Burlington, MA Car Accident Lawyer
There are several types of serious injuries that car accidents may cause. For instance, victims often sustain broken bones, internal injuries, head injuries, and spinal cord damage. In such cases, injured motorists may be able to sue the drivers who hit them.
The path to compensation in a car accident lawsuit can take days to months to years to complete. In order to recover payment in your case, you will have to show that your crash happened as a result of another driver’s negligence. However, the defendant will likely attempt to dispute crucial elements of your claim.
In the aftermath of a car crash in Burlington, seek assistance from our experienced car accident lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407.
Factors Used to Determine What Your Car Accident Case is Worth in Burlington, MA
Each car accident lawsuit is unique. There is a wide array of factors that may be analyzed to determine what plaintiffs are owed. During a free assessment of your potential case, our car accident lawyers will evaluate each of the following to determine what your claim is worth:
The Type and Severity of Your Injuries
Typically, plaintiffs with more severe injuries will incur greater amounts of monetary damages. For instance, a victim who sustains a spinal cord injury may require more costly medical procedures that someone who incurs a soft tissue injury.
Furthermore, those who sustain more severe injuries may pursue greater payment for their physical pain and emotional anguish. For instance, in addition to suffering great physical pain, a victim with a traumatic brain injury may be unable to partake in their favorite hobbies or engage in relationships with family members. In that case, the plaintiff could pursue significant compensation for both the physical pain and emotional stress caused by their injury.
Still, any damages you sustain as the result of your car accident injuries may be compensated for. If you were hurt because of a car accident, you should not hesitate to seek monetary damages.
Each Party’s Degree of Fault
Another factor used to assess the worth of your car accident claim will be each party’s degree of fault. Massachusetts courts abide by the rules of modified comparative fault. This means that damages in car accident lawsuits are apportioned based on each party’s degree of blame. As an example, if you are 30% at fault for your accident while the defendant is 70% responsible, then the defendant will only have to pay for 70% of the damages caused by your accident while you are left to account for the remaining 30%.
If you are over 50% at fault for your accident, then you will not be able to file a lawsuit against the other driver. Many defendants and their insurance companies will attempt to blame plaintiffs for their collisions. Accordingly, it is important to have competent legal representation on your side when seeking to establish another driver’s degree of fault.
Ability to Return to Work
Furthermore, your ability to return to work will play a major role in determining your claim’s worth. Car accident victims may obtain payment for any lost income they sustain because of their injuries. These damages are often calculated using workers’ average weekly wages.
If your injuries permanently restrict your ability to perform work going forward, then you may also seek damages for your lost earning capacity in the future. However, establishing these damages can be a more complicated process. Expert witness testimony is often required to support these types of claims.
Out-of-Pocket Expenses
Plaintiffs in car accident lawsuits can also pursue payment for out-of-pocket expenses they suffered because of their injuries. Several types of expenses may be compensated for. For example, a parent involved in a harmful motor vehicle collision may have to pay for costly assistance with child care while their injuries heal. Furthermore, a victim who sustained disabling injuries may have to pay for expensive transportation to and from court proceedings and medical appointments. In such cases, plaintiffs could obtain monetary damages for the out-of-pocket expenses they sustained. Still, they must prove that these damages are related to their car accident injuries.
Amount of Property Damage Caused by Your Accident
Finally, the amount of property damage caused by your accident will also be used to determine what you are owed. If your vehicle was damaged as a result of your crash, then you may pursue payment for the cost of its repair or replacement.
You should always take photos of your damaged car in the immediate aftermath of your crash. The defendant may attempt to assert that certain damage was caused by something other than your accident. By taking photos at the scene, you may be able to prove that the other driver is responsible for the full extent of property damage you sustained.
Evaluating Settlement Offers in Burlington Car Accident Cases
After filling your car accident lawsuit, the defendant will likely present you with a settlement offer before going to trial. If you accept a settlement offer, then the at-fault party will pay you a specific sum of damages in exchange for your claim being voluntarily dismissed. There are multiple advantages to settling early. For instance, you may save on some of the costs associated with going to trial. Also, by settling early, you may acquire monetary damages more quickly.
Unfortunately, a high number of defendants try to settle their car accident cases cheaply and quickly. The first settlement offer you are presented with may be worth much less than the true value of your claim. Accordingly, you may have to go to trial to recover the full extent of financial compensation you deserve. However, if your case is unsuccessful at trial, you may receive nothing for your injuries.
Injured Motorists in Burlington, MA Can Call Our Attorneys for Help
If you were hurt because of a car crash, seek guidance from our experienced car accident attorneys by calling Law Office of John J. Sheehan at (617) 925-6407 for a free evaluation of your potential case.
