Lynn, MA Personal Injury Lawyers
Injuries from random accidents can often cause serious effects on your life. Lost wages, expensive medical bills, pain and suffering, and permanent disabilities could entitle you to substantial compensation. But getting this compensation might not be very straightforward.
For help getting compensation for the damages you faced in an accident, get help from a Lynn personal injury lawyer. An attorney can help negotiate your case and fight the insurance companies to get you the damages you deserve. If defendants and their insurance companies are unwilling to cooperate, we can fight your case in court.
For a free case review, call the Law Office of John J. Sheehan’s Lynn personal injury lawyers at (617) 925-6407 today.
Filing an Insurance Claim vs. a Lawsuit for Injuries in Lynn, MA
Many people have the initial thought of filing an insurance claim after an accident. In cases involving car accidents or injuries at someone else’s house or business, insurance is often set up to handle these cases faster than a lawsuit. But these cases are not always paid at their full value through insurance settlements.
When determining whether to accept an insurance settlement or fight the case in court, always speak with an attorney first. Our Lynn personal injury lawyers can help you understand what damages you are entitled to in your injury case and whether the insurance settlement offer is enough to cover your damages. Generally speaking, the first offer you receive will often be low since insurance companies want to save money and get the case resolved quickly.
If you receive a low settlement offer, our attorneys can start by trying to negotiate the case with the insurance company. Even if you are filing with your own insurance company for damages, the insurance company may try to reduce the payout to save money. Showing them the evidence against them and having your attorney arrange a meeting with their counsel might be enough to convince them that the case against them is strong and they should settle.
If things fall through and negotiations cannot continue, we may be able to file a lawsuit and pursue your case in court instead.
Proving Fault in a Lynn Personal Injury Case
You can usually sue for intentional injuries or accidents. In a lawsuit for an intentional injury, you will usually sue for a tort like battery (typically alongside assault). In these cases, you have to prove that the defendant intentionally injured you. In accident cases, intent is not usually in question, and the case deals more with whether the defendant was “negligent.”
To make out a negligence case, you have to show four main elements:
- The defendant owed you a legal duty.
- The defendant breached that duty.
- The breach of duty caused your injuries.
- Your injuries involve damages the court can compensate you for.
Usually, the legal duty in these cases is based on some law or on the relationship between the defendant and the plaintiff. For example, another driver on the road has to follow traffic laws intended to keep everyone on the road safe. In other cases, the owner of a store where you are shopping has a duty to keep the premises safe for customers. In most cases, the duty is based on what a reasonable person would do in the same situation.
In these cases, courts do not look for intentional acts that result in injury. Instead, they look for carelessness or lack of attention that leads to a breach of that duty. Generally, a breach results when someone fails to use the proper care or skill in doing something. If at any point they fall below what is “reasonable,” they could be held accountable for any resulting injuries.
The causation element is usually not questioned in cases unless it is possible that someone else’s interference caused the injuries or in cases where the injuries were unavoidable and not the defendant’s fault. Regardless, if you cannot prove the defendant caused the injuries, the court cannot award compensation.
“Damages” refers to a wide range of compensable injuries for which your Lynn personal injury lawyer can help you file a claim.
Damages in Personal Injury Cases in Lynn, MA
“Damages” is both the name used for the harms you face and the actual money that you receive as compensation for those harms. In personal injury cases, the main areas of compensation that the victim is concerned with include the following:
Damages for medical bills can cover any treatment related to the accident. If you had to go to the hospital for surgery, that is clearly related to the accident, but so are bills for physical therapy or even mental health counseling to deal with the traumatic effects of the injury. In many cases, future damages are also claimable, but it is important that these damages are properly projected. You usually cannot go back and claim additional damages later if the costs end up being higher than you anticipated. Your Lynn personal injury lawyer might hire expert witnesses to help prove what the medical care will cost you going forward.
Damages for wages you already lost and will lose in the future can be claimed in a lawsuit as well. Projecting the future impact on your earning capacity is difficult and usually requires the help of financial experts to testify about how long you might have been able to work and what raises and wages you will miss out on in the future.
Pain and Suffering
A vital part of many injury lawsuits is the compensation for pain and suffering. Especially for severe injuries, these damages can be essential to helping you move forward after a serious injury.
For a Free Case Review, Call Our Lynn Personal Injury Lawyers Today
Call the Law Office of John J. Sheehan to speak with our Lynn personal injury attorneys in a free case review. Our number is (617) 925-6407.