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
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.