Car accidents are one of the most common causes of negligent injuries. Fortunately, our lawyers are here to help you get the compensation you deserve.
Recovering full compensation for your damages can be difficult under Massachusetts no-fault insurance rules. Your own insurance will cover a limited amount of your medical bills and lost income without having to prove the other driver’s negligence, but it will not compensate non-monetary losses, like pain and suffering. Our team can help overcome the challenges and file a lawsuit by showing that your injuries are serious. You can also file a lawsuit for economic and non-economic damages if your medical costs are over $2,000, which is a relatively low bar considering the cost of medical treatment.
For a free case assessment with our car accident attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.
Auto Accident Insurance Rules in Hopkinton
Massachusetts is one of the few states that uses a “no-fault” car insurance system. This means that after a car accident, your own insurance, known as PIP (personal injury protection), pays for some of your medical care and other expenses for anyone covered under your policy.
This payment is made up to the limits of your coverage, regardless of who was at fault in the accident.
Besides medical bills, PIP will also cover up to 75% of your lost wages if your injuries keep you out of work.
However, PIP will not compensate you for your non-economic losses, also known as “pain and suffering.” Thus, you will be left covering some of your damages if you cannot pursue compensation outside of the no-fault system.
Suing for Car Accident Injuries in Hopkinton
To get around no-fault insurance rules and file a lawsuit, you must meet certain criteria under Mass. Gen. Laws Ch. 231, § 6D.
For instance, you can sue after a car accident if your necessary and reasonable medical expenses exceed $2,000. Some of the expenses that count to this total include those for the ambulance, hospital, surgery, diagnostic testing, dental services, and funeral costs.
You can also file a lawsuit if you suffered “serious injuries.” This definition includes fractures, death, whole or partial loss of a body part, serious and permanent disfigurement, loss of hearing or sight, and death. Our car accident attorneys can gather the necessary records to overcome this threshold.
If you qualify under this rule, you can also file a third-party liability claim against the other driver’s insurance. We can start by filing an insurance claim to attempt a settlement before determining whether a lawsuit is necessary. If the insurance company is unwilling to settle, we can file your lawsuit and proceed to trial.
Elements of a Hopkinton Car Accident Case
Several elements must be proved to recover compensation after a car accident. If one of the following elements is not established, the case will not be successful.
Duty of Care
All drivers have a duty to use reasonable care and act responsibly when driving. This means following traffic laws, driving at safe speeds, and staying focused on the road and other drivers.
Breach of Duty
A breach of duty happens when a driver does not take proper care on the road, usually because of negligence.
Examples of breaches include speeding, running a red light, texting while driving, or not giving the right-of-way.
However, the other driver does not need to violate a traffic law to be held liable in a lawsuit. Breach of duty can also be shown if their actions were not something a reasonable person would have done under the circumstances.
Causation
The causation element shows a direct connection between the defendant’s failure to act properly, the car accident, and your injuries.
Basically, we must show that the accident would not have happened if the defendant had not breached their duty of care. This means ruling out other potential causes of your damages, such as prior injuries or conditions.
However, you can still claim that the other driver caused your damages if they worsened your previous injuries.
Damages
Damages are the losses or harm that you suffered because of the other driver’s negligence.
Common legal damages include costs for medical treatment, lost pay, pain and suffering, property damage, and other related expenses.
If the defendant caused the death of a loved one in a car accident, you might be able to claim punitive damages if their conduct was especially egregious.
Evidence that Can Help Prove Your Car Accident Case in Hopkinton
You will typically need several types of evidence to prove the elements above.
Accident Reports
You should report your accident to the police as soon as your injuries allow. The police will investigate the crash and write a report containing their findings.
Police reports typically include details of the accident scene, note any traffic violations, and include statements from the drivers, passengers, and witnesses involved. We can determine which law enforcement agency drafted your report and obtain it for you.
Photographs
Photos can preserve evidence that effectively shows the damage to vehicles and the accident scene. Be sure to photograph wreckage on the road, street signs, traffic signals, and any other details that seem relevant.
You should also take pictures of your injuries at the scene or at the hospital. This will show your injuries’ severity at the time the accident happened.
Witness Statements
Witnesses who saw what happened can provide important information about the events leading to the accident and its aftermath. The case’s credibility will likely increase by having neutral witnesses back up your claims.
Medical Records
You usually cannot recover damages and prove the accident caused them if you do not have medical records. Remember, you must show you have one of the injuries above, which will require medical evidence.
Go to the emergency room after your crash, even if you feel fine. If your doctors prescribe a certain treatment plan, follow it and do not miss appointments. This way, we will have a complete diagnosis of your condition and will know what damages to claim.
Call Our Hopkinton Car Accident Lawyers Today for Help
Contact the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our car accident lawyers.