Brookline, MA Personal Injury Lawyer

People sometimes avoid filing personal injury lawsuits, often because of the unfair reputation these lawsuits have for being frivolous or petty. In reality, personal injuries can be extremely serious, even debilitating, and the person responsible should pay.

You may begin a personal injury lawsuit by speaking with an attorney, evaluating your damages, and finding evidence to support your claims for compensation. In many cases, insurance might cover some of your costs, but that does not mean a lawsuit is not an option. Insurance companies often do not like to pay for the full value of a claimant’s injuries, and a lawsuit might be necessary to cover the remainder of your damages. Our legal team has handled numerous accident and injury claims, and we are ready to assist you. Evidence can be tricky, and it varies based on your unique circumstances. Physical evidence, witness testimony, and other forms of evidence might be important in your lawsuit.

Call our experienced personal injury attorneys at the Law Office of John J. Sheehan at (617) 925-6407 to schedule an evaluation of your potential injury claims for no charge.

How to File a Personal Injury Lawsuit in Brookline, MA

Filing a lawsuit sounds like nothing more than submitting some paperwork. This is not entirely untrue, but it is usually the very last step in the long legal process of preparing your case. Our personal injury attorneys must evaluate your claims, damages, and evidence to prepare a formal complaint before filing anything.

Preparing your lawsuit is half the battle. When filing the initial complaint to kick off your lawsuit, we need to provide very thorough and specific details about the case. Information about the parties involved, how your injuries occurred, and why you believe the defendant should be held liable are all required. If any details are insufficient, the complaint might be rejected.

We must also show the court that enough evidence exists to warrant a lawsuit and trial. Courts are extremely busy and cannot afford to entertain every case and complaint that comes their way. We must show that your claims are more than baseless allegations by providing some evidence. We need enough evidence to show your claim is legally valid, but not necessarily all possible evidence.

When we file the lawsuit, we must also formally notify the defendant. Notice requirements for civil lawsuits are very strict and extremely important. The defendant must be notified so that they can file an answer to the complaint. If we fail to provide notice as the law requires, the case might be thrown out.

Insurance Coverage for Personal Injuries in Brookline, MA

Insurance is complicated even on a good day, and it sometimes applies in personal injury cases, depending on the situation. For example, if you were injured in a car accident, your auto insurance might cover some of your damages. You might also have coverage for medical expenses from your health insurance.

You should speak to your attorney about possible insurance claims when you begin your lawsuit. Even if you do not have insurance, the defendant might, and you might be able to file a third-party claim. Massachusetts is a no-fault state when it comes to insurance for auto accidents. Drivers in this state are required to carry personal injury protection (PIP) insurance that covers medical costs, a maximum of 75% of lost income, and vehicle replacement costs of up to $8,000.

The good thing about no-fault insurance is that you do not have to prove fault and may file with your own insurance provider. The bad news is that insurance coverage is often insufficient to meet all your needs. On top of that, you cannot sue unless you meet the state’s “serious injury” rule. Under this rule, lawsuits for a car accident cannot go forward unless the plaintiff experiences serious injuries as defined by law. Talk to your attorney about whether your case meets the necessary criteria.

If some of your damages are covered by insurance, you should not have to claim reduced damages in a lawsuit. For example, if your total damages amount to $100,000, but insurance only covers $25,000, you do not have to claim only $75,000. You may claim the full value of your damages. However, the insurance companies may seek reimbursement for anything they have paid.

Personal Injury Cases Our Brookline, MA Attorneys Have Handled

The legal field surrounding personal injury cases is very broad, and numerous accidents, injuries, or claims might be implicated in a personal injury case. As such, different personal injury lawyers might have experience with different kinds of cases. It is important to discuss your case with a lawyer who has handled cases similar to yours in the past.

Our dedicated team of attorneys has experience with multiple areas of personal injury lawyers, including, but not limited to, the following:

• Auto Accidents
• Bike Accidents
• Construction Accidents
• Damaged or Defective Products
• Medical Malpractice and Brain Injuries
• Slip and Fall Injuries
• Workplace Accidents
• Wrongful Deaths
• Workers Compensation

Evidence for Personal Injury Claims in Brookline, MA

Evidence is the lifeblood of almost any personal injury case. Without enough evidence, you are unlikely to win and might not get any compensation for your grievous losses and injuries. Where you should look for evidence and what kind of evidence might be important depends on the nature of your claim. As such, your attorney can help you find what you need.

In cases involving accidents, evidence can often be found at the accident scene. Physical evidence might be important if your injuries are connected to some tangible object. For example, if you were injured on a construction site by a defective power tool, we need the defective tool as physical evidence. You might also find other evidence from the scene, like photos taken the day of the accident or even security camera footage.

Injuries often occur where other people can see them. For example, a car accident usually happens in front of other drivers, passengers, or pedestrians. Construction accidents might occur in full view of other construction workers. A slip and fall might happen in a crowded location. Witnesses can provide valuable testimony about what they saw when you were injured. Although witness testimony is sometimes shaky, it can be very powerful when multiple witness stories align.

Contact Our Brookline, MA Personal Injury Attorneys About Your Case Today

Call our dedicated team of personal injury attorneys at the Law Office of John J. Sheehan at (617) 925-6407 to arrange an assessment of your claims for no cost.

Evidence You Might Need for a Brockton, MA Personal Injury Case

Evidence is the backbone of your lawsuit. Without evidence, your claim will likely be rejected before it reaches a courtroom. Evidence might come from almost anywhere and may be useful if it shows that the defendant was negligent. Some plaintiffs are fortunate enough to have a plethora of evidence to draw upon. Others are not so lucky, and evidence might be hard to come by. Our injury attorneys can help you find the evidence you need to get compensation for your injuries.

Accident Reports

Accident reports are often very helpful during negotiations with the insurance company. If you were injured in a car collision, you should report it to the police immediately. They will get you and the other driver’s information, witness statements, and note whether the other driver was cited for the accident and observations they made of the wreckage and scene. Our team can determine which law enforcement agency investigated your crash and get the report for you.

It is also a good idea to report an accident that happens on another person’s property. Perhaps you slipped and fell while eating at a restaurant or were assaulted because a nightclub had inadequate security for an event. Report it to the manager if you can, as they will usually make an official report. After we file your claim, we can demand the defendant turn over any reports they made and other documents relevant to your case.

Photos and Surveillance Video

A lot of important evidence might come directly from the accident scene. For example, if you were injured in a car accident, you can take pictures of the scene to preserve important details for court. We will also check if your accident was captured on a nearby security camera. Video footage of your injuries as they occurred might be some of the strongest evidence possible.

Medical Records

We will need your medical records to prove the injuries you sustained during the accident. Because this is so important, do not delay treatment after being injured, even if your injuries appear minor.

For example, whiplash, which is common during rear-end car accidents, often initially feels like normal stiffness or slight discomfort but might exacerbate if left untreated. Our team can handle requesting, collecting, and organizing medical records so we can show your exact diagnoses and timeline of care.

In addition to getting immediate treatment, you should not stop your care or miss any scheduled doctor visits before you fully physically recover, as that could create gaps in your medical records that jeopardize your case.

Witness Testimony

Witnesses may also be an incredibly important source of evidence in the form of testimony. If a person has direct, first-hand knowledge relevant to your case, they can testify in court about what they know. Even though witnesses do not present tangible evidence, testimony can be very persuasive and powerful.

Expert Witness Testimony

In some cases, individuals who did not directly witness an accident or injury can still provide valuable scientific and technical insights that are crucial to understanding the events leading up to and after the incident.

Expert witnesses can help prove liability or offer perspectives on how your injuries will heal over time and what long-term issues you might face in the future. Experts from various fields can support your case by thoroughly analyzing the facts and relay their findings to the court, helping to clarify complex topics.

The experts our lawyers work with often include medical professionals, manufacturing experts, and accident reconstruction analysts, among others. Unlike eyewitnesses, experts can use their experience and training to offer informed opinions, which can significantly influence the outcome of your case, especially to help combat the opinions of the defense’s expert witnesses.

Preparing for Personal Injury Settlement Negotiations in Brockton, MA

Personal injury claims often settle out of court, though ensuring these agreements are fair is crucial. Accepting and signing a settlement offer would end your case. If the offer you accept is poor, some of your losses might go uncompensated, which we can help avoid.

We must estimate your claim’s total value before filing your case or negotiating a settlement. This requires our lawyers to carefully examine all economic and non-economic damages, including smaller expenses victims might not initially consider, like transportation accommodations, so that they can get to and from doctor visits. Having a number in mind regarding your deserved recovery is important, as this will allow us to identify poor offers from the defendant quickly.

Negotiating settlements can take time, as defendants want to minimize the amount they have to pay victims. Despite that, our lawyers may be able to get the opposing side to substantially increase their offers, particularly after leveraging evidence that would be compelling to a jury if your case went to trial. For example, having qualified experts give their opinions on certain matters, like whether a victim’s injuries are permanent, can strengthen claims, convincing defendants to hike up their settlement proposals to keep cases out of court.

Our personal injury lawyers would not settle your case to benefit the defendant, so if offers continue to be unfair, we may proceed with a trial. Because negligent parties typically want to avoid court cases, they may increase offers after hearing we are prepared to move forward with a trial. Even during a trial, the defense may send offers to end the case, and we can consider those proposals as well.

Call Our Brockton, MA Personal Injury Attorneys for Help

For a free case assessment, call the Law Office of John J. Sheehan’s personal injury lawyers at (617) 925-6407.