Leominster, MA Motorcycle Accident Lawyer
When motorcyclists are hurt in accidents caused by negligent drivers, the results can be disastrous, entitling victims to compensation in Leominster.
Before you leave the scene of a motorcycle crash in Leominster, alert law enforcement by calling 911. Speak with officers when they reach the scene and give them any pertinent information regarding the accident and its case. While you are still at the location of the accident, take pictures of your injuries and property damage. Before suing for a recent motorcycle accident, consider the filing deadline and the standard of proof you must meet. Then, allow our attorneys to evaluate the value of your case so that we know what it is worth and how much compensatory damages you should receive.
To have the Leominster, MA motorcycle accident lawyers of the Law Office of John J. Sheehan assess your case for free, call us now at (617) 925-6407.
What to Do Before Leaving the Scene of a Motorcycle Accident Located in Leominster, MA
Because victims of motorcycle crashes often require compensation for their various and expensive damages, it will be important for them to take certain steps to secure their financial recoveries in Leominster.
Leaving the scene of a motorcycle accident without notifying the police is never a good idea for several reasons. First, reporting auto accidents that result in injury, death, or upwards of $1,000 in property damage is mandatory in Massachusetts, according to Mass. Gen. Laws Ch. 90, § 26. Second, when you leave the scene without documenting it, there will be no accident report. Law enforcement officers complete these reports for motorcycle accidents, which contain details about the individual event and its cause or contributing factors to its cause. Despite being inadmissible in injury claims in Leominster, police reports can be useful reference documents for our motorcycle accident lawyers when building your case.
Remaining at the scene of the incident long enough for it to be documented is also important because these scenes are typically cleared away quickly. This means you will not be able to return to the location and photograph damage to your vehicle or any apparent debris after the fact. So, while you are still at the location of the motorcycle accident, take pictures of your injuries and the scene. If you cannot do so because your injuries are too severe, you can ask first responders or eyewitnesses to take pictures on your behalf.
When you are ready to leave the accident location, go directly to the hospital. Do not go home and delay getting medical attention. Having records of your immediate injuries will be important for the success of your case in Leominster.
What to Consider When Suing for Motorcycle Accident Injuries in Leominster, MA
While there are many things to keep in mind and consider when filing a motorcycle accident injury lawsuit that took place in Leominster, learning about the filing deadline and the standard of proof should be at the top of that list.
The Statute of Limitations
Victims only have a limited amount of time during which they can bring a claim for injury in Leominster. According to Mass. Gen. Laws Ch. 260, § 2A, the deadline for motorcycle injury claims in Massachusetts is three years from the date of the incident. You must bring your case within this window of opportunity. Despite having three years to sue, you should file as soon as you have a good idea of your injuries and damages. Delaying filing could harm your case and open the door to questions regarding your need for compensation. Furthermore, if you do not file in time, your case will likely be rejected by the court.
The Standard of Proof
Another thing to consider when it comes to your motorcycle accident case is the standard of proof and on whom the burden to meet that standard falls. As the plaintiff, it will be your responsibility to prove that it is more likely than not that the defendant caused your injuries. We can do this by submitting evidence of negligence, such as eyewitness statements, photos, and surveillance footage, in addition to other evidence that corroborates your claim. If you do not meet the standard of proof but are found to be partially at fault for your injuries, your damages might be reduced, per Massachusetts’s modified comparative fault statute, according to Mass. Gen. Laws Ch. 231, § 85.
Recoverable Damages in Leominster, MA Motorcycle Accident Claims
Motorcycle accident victims tend to incur a wide range of damages, from financial losses to mental anguish and emotional distress. These losses are compensable in injury claims, provided victims can prove that they exist in Leominster.
Compensatory damages are recoverable in motorcycle accident lawsuits in Leominster. These damages attempt to make victims whole again following an injury. There are two types of compensatory damages available to victims: economic and non-economic damages. Economic damages compensate victims for financial losses, such as medical treatment or lost income. Non-economic damages compensate victims for emotional losses, such as pain and suffering.
Motorcycle accident victims who sue for injury in Massachusetts are not capped regarding their recoveries. That said, compensation is awarded based on proof of damages. This means that if your case goes to trial, the jury will not choose a dollar amount out of thin air. Instead, they will consider the proof of economic and non-economic damages you have submitted and make calculations based on that information. If you settle out of court, the compensation you recover will be negotiated for by our attorneys and the defendant’s counsel. Depending on the specifics on your case, you might be awarded punitive damages at trial. This is only possible if the defendant was grossly negligent in causing your injuries.
Call Our Lawyers About Your Motorcycle Injury Case in Leominster, MA
You can call the Law Office of John J. Sheehan at (617) 925-6407 to get a free case review.
