Hudson, MA Car Accident Lawyer
After a negligent driver injures you in Hudson, you deserve to be compensated for all the damages they caused you. To do this, you should consider filing a lawsuit against them.
Many injury victims are overwhelmed just following a crash and need some time to consider their options. Our lawyers can help you review those options and which will be most likely to get you the compensation you deserve. The time you have to file a claim is not unlimited, so it is best to get counsel soon since we need to gather evidence to do more than file for insurance. In Hudson, you must have either suffered serious injuries from the car accident or have over a couple thousands of dollars of medical expenses to file a lawsuit. It is important to meet one of these thresholds to recover your non-economic damages along with your financial losses.
Call the experienced car accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407 for a free, confidential case review today.
Important Considerations to Make After a Car Accident in Hudson, MA
When someone is injured in a Hudson car accident, they are naturally focused on their injuries. Once the initial shock of the crash wears off, you should work with our knowledgeable car accident attorneys to cover your damages. We can tackle the major issues, like filing deadlines, insurance negotiations, and evidence, while you concentrate on healing. With our legal perspectives, you will know what a good settlement offer is when one is made. The following are some of the most important issues we will consider in your lawsuit:
How Long to File a Claim
You have a certain amount of time to file an injury claim, known as the “statute of limitations.” According to Mass. Gen. Laws Ch. 260, § 2A, you have three years from the date of the collision to file a claim. You should contact our firm soon after your accident since we can use this time to our advantage. We can better understand the extent of your injuries if we have more time to work with while informing the value of the damages we will demand in a settlement. If you file too soon, you could lose out on compensation, as you will likely not know your future expenses just yet.
However, the statute of limitations law specifically applies to filing lawsuits. While we typically determine this during our first discussion, we must also confirm whether you have a right to file a lawsuit under Massachusetts’s no-fault insurance policies.
Filing for Insurance or a Lawsuit
If this is your first time dealing with a car accident, you might be surprised to learn that you cannot immediately jump to filing a lawsuit like those in other states. In a no-fault state, you must go through your own insurance for compensation, and you cannot, as a general rule, file a lawsuit. This helps the court reduce the number of frivolous lawsuits filed, but it is unfair to accident victims. For instance, you will only be compensated for medical expenses and lost wages through an insurance claim, not your non-economic damages.
Ch. 231, § 6D provides exceptions that allow you to file a lawsuit, which is the option our team will strive for. Fortunately, the bar is not too high. If your medical expenses, which include most treatments, are over $2,000, you can file a lawsuit for pain and suffering damages. This is not too high a bar with healthcare costs these days.
The other way to recover non-economic damages in a lawsuit is by providing medical evidence illustrating the seriousness of your injuries. The legal definition of “serious injuries” can range from fractures to fatalities.
How Much You Should Settle Your Case for
Just because you file a lawsuit does not necessarily mean it will go to trial. Most cases settle before the time and stress are committed to the courtroom. However, that will depend on whether the settlement offer you get matches the losses you need covered.
What you should settle your case for will depend on the injuries you suffered and the impacts you have endured while recovering. Are your injuries relatively minor or one of the serious injuries mentioned above? If you suffered serious injuries, or even if you did not, you likely have future medical expenses to cover treatment like surgeries and physical therapy. Those should be covered in your settlement, or it is not worth accepting.
Did you miss work? A good settlement will include all your lost wages for every day you were out. Are your injuries so severe that you can never return to work, or did you have to get a new job because you could not physically do your previous one? A reduction in your earning capacity should be covered, as well.
You should also never settle for an offer that does not compensate for your pain and suffering damages. One of the reasons we file a lawsuit when we file an insurance claim is to show that we are serious about recovering these damages. If you are not paid for physical pain, emotional distress, disfigurement, and a host of other non-economic losses, reject the settlement and have your day in court.
The Evidence You Need to Prove Your Case
To have the best chances of getting the settlement you deserve, you will need evidence of the damages described above and the accident. Your medical records and employment records will help prove your financial losses. Your medical records will also help justify your pain and suffering since they will show the extent of your injuries. We will also have you testify to the impacts you have suffered, as well as friends and family.
Police reports and photos are usually the best evidence of liability, which our team can obtain on your behalf.
Call Our Car Accident Lawyers in Hudson, MA Now to Get Your Case Underway
For a free case evaluation with our car accident attorneys, call the Law Office of John J. Sheehan at (617) 925-6407.
