Massachusetts Car Accident Lawyer
Car accident injuries, no matter how severe, can impact a victim physically, financially, and emotionally. When these injuries could have been prevented if someone else had behaved reasonably, you should strongly consider your ability to file a lawsuit to recover compensation from them. Damages from a lawsuit can make the difference in providing you with a comfortable rehabilitative process.
Negligent or reckless drivers cause accidents across the Commonwealth every day in a number of different ways. If you can show that the other driver caused the accident that left you injured, you could recover compensation. This compensation will reflect the harms you incurred in terms of your medical expenses, lost wages, pain and suffering, and, in some cases, their reprehensible behavior. However, you likely only have a short time to file your formal complaint.
This is why it is prudent that you act quickly by reaching out to the Law Office of John J. Sheehan. Our experienced Massachusetts car accident lawyers can help you through every step of your rightful recovery, starting with a free initial consult. To schedule your first appointment with us, call our offices today at (617) 925-6407.
Proving Fault in a Massachusetts Car Accident Lawsuit
In order to file a lawsuit against the driver who caused your injuries, you will need to show that they were at fault for creating the accident. Almost all car accidents in Massachusetts involving two or more vehicles are due to one of the driver’s negligent or reckless conduct. Identifying what actions or inactions create fault will be critical for arguing and winning your case.
In almost every rear-end car accident, the driver of the rear vehicle is found at fault. This is because drivers are obligated to leave a reasonable gap between the front of their car and the rear of the car in front of them so that they can come to a full stop if necessary. All rear-end collisions, even those that occur at low speeds, have the potential to cause whiplash or forceful contact between the driver’s head and the steering wheel.
Drivers who travel above the designated speed limit not only increase the potential for serious injury in an accident, but they also deprive other drivers of critical reaction time necessary to avoid a collision. If one of the drivers was going too fast at the time of the accident, it is safe to say that they will be liable for the consequences.
Texting or Distracted Driving
Massachusetts’ Safe Driving Law, passed over a decade ago, prohibits drivers from typing or reading electronic messages on cellular devices while behind the wheel, regardless of whether the vehicle is in motion or stopped. If a driver takes their eyes off the road for even a moment, they put others in harm’s way. Not only is texting while driving a crime in the Commonwealth, but it is also grounds for a civil injury lawsuit.
Driving under the influence of drugs or alcohol is also a crime in Massachusetts. It is also an extremely reckless act that can entitle accident victims to punitive damages on top of the traditional injury compensation available. To find out more, keep reading or call our Massachusetts car accident lawyers today.
Damages You Can Claim After a Massachusetts Car Accident
If you are thinking about filing a lawsuit against the party responsible for your car accident, you are probably interested in how much your case could be worth. Knowing what goes into a calculation of damages can ease your mind about your financial struggles and help you better evaluate potential settlement offers.
There are two traditional categories of damages that are available in every car accident injury case: economic and non-economic damages. Economic damages account for the direct financial costs that an injury victim actually incurs and will incur. Common factors in economic damage evaluations include the cost of medical treatment and physical rehabilitation for your injuries. You may also obtain compensation for lost wages, missed promotion opportunities, or paid time off used at work while recuperating.
Non-economic damages will account for the costs that don’t necessarily show up in hospital bills or pay stubs. Your injuries or the required treatment for them may leave you in physical pain or emotional distress due to their lasting impact on your day-to-day life and personal relationships. It can be difficult to calculate what you may be owed in non-economic damages without subjective information about how your injuries have affected you, so always speak to your Massachusetts car accident lawyer for the best possible estimate on the value of your demonstrable harms.
There is a third type of damages that is only awarded in certain circumstances. As mentioned above, punitive damages are awarded where the defendant’s conduct was particularly heinous or indifferent to the victim’s health or life. If a court determines that the defendant’s conduct was sufficiently reckless to warrant punitive damages, these may be the most substantial portion of your recovery. Therefore, it is important that you consult with a Massachusetts car accident lawyer to identify them where available.
Massachusetts Statute of Limitations for Car Accident Lawsuits
Recovering damages for car accident injuries through a lawsuit requires strict adherence to the rules of procedure, such as the Massachusetts statute of limitations on civil complaints. Under these rules, car accident injury victims have three years from the date of the accident to file their complaint. It is imperative that you reach out to a Massachusetts car accident attorney well in advance of the filing deadline so that your lawyer can help you prepare your official complaint and estimate your potential recovery.
Hurt in a Massachusetts Car Accident? Our Lawyers May Be Able to Help
Your injuries deserve both competent medical and legal attention. For the latter, call the Law Office of John J. Sheehan at (617) 925-6407 to speak with our Massachusetts car accident attorneys today.