Chelsea, MA Car Accident Lawyer
For most people, driving is a routine part of their day. But no routine human activity is without accidents. Car accidents are traumatic events and car accident victims can be left with both physical and emotional injuries. Rising medical expenses, lost wages, and property damage are just a few challenges that car accident victims might need to overcome during recovery.
A Chelsea car accident lawyer can help you recover the compensation that you are entitled to. Proving a car accident injury lawsuit is no small task and requires several elements to be established to prevail on your car accident injury claim. Massachusetts insurance laws and deadlines could also have a major impact on the compensation available to you. Even if you believe you may be partially to blame for an accident, you are not without options. A Chelsea car accident lawyer can help you determine if the other driver was more negligent in causing the car accident than you.
If you were injured because of a car accident in Chelsea, MA, get help from our experienced Chelsea car accident lawyers today. Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case assessment.
Common Causes of Car Accidents in Chelsea, MA
Careless or reckless drivers can cause catastrophic accidents leading to severe or fatal injuries. There are numerous ways car accidents can happen. The following is a list of the most common reasons for car accidents in Chelsea:
- Distracted or texting drivers
- Speeding
- Improper lanes changes
- Drunk driving
- Tailgating
- Running red lights or stop signs
- Reckless driving
Regardless of how your car accident occurred, our Chelsea car accident lawyers can help you craft the right legal strategy for your car accident claim.
Proving a Car Accident Lawsuit in Chelsea, MA
The true value of a car accident lawyer representing you in your car accident lawsuit is having someone with the necessary experience and knowledge of what is required to successfully prove your case. Car accident cases are difficult to prove, and four distinct requirements must be established to show that the other driver was at fault.
Duty
Driving a car is a privilege and so drivers are expected to use reasonable care when operating their cars. They owe this duty to other drivers, pedestrians, and themselves. Typically, the duty in question is the duty to follow traffic laws.
Breach
When a driver fails to use reasonable care or violates a specific statutory duty, they have breached their duty of care. Essentially, the breach of duty is the negligent act the driver commits that causes the car accident.
Causation
The third element is generally the hardest to prove and the one most argued over by attorneys. A Chelsea car accident lawyer will need to demonstrate with evidence that the other driver’s negligent act caused the injuries you claim in your car accident lawsuit.
Damages
For the final element you will need to show is that you suffered actual damages. The most common types of damages are economic ones, like medical expenses for treatment and lost wages. You could have also suffered non-economic damages, like pain and suffering.
How Massachusetts’ No-Fault Laws Impact Your Chelsea, MA Car Accident Claim
Massachusetts is a no-fault state, meaning that victims of a car accident are compensated from their own insurance, despite who caused the accident. The purpose of no-fault laws is to limit the amount of car accident lawsuits being filed with the court and typically prevents victims from bringing a car accident injury claim. You may, however, file a car accident injury lawsuit if you suffered a serious injury in the accident. An injury is considered serious if it results in any of the following:
- $2,000 in medical expenses
- Permanent and substantial disfigurement
- Broken bones
- Substantial loss of hearing or sight
Our Chelsea car accident lawyers can help you determine if your injuries were serious enough to file a car accident lawsuit.
Time Limit to File Your Car Accident Lawsuit in Chelsea, MA
The time limit to file your car accident lawsuit is known as the statute of limitations and is encoded in Mass. Gen. Laws Ch. 260, § 2A. Chelsea car accident victims will have three years from the date of the accident to file their lawsuit. If you fail to comply with this deadline, your claim will not be entertained by the court and will be dismissed.
It is important to get your car accident case started as quickly as possible. Important evidence can get lost or grow stale. Key facts or details could also be lost to time as the memory of the accident becomes less fresh. Our Chelsea car accident lawyers can help you make sure that deadlines are met, and crucial evidence is preserved.
How Fault is Determined in Chelsea, MA Car Accident Lawsuits
Car accidents are rarely straightforward situations and determining who was at fault can be challenging. In many car accident cases, more than one driver contributed to causing the accident. The compensation that the victim of a car accident injury can recover will be apportioned based on the percentage of each driver’s fault, a concept known as comparative negligence. For example, if the court determined that you were 10% at fault while the other driver was 90% at fault, the court would order the other driver to pay 90% of your damages, leaving you responsible for covering the remaining 10% of expenses.
However, if the court finds that you were more than 50% to blame for the accident, you will have been barred from receiving compensation. Our Chelsea car accident lawyers will evaluate your case to help you determine if any actions on your part affect your chances of recovery.
If You Were Injured in a Car Accident in Chelsea, MA, Our Chelsea Car Accident Lawyers Can Help
If you were injured in a car accident because of a negligent driver, our experienced Chelsea car accident lawyers are ready to help you. Call the Law Office of John J. Sheehan at (617) 925-6407 today for a free case review.
