Franklin Town, MA Car Accident Lawyer

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It can be scary to think about, but a car accident can happen to anyone at any time they are on the road. Hazards like negligent drivers, defective vehicles, and poor road conditions are often not obvious until it is too late to do anything about it. Accidents caused by these issues, sadly, lead to serious injuries, or even death, for the victims. Caring for those injuries can rack up enormous medical bills that can feel overwhelming.

Fortunately, we can work with you. Our lawyers have represented countless plaintiffs injured in motor vehicle collisions, and we are ready to represent you next. Let us gather evidence, talk to opposing counsel and insurance companies, and build your legal argument so that you can focus on recovering from your car accident.

To have our experienced car accident attorneys go over your claim, call The Law Office of John J. Sheehan at (617) 925-6407.

What is Needed to Win a Car Accident Lawsuit in Franklin Town, MA?

To win a car accident case, you need to prove that another party was negligent. A party is negligent when they do a careless act that gets someone else hurt. You are only allowed to recover damages from a defendant that you prove is negligent. Thus, you must have some understanding of what that entails. Below, our lawyers will explain what is needed to prove negligence in a car accident case.

Duty

In law, a “duty” refers to an obligation one party has to another. For example, drivers have a duty to drive in a safe way so that they do not injure other drivers and pedestrians. Upholding this duty includes following traffic laws and making sound decisions while on the road.

Breach

Breach is the failure to uphold a duty. This term is often used in reference to contracts, but there is also a general duty people have to one another to act in a way that is not likely to cause accidents and injuries. In a car accident case, the breach could mean drunk driving, speeding, or another traffic infraction.

Cause

You also must prove that the defendant actually caused your injuries. When establishing cause in court, you must prove that the defendant is the “proximate” cause of your injuries. For example, suppose a defendant is speeding down a highway at double the speed limit. Another car then does not check its mirrors before switching lanes, and the defendant tries to swerve out of the way but, unfortunately, hits you in the process. One may try to blame the driver who switched lands without looking for the accident. Indeed, they did help to cause it, but their liability is cut off by the conduct of the speeding driver, who would be the proximate cause of the accident in question.

Injury

Finally, you need to prove that you were actually injured. This can be done through medical records, testimony, and even your physical state at the time of trial.

Damages in Franklin Town, MA Car Collision Cases

If you can prove that the defendant was negligent in your case, you will get damages from the defendant. The court uses damages as a method of “turning back time” on the plaintiff’s situation before they got injured. When you ask the court to award you damages, you also need to explain the basis for those damages. In a car accident lawsuit, you could base damages on many different things, including:

Medical Bills

The cost of your medical treatment is likely to be a central part of what you ask for in damages. Things like surgery, intensive care, and other medical expenses can easily add up and be a significant financial burden. Accordingly, the court lets you get compensation for medical expenses as damages.

Lost Wages and Income

If you missed out on opportunities to earn money because of your car accident, that can also factor into damages. This could mean missed pay from missed time at work, a difference in pay from needing to take a job that pays less due to your injuries, or an estimate of what your income would be for the remainder of your career if you can no longer work because of your injuries.

Property Damage

Replacing a totaled car or taking a badly damaged vehicle to the shop can become very expensive. There are often “hidden” expenses that come up as a mechanic begins work on a vehicle. Accordingly, courts let you get compensated for the property damage the defendant caused.

Pain and Suffering

While the value of things like car repair bills, lost income, and medical bills can be proven relatively easily through physical evidence, other harms that can pay you damages are not tangible and set by documented receipts and bills like your other damages. For example, you can request damages for “pain and suffering,” referring to the physical pain and discomfort you experienced – and continue to experience – due to your car accident, as well as the mental and emotional effects of the accident. Defense attorneys may try to fight over the value of these things, so we will have to argue their worth persuasively to the court.

Generally No Punitive Damages Allowed

You may be aware of something called punitive damages. Punitive damages are meant to punish defendants for their bad conduct. In Massachusetts, these damages are only available when a defendant maliciously causes an accident, and that accident results in death. If your situation meets those criteria, you should discuss punitive damages with our attorneys; otherwise, they are off the table.