Hudson, MA Personal Injury Lawyer

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When victims file claims against at-fault parties in Hudson, getting compensation for personal injuries is possible. We can help victims initiate this process right away to improve their chances of recovery.

Winning injury claims is a challenging task, and we can help victims overcome common obstacles to compensation, starting with filing their claims on time. The deadline to sue is typically three years from an accident’s date in Hudson. We can then assess your case to determine whether comparative fault might be an issue. If so, we can make a plan to address that possible defense, such as by preserving eyewitness statements or other compelling evidence. The burden is on plaintiffs to meet the standard of proof, and we can organize evidence so that the jury sees it is more than likely the defendant caused your injuries, which will be necessary if your case goes to court. Even if your case settles, ensuring that the settlement agreement is fair is difficult, and our lawyers can compare offers to your total damages before advising you to accept a personal injury settlement.

For help with your case from our Worcester, MA personal injury lawyers, call the Law Office of John J. Sheehan now at (617) 925-6407.

Overcoming Common Obstacles to Compensation in Hudson, MA Personal Injury Cases

Getting compensation starts with filing a claim. That is a challenge in and of itself, as victims only have a short period of time to file lawsuits in Hudson. Other common obstacles to compensation include comparative fault rules, meeting the standard of proof, and negotiating fair settlements, all of which our lawyers may help victims overcome during their claims.

Filing on Time

Filing your lawsuit on time is one of the most important things to focus on after sustaining injuries because of negligence. Most injury claims are held to the three-year filing deadline in Hudson. In certain cases, the statute of limitations might get paused or tolled, giving victims more time than anticipated to sue. For example, when victims do not discover their injuries until a later date, the statute of limitations might toll for delayed discovery. It would then start to run from the date of discovery.

We can confirm the proper filing deadline for your case based on when it happened. Preparing claims with the statute of limitations in mind is necessary so that they stay on schedule. Our personal injury lawyers can immediately start gathering relevant documents, records, and evidence, including your medical records, police reports, and eyewitness statements. The sooner we initiate this process, the better, as it may enable us to file your claim well before the deadline in Hudson.

Comparative Fault

Massachusetts is a modified comparative fault state, meaning victims might recover fewer damages for sharing fault for their injuries. This is most often an issue in motor vehicle accident claims where the sequence of events is not immediately clear. To address the issue of comparative fault in auto accident cases, our lawyers may enlist crash reconstruction experts to determine which driver initiated the accident and why.

A victim’s contributory negligence will not bar them from recovering damages unless their liability outweighs the defendant’s, according to Mass. Gen. Laws Ch. 231, § 85. While building your case in Hudson, we can assess whether or not comparative fault could be an issue based on the evidence and what we can gauge from the defendant’s likely defense. We can then prepare an argument against comparative fault to reduce its effects on your recovery.

Standard of Proof

Civil claims must meet a standard of proof to succeed. This standard is a preponderance of the evidence standard. This means that plaintiffs must prove that a defendant more than likely caused their injuries. To do this, we must establish four elements: duty of care, breach of duty, causation, and damages.

A duty of care is a legal obligation to act with reasonable care and may vary slightly from relationship to relationship. For example, the duty of care a driver owes others on the road differs from the duty a doctor owes their patients, but a duty still exists nonetheless. People breach their duty of care when they act negligently or without reasonable care for the safety of others.

Causation is often the most challenging element of personal injury lawsuits to prove, as parties might owe victims a duty of care and breach it without directly causing their injuries. To prove causation, our lawyers may use a variety of evidence, including eyewitness statements and video evidence. We can also refer to your medical records from immediately after the accident to confirm you went to the hospital for treatment after sustaining injuries caused by the defendant.

Recording damages can be difficult for victims, especially when dealing with severe or debilitating injuries. We can handle tracking your losses due to negligence, including your medical bills and missed income. Non-economic damages are also compensable, and victims may document them by keeping journals, confiding in mental health professionals, or giving personal statements during their claims.

Negotiating Fair Settlements

Negotiating fair settlements is challenging, as defendants might put forth lowball offers and refuse to budge for some time. In response to unfair settlement proposals, our lawyers can assess counteroffers supported by evidence. We can continue negotiating with the other side until they agree to a fair settlement. We can help you take your case to court if that time does not come. Defendants often want to avoid trials, and indicating that you are ready for one could convince them to settle quickly and fairly.

Structured settlements are common in personal injury lawsuits, and our attorneys can negotiate favorable terms so that the payment schedule and amounts benefit you rather than the defendant.