Newton Personal Injury Lawyer
There are many different types of accidents that may give rise to personal injury lawsuits. As an example, those who are injured because of auto accidents, slip and fall accidents, and construction site accidents may all be able to bring claims against at-fault parties. Generally, whenever someone is injured as the result of another’s careless or reckless behavior, a personal injury case may be filed.
Multiple types of damages may be compensated through personal injury claims. However, defendants will often be represented by insurance companies who may hire teams of people to discredit plaintiffs’ cases. Support from our team can be immensely valuable when dealing with the defendant in your case.
After suffering a personal injury in Newton, seek support from our experienced personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.
What to Expect in a Personal Injury Case in Newton, MA
The process of seeking compensation for a personal injury can differ from case to case. Still, all plaintiffs will navigate the same general process when pursuing their claims. Fortunately, our personal injury lawyers can guide you through each of the following stages of your case:
Reviewing Your Claim
The first step to recovering payment for your injury will involve reviewing the strength of your claim with our legal team. During your free case assessment, we can help determine if the necessary elements have been established.
In order for your claim to prevail, you must first prove that your accident happened because of the defendant’s negligence. Additionally, you must demonstrate that you suffered injuries because of your accident and that those injuries led to actual damages. The defendant may use various strategies to assert that one of these elements has not been satisfied.
Gathering Evidence in Support of Your Case
Immediately after your free case evaluation, our team will begin gathering evidence to support your case. There are several types of evidence that may be utilized.
For example, witness statements may be very useful to your case. Eyewitnesses may provide both written and oral statements that explain why or how the accident at issue occurred. You should attempt to exchange contact information with witnesses at the scene of your accident if you can. Afterwards, our team will assist when reaching out for their potential cooperation.
Furthermore, evidence from the scene of your accident may be used to support your claim. Both physical evidence and photos from the scene may help identify contributing factors or disprove the defendant’s arguments. You should also attempt to take photos at the scene of your accident if possible. We can help review the photos you took during our assessment of your case.
Filing Your Case
The next step of your case will involve bringing your claim to court. According to Mass. Gen. Laws Ch. 260, § 2A, you will generally have three years from the date of an accident to file a lawsuit against the responsible party. If you do not file your lawsuit in accordance with this deadline, then your case may be dismissed.
Even though you may potentially have three years from the date of your accident to file your claim, you should begin working on your potential lawsuit as soon as possible. Important evidence needed to support your case may become hard to preserve or collect over time. For instance, witnesses may move away, documents can become lost, and physical evidence can deteriorate. By reaching out to our law firm quickly after your accident, you can ensure that evidence collection goes as efficiently as possible.
In addition to filing your case on time, there are multiple other conditions that must be satisfied when bringing your lawsuit to court. As an example, you have to file in the correct jurisdiction, pay any necessary filing fees, attached required supporting documents, serve all named defendants, and refrain from filing an incomplete claim. If any of these requirements are not adhered to, then you may have to re-file your case.
Negotiating for Fair Compensation
Before your case goes to trial, the defendant will likely attempt to entice a settlement agreement. If you accept the defendant’s offer, then they will pay you the agreed-upon amount of damages and your lawsuit will be voluntarily dismissed. There are potential advantages to settling early. For instance, by settling, you may obtain payment sooner. Also, avoiding trial may help you save on expenses like witness fees and administrative costs.
However, many defendants want to settle their cases quickly and cheaply. There is a high probability that the initial offer you are presented with will not represented the true value of your case. Our lawyers can help negotiate with defendants so that you may be presented with a fair offer.
Still, an appropriate offer may never be made. In that case, you will need to go to trial to be awarded to full extent of payment you deserve. Our team will also help determine if going to trial is the proper course of action in your case.
Trying Your Case
Finally, our lawyers will present your case at trial in a thorough and convincing manner. Our team will utilize the evidence we collected on your behalf to prove that the necessary elements of your claim have been established.
What if You Are Partially at Fault for Your Accident in Newton, MA?
There are multiple scenarios where victims may share blame for their accidents. For example, a motorist may share fault for their crash if they were speeding when they were struck by a drunk driver. Further, someone who slipped and fell because of a slippery spot on the floor may share fault for their accident if they were wearing shoes with worn tread.
If you shared fault for your accident in Massachusetts, then you may still recover payment for the injuries you suffered. However, the amount of damaged you are awarded may be limited. Under the rules of modified comparative negligence, each party’s damages will be awarded based on their percentage of fault.
As an example, if you share 10% of the blame for your accident while the defendant is 90% responsible, then they will have to pay for 90% of the damage caused by your accident while you must account for the leftover 10%. Importantly, you should remember that you may not recover any compensation for your injuries if you are over 50% liable for the accident at issue.
If You Have to File a Personal Injury Case in Newton, Our Attorneys Can Assist
Get support from our experienced personal injury lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407.