Randolph, MA Car Accident Lawyer
When injured in motor vehicle accidents in Randolph, victims can recover damages related to their medical expenses, lost wages, and pain and suffering by filing lawsuits against negligent drivers.
In Randolph, victims can sue for auto accidents depending on the extent of their medical damages or injuries. Our attorneys can add up medical costs related to your treatment or compare your diagnosis to Massachusetts’ serious injury threshold to determine if you can file a claim. If you can, you must do so within three years of the crash. After filing your lawsuit, you will have to prove the negligent driver’s fault. We can accomplish by presenting compelling evidence, such as eyewitness statements, photographic evidence, and medical records. On top of evidence of negligence, we will also need to submit proof of your damages to recover compensation in your case.
You can schedule a free case analysis from our Randolph, MA car accident lawyers by calling the Law Office of John J. Sheehan today at (617) 925-6407.
The Serious Injury Threshold and Car Accident Cases in Randolph, MA
Since Massachusetts is a no-fault state for auto accidents, victims can only sue negligent drivers if they pass the serious injury threshold. Our lawyers can compare your injuries to this statute to determine if you have a case.
According to Mass. Gen. Laws Ch. 231, § 6D, car accident victims in Randolph can sue instead of only using their personal injury protection insurance coverage if their medical expenses exceed $2,000 or they have sustained certain injuries. Injuries that immediately qualify victims to sue regardless of their medical costs include those that cause death, loss of a body member, permanent and serious disfigurement, sight or hearing loss, and fractures.
To show the court that you meet the serious injury threshold to file a claim in Randolph, our lawyers will need access to your medical records and bills. Such evidence can prove that your medical damages are expensive and that your injuries are severe. Without such evidence, you may not be able to file a lawsuit, even if you were hurt in an auto accident in Massachusetts.
After confirming that you have a case, our lawyers will work to prepare it before the statute of limitations runs out. According to Gen. Laws Ch. 260, § 2A, injury claims, including those arising out of auto accidents, must be filed within three years.
Evidence that Can Prove Fault in a Randolph, MA Car Accident Claim
When suing for car accident injuries in Randolph, it is necessary to have strong evidence in your corner. Our lawyers typically use eyewitness statements, photographs, evidence from the scene, security camera footage, expert witness testimony, and medical records when proving drivers’ negligence.
Eyewitness Statements
Because car accidents happen in public, they often take place in view of eyewitnesses. After a crash, you can ask eyewitnesses to give you their names and phone numbers, which you can then pass on to our car accident lawyers. We can interview eyewitnesses about the accident in question to obtain additional information that might be unknown to you. Furthermore, eyewitness testimony can be especially compelling at trial, should your case go to court in Randolph. When interviewing eyewitnesses, we can ask if they took any pictures or videos of the incident we may be able to use as evidence in your case.
Photographic Evidence
Preserving physical evidence is often best done by taking pictures. In all likelihood, a crash site will be cleared away soon after the accident takes place, meaning you will not be able to return to photograph the area. Because of this, it is best to take pictures immediately. You can photograph any visible injuries you have sustained as well as the property damage to your vehicle. If there is debris or other fallout from the accident, photograph that too.
On top of using pictures taken at the scene of the crash, our lawyers can obtain surveillance footage to use as evidence. We can assess the accident location to determine whether traffic or security cameras are nearby. We can then speak to the owners of such cameras to request access to footage. Depending on the scope of the footage, it may show the other driver acting negligently, striking your vehicle and causing your injuries.
Law enforcement officers may take pictures as well to include in a police report. We can get this report by contacting the Randolph Police Department following your motor vehicle accident. This report might contain additional information that is useful to our lawyers when building your case, as officers often include primary and contributing causes of accidents in these reports.
Expert Testimony
Various kinds of experts might be enlisted to help with car accident lawsuits. For example, an accident reconstruction expert can piece together the evidence left behind from an accident to determine its root cause. A medical expert can review a victim’s injuries and medical records to estimate their anticipated recovery time. The additional support of expert testimony can significantly strengthen your claim and convince a jury that your injuries were caused by the defendant and are worthy of compensation.
Medical Records
A victim’s medical records will be crucial evidence in any injury claim, including a motor vehicle accident lawsuit. These records can show when you sustained your injuries, what your initial diagnosis was, and the treatment you have received thus far for your injuries. Suppose you have any pre-existing conditions that could cause issues with your claim. In that case, our lawyers can submit past medical records and explain how such pre-existing conditions are unrelated to your current injuries. Victims who do not have extensive medical records detailing their injuries might have difficulty recovering compensation. To avoid such situations altogether, take the advice of the medical professionals treating you and accept all necessary care.
Call Our Auto Accident Lawyers in Randolph, MA Today
For help with your case, call the experienced car accident lawyers of the Law Office of John J. Sheehan at (617) 925-6407.