Dracut, MA Personal Injury Lawyer
When your access to compensatory damages is on the line, avoiding issues with your personal injury claim in Dracut is paramount.
Issues with personal injury claims can start immediately after an accident. For example, if victims do not report incidents by calling the police or informing the negligent party in writing, that could be a problem. Our lawyers can make sure you report the incident and get the immediate medical care you need. Do not allow for any gaps in your treatment, as that could hurt your claim. Accept care from medical professionals and follow the treatment plan they give you. We can prioritize collecting evidence and tracking your damages so that we can bring your claim within the three-year window for personal injury lawsuits in Dracut.
You can call the Law Office of John J. Sheehan’s Dracut, MA personal injury lawyers at (617) 925-6407 to set up a free and confidential case assessment today.
Common Issues with Personal Injury Claims in Dracut, MA
Our lawyers can help victims avoid common issues with personal injury claims so that they do not run into any avoidable hurdles with their cases. For example, we can focus on collecting evidence and advise you to document the accident and get medical attention. We can also anticipate possible comparative fault defenses from defendants and help victims file their claims on time in Dracut.
No Documentation of the Accident
Not all accidents are serious at first. For example, one victim might immediately report a T-bone car accident to the police, but another hurt in a slip and fall might hesitate to call 911. With documentation of an accident, it can be easier to prove certain elements of a personal injury claim, like causation. Because of this, you can call the police any time you are hurt because of negligence.
Alternatively, victims might report accidents directly to negligent parties in writing. For example, if you tripped because of poor lighting in your apartment building’s common area, our attorneys could help you report the accident to your landlord.
After the accident, our personal injury lawyers can help you obtain the police report from the Dracut Police Department and review it for information that might help your claim, such as eyewitness contact information or officers’ opinions about the incident.
Gaps in Medical Treatment
Maintaining a consistent medical record is important following an accident due to negligence. When victims have gaps in their medical treatment, proving their injuries can be harder. For example, suppose you went to the emergency room following a bus accident, and doctors diagnosed you with a head injury. Then, say that after that visit, you missed several future medical appointments pertaining to your injury. The defendant might try to use your lack of commitment to your physical recovery against you to evade liability. So, you must get all necessary emergency and long-term medical treatment following an accident in Dracut.
Delayed Evidence Collection
The moments following an accident are often the most crucial for evidence collection. Victims can take it upon themselves to talk to eyewitnesses and take pictures of their injuries or property damage. Our lawyers can also prioritize collecting evidence that is most likely to degrade or disappear, like security camera footage. If the owner of a surveillance system does not know the footage is pertinent to your case, they might delete it.
We can also focus on interviewing eyewitnesses as soon as possible so that their memories do not fade. Eyewitness statements can be crucial evidence in personal injury claims, so it is important to prioritize obtaining them.
Comparative Negligence Defenses
Victims who do not anticipate comparative fault defenses might have issues with their cases. Under Mass. Gen. Laws Ch. 231, § 85, a victim can file a personal injury if their negligence does not outweigh the defendant’s, but the court will reduce their damages in proportion to their level of negligence. For example, if the jury finds you 20% at fault for the accident and the defendant 80% at fault, you would only recover 80% of your total damages. Comparative fault rules typically impact cases in which victims make inconsistent statements or mistakenly apologize for an accident. Our lawyers can help you prevent these types of mistakes from hurting your award by overseeing conversations with the opposing side, such as settlement negotiations.
Not Tracking Damages
Victims should start tracking their damages due to negligence immediately. Generally, your lawsuit should cover all medical expenses and lost wages from the incident. Our attorneys can help you organize medical bills as they come in and add them to your total damages. We can also include any additional out-of-pocket expense in your request for damages.
Do not underplay the pain and suffering you have experienced following an accident. Massachusetts allows injury victims to recover non-economic damages against negligent parties. To track your pain and suffering, you might consider keeping a journal or confiding in a trusted mental health professional.
Regardless of your total damages, you will need to submit proof of damages in your claim, which is why keeping track of losses and documenting them is crucial.
Missing the Statute of Limitations
Under Gen. Laws Ch. 260, § 2A, victims have three years to sue for injury following an accident. If you miss this deadline, the court may dismiss your case, leaving you without a pathway to recovery. In some instances, victims might get tolling for delayed discovery. This would change the accrual date from the date of the accident to the date the victim discovered their injuries. Do not assume you will get tolling for delayed discovery in your case, as doing so could cause you to miss the statute of limitations for your personal injury lawsuit in Dracut.
Call Our Dracut, MA Lawyers to Discuss Your Injury Claim
Call the Law Office of John J. Sheehan at (617) 925-6407 to have our personal injury lawyers review your case for free today.
