The picturesque streets of Cambridge draw admiration from all around. Unfortunately, they also draw lots of traffic too. Car accidents are a frequent occurrence on our busy streets, but fortunately in most cases, they do not result in serious injuries. When they do, however, it is wise for those involved to take prompt action to protect their rights.
A knowledgeable Cambridge car accident lawyer could provide advice and counsel to anyone suffering the effects of a car crash. Since vehicle collisions often leave long term injuries, it may be helpful to consult with a well-versed attorney who has experience in dealing with these cases.
Statute of Limitations in Car Accident Cases
The Massachusetts government has a time limit for which a claim must be filed. To preserve the right to receive compensation, an individual must file a lawsuit within three years of the accident. Claims filed after that time would be denied. Although it is possible to reach a settlement after three years have passed, it is not likely because the other party may know that there is no recourse to legal action.
It is recommended to begin collecting evidence as soon as possible. Photos of vehicles, injuries, and the accident scene are best taken as close to the time of the incident as possible. It is also wise to locate witnesses, video footage, and other evidence and take steps to preserve evidence so it is available later either for negotiating a settlement or presenting in court. A Cambridge car accident lawyer could provide you with assistance in the process of investigating and securing evidence.
Comparative Negligence May Reduce a Compensation Award
In order to receive compensation for injuries suffered in a car crash, it is usually necessary to demonstrate that another party’s negligence caused the accident. If someone injured in that accident also acted negligently and that negligence contributed to the injury, the opposing party may argue that the claim should be barred because of the victim’s own negligence.
However, under the state comparative negligence rule, the contributing negligence would only bar a claim if the person seeking recovery is 51 percent or more to blame for the injury, as per Massachusetts General Laws Ch. 231, §85. A percentage of faultless than 51 percent would reduce the amount awarded by a proportionate percent, but not prevent recovery.
Work with a Cambridge Car Accident Attorney Today
A car accident can leave long term consequences including a need for continuing medical care and therapy, emotional scars, and physical pain. In addition, those involved in car accidents often miss time from work, resulting in lost wages. To meet past and future needs, compensation may be available from the party at fault for the accident.
A dedicated Cambridge car accident lawyer could evaluate your situation to determine the value of past expenses, future needs, and intangible effects such as pain and suffering. These amounts can be factored to determine an appropriate amount to seek via settlement or lawsuit. To schedule a consultation regarding your case, call now.