses and Request Compensation
We must then offer a full breakdown of your injuries, losses, and requests for compensation. This is where medical evidence comes into play, proving victims’ injuries or hospital bills pass the threshold to sue in Massachusetts under Mass. Gen. Laws Ch. 231, § 6D. We can itemize all hospital expenses you incur after the collision, presenting evidence of medical bills and charges from providers.
Those needing to take considerable time off work to recover physically might deal with lost wages. These are compensable damages, so our truck accident lawyers will calculate your missed income and request compensation for it in your complaint. We can also quantify intangible damages like pain and suffering, which do not have inherent monetary value, so that we can maximize your potential recovery.
Deadline to Submit Your Truck Accident Complaint to the Court in Beverly, MA
You only have three years from the accident’s date to file your injury complaint in court and initiate your case. Otherwise, the court may block you from recovering damages in Massachusetts.
According to Mass. Gen. Laws Ch. 260, § 2A, the general filing deadline for truck accidents and most other negligence claims is three years. This is the amount of time you have to start your case, not a time limit on how long your case could take to finish once filed.
There are few exceptions to this filing limitation, though some exist, and our lawyers can see if any apply to your case, especially if it has been a couple of years since your accident. Generally speaking, victims should not expect to qualify for tolling exceptions, particularly for auto accidents. Instead, they should start preparing claims immediately after accidents, as delaying filing may only delay their access to compensatory damages.
How to Prove Your Truck Accident Case After Filing in Beverly, MA
Victims must meet the standard of proof for personal injury claims in Massachusetts to prove liability for truck accidents and the injuries they cause. This involves establishing four elements, which our lawyers can achieve by presenting compelling evidence.
The first element is the duty of care. Drivers owe others on the road a duty to uphold traffic rules, and trucking companies also have a duty to ensure their vehicles are safe for use and their employees are properly qualified. The second element is a breach, meaning we must show what the defendant or defendants in your case did to violate their duty of care and act negligently or recklessly. Common examples of this in truck accidents include speeding, falling asleep behind the wheel, and overloading vehicles with too much cargo, causing them to topple over when making turns.
Next is causation. Negligence alone is insufficient; plaintiffs must show the defendant’s negligence directly caused their injuries. Eyewitness and expert witness statements can greatly help victims establish causation. The fourth and final element is that the victim incurred real damages from the collision and their resulting injuries.
We will set the foundation for establishing these essential elements of your case in the original complaint we file with the court.
Victims who settle their claims out of court do not necessarily need to prove negligence to get damages but must convince the opposing side that they would satisfy the burden of proof if the case went to trial. Settlement negotiations often take time, and victims should not jump at the first offer from the defense, which might fail to compensate them for all losses from a collision fully. Victims should not feel pressured to accept lowball settlement offers and can go to court at any time before signing an agreement with the defense.
Call Our Attorneys for Help with Your Truck Accident Case in Beverly, MA
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case discussion with our truck accident lawyers.
