Falmouth, MA Personal Injury Lawyer

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Whether you were injured in a car accident or slip and fall incident in Falmouth, you may have reason to file a personal injury lawsuit to recover damages.

Honestly assessing a personal injury claim’s strengths and weaknesses from the onset is important. Our lawyers will review the available information about the accident and identify areas where we can introduce additional evidence to further strengthen your case. During this time, we can prepare you for how Massachusetts’ comparative fault laws might impact your case and make a plan to address that possible scenario. Generally speaking, if someone owed you a duty of care and breached it, resulting in your injuries and damages, you can file a lawsuit for personal injury in Falmouth. Our lawyers can help you prepare for what the litigation process might entail so that you know what to expect moving forward with your case.

You can call our Falmouth, MA personal injury lawyers at (617) 925-6407 to get help with your case from the Law Office of John J. Sheehan.

Assessing the Strength of Your Personal Injury Claim in Falmouth, MA

When reviewing your case in its entirety, our lawyers will assess its strength and identify ways in which we can increase the chances of your recovery following an accident that leaves you injured in Falmouth.

Our attorneys will start by reviewing the available evidence to assess the strength of your current claim. Did you take photos of your injuries and property damage after the incident? Did you report the accident to the police? Did you go to the emergency room immediately, or did you wait several days for medical treatment? Your answers to these questions will indicate the current status of your claim and point our lawyers in the direction of important evidence or information.

For example, if you reported the accident to law enforcement, they likely completed a report. After reviewing this report, despite its admissibility in your case, our lawyers can gain deeper insight into the specifics of the accident, like its location, date, time, and involved parties.

Whether or not eyewitnesses saw the accident happen could weaken or strengthen your case. Our personal injury lawyers can locate and interview eyewitnesses in the aftermath of the accident to get their statements before their memories fade.

During this time, we might decide that expert testimony will benefit your case. For example, medical experts may be able to review your records from various treatments and hospital visits to assess the current state of your physical condition and give the jury insight into the future care you might need. We will also anticipate arguments of comparative fault and aim to subvert them. Under Mass. Gen. Laws Ch. 231, § 85, personal injury plaintiffs are blocked from recovery when they are at more fault than defendants. Even if your percentage of blame is lower than that of the defendant in your case, the jury could reduce the damages you are awarded if you share fault for your injuries.

Reasons to Sue for Personal Injury in Falmouth, MA

Victims bring personal injury claims when injured because of another person’s negligence. Our attorneys can review the specifics of your case to determine if the other party owed you a duty of care and breached it, causing your damages and injuries in Falmouth.

Auto, bike, construction, workplace, slip and fall, pedestrian, and defective equipment accidents are all top reasons why victims file personal injury lawsuits in Falmouth. Though varied, these accidents all have one thing in common: one party owed the other a duty of care and acted negligently, breaching it. Levels of duties of care differ, depending on the relationship at play. For example, a driver owes a duty to other drivers to follow traffic laws. Comparatively, a property owner owes a duty to visitors to maintain a reasonably safe environment.

Regardless of the accident’s cause, our attorneys will review the evidence to pinpoint how the defendant acted negligently. For example, if you were hurt in a car accident, we may be able to obtain surveillance footage showing the at-fault driver speeding or negligently merging into your lane. Or, if you were hurt at work because of a defective product, we might review the supply chain for that equipment, tying it back to a negligent manufacturer. Identifying who is liable for your injuries will be necessary so that we can ultimately gather evidence that points to their negligence.

How to Prepare for a Personal Injury Case in Falmouth, MA

The world of personal injury can be challenging to navigate, especially for victims who have never been through a lawsuit before. Fortunately, our lawyers can prepare victims for what to expect during a personal injury case so that they feel comfortable and confident moving forward.

The first thing to familiarize yourself with is the statute of limitations. Under Mass. Gen. Laws Ch. 260, § 2A, victims in Falmouth have three years to file lawsuits against negligent parties. The court strictly enforces this filing deadline and may dismiss any case that does not adhere to it.

If you were hurt in an auto accident, whether as a driver, passenger, or pedestrian, we may have to consider how Massachusetts’ serious injury threshold applies to your case. Victims can only sue for auto accidents if they have incurred an excess of $2,000 in medical bills or sustained a serious injury, as defined in Mass. Gen. Laws Ch. 231, § 6D.

Whether or not the serious injury threshold applies to your case, your injuries will be of interest to the jury. Because of this, victims must prioritize getting immediate and continuous medical care. Along with documenting your physical recovery, you should keep any records pertaining to your financial losses, such as your lost wages and medical bills. This will make presenting proof of your damages to the jury easier if you take your case to court in Falmouth.