Framingham, MA Truck Accident Lawyer
Truck accidents are catastrophic experiences for those involved. Getting hit by an 18-wheeler, semi truck, or other big commercial vehicle almost invariably results in severe injuries for ordinary motorists. After a truck accident, you could spend months recovering from your injuries and incur enormous medical expenses. This is to say nothing of any mental distress you may have suffered from the experience.
Fortunately, the law gives you ways to get compensation for your injuries after a truck accident. If you were injured because of another party’s negligence, you can file a lawsuit against them to recover damages. Our lawyers can assist you through every step of the legal process, from gathering evidence to representing you through trial.
Call our truck accident lawyers with the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Statute of Limitations for Truck Accident Lawsuits in Framingham, MA
The law requires that you file lawsuits promptly to be able to recover damages. This is because of a rule called the statute of limitations, which limits how long you have to file a lawsuit. In Massachusetts, the statute of limitations for personal injury lawsuits, including truck accidents, is three years per Mass. Gen. Laws Ch. 260, § 2A. After that time, if you try to file a lawsuit, a court will not hear your case, and you will not be able to recover any damages.
There are some exceptions to this general rule. For example, if your truck accident was a hit-and-run accident, Massachusetts law requires that the lawsuit be filed within six months of the discovery of the driver’s identity per Mass. Gen. Laws Ch. 260 § 4B. Additionally, the statute of limitations is “tolled,” or put on hold, for minors. So if a 17-year-old is involved in a truck accident, the three-year timer does not start until they turn 18 per Mass. Gen. Laws Ch. 260 §7.
Injuries From Truck Accidents in Framingham, MA
The injuries from truck accidents are often life-altering. While that might sound intimidating, it is the truth. This is in part because of the massive size and weight difference between big rigs and ordinary vehicles. Detailing the injuries you received in your truck accident is important to our lawyers because it helps to establish why you are asking the court to award you damages.
Broken bones are common in motor vehicle accidents of all kinds. The force from getting hit by a semi truck or 18-wheeler can easily crush limbs, ribs, pelvic bones, or the spinal column. It is not uncommon to undergo intensive surgical procedures for broken bones after a truck accident.
Some of the deadliest injuries you can get in a truck accident might leave little to no trace on the outside of the body. Strong forces like those experienced in a truck accident have the potential to damage internal organs like the liver, spleen, lungs, and heart. There is also the potential for truck accidents to cause internal bleeding, which could be fatal without immediate medical attention.
Traumatic Brain Injuries
A traumatic brain injury (TBI) occurs when your head gets hit by a strong force that damages the brain, pierces the skull, or both. All TBIs should be taken incredibly seriously. Even a mild traumatic brain injury like a concussion can have serious side effects like sensitivity to light and sound, painful headaches and migraines, fatigue, and difficulty concentrating. Moreover, repeated concussions and mild TBIs compound their effects. Each subsequent TBI will be worse than the one before it.
Traumatic brain injuries that are more severe than mere concussions have even greater consequences. You could lose the ability to do very basic things like speaking or walking. Partial or full memory loss from a portion of your life is also possible, as is permanent cognitive damage. In the most serious cases, traumatic brain injuries can be fatal.
Calculating Damages in a Framingham, MA Truck Accident Lawsuit
If you prove that the defendant is liable for your injuries, the court will award you damages based on your injuries. Damages are based on economic factors, like lost income from missing work, hospital bills, and property damage, as well as non-economic factors, such as mental anguish or pain and suffering. In your truck accident lawsuit, you have to specify to the court how much you are asking for in damages. In consultation with our lawyers, you can come up with an amount that is appropriate for your situation. There is no set way to calculate damages, but we will go over two of the main ways to calculate damages in a personal injury lawsuit.
The Multiple Method
The multiple method of calculating damages is heavily based on your economic damages. The way this method works is to first figure out your economic damages from medical bills, lost income from work, and costs of recovering from your injuries, and then use a multiple of your economic damages as your non-economic damages.
The “Per Diem” Method
An alternate method of calculating damages is the “Per diem” or “daily” method. Like the multiple methods, this method first calculates economic damages. For non-economic damages, the per diem method comes up with a dollar amount for each day you were dealing with your injuries. This method is better suited to damages for injuries that can be fully recovered since, otherwise, the amount of damages is not concrete because there is no end to the number of days you are dealing with your injuries.
Our Framingham, MA, Truck Accident Lawyers are Ready to Help
The Law Office of John J. Sheehan’s truck accident lawyers are ready to discuss your case when you call (617) 925-6407.