Personal injury cases encompass a wide assortment of injuries, accidents, and legal claims. Knowing what kind of case you have can be difficult, but you must have a physical injury to have a personal injury claim. These claims often involve high damages, as medical bills, damaged property, and more may be on the line.
It is best to hire a lawyer soon after an accident because your time to file your case is limited. The sooner you get started, the more time your attorney will have to prepare your case before the filing deadline. We also need time to assess your damages. The more serious your injuries, the more significant your damages probably are. Once we have assessed your damages and collected some evidence, we can prepare a legal complaint to file with the court.
Ask our personal injury attorneys for a free, private claims evaluation when you call the Law Office of John J. Sheehan at (617) 925-6407.
How Soon You Should Contact a Personal Injury Lawyer
Filing a personal injury case is no small task, and it is reasonable to need time to consider all your options. However, taking too much time may hurt your case, as you only have so much time to file.
You must file your case within the time set by the statute of limitations under Mass. Gen. Laws Ch. 260 § 2A. Plaintiffs have only 3 years to file personal injury claims, and the clock starts ticking on the day you are injured. In short, time is of the essence, and your time might already be slipping away.
Our personal injury attorneys should also start as early as possible because it is often better for gathering evidence. The longer you wait, the more likely it is that evidence will disappear, and it may be harder to try your case. Physical evidence might be lost, witnesses might move away, and your memory of the accident may become less clear over time.
Ultimately, it is never too soon to speak to an attorney about your personal injury claims. The earlier you start, the more time you have to prepare and explore other legal options.
Factors That May Determine Your Case’s Value
When evaluating your damages, we should consider certain factors that might increase or decrease the value of your case.
First, we should consider the magnitude of your injuries. When injuries are severe or even catastrophic, they tend to be worth more compensation for several reasons. Not only do they often come with bigger medical bills, but injured victims often deal with more pain and long-term complications.
Second, we must assess the extent of your financial costs. This may include hospital bills, property damage, lost income, and possibly more. The costs of an accident vary from case to case. Some people incur relatively few costs while others pay through the nose.
Many damages are not outwardly visible, but are still deeply felt by injured victims. The mental, psychological, and emotional impact of the accident may be worth substantial damages. Many victims report feeling mental distress and turmoil for many years.
The Process of Preparing a Personal Injury Complaint in Somerset
Preparing a personal injury complaint is no simple task, and your attorney can help you make sure everything is accurate and correct.
The first step is to investigate for evidence. We need evidence when we file the case to show the court that you have a valid cause of action. However, we do not need enough evidence to meet our burden of proof, at least not when we file the initial complaint.
While gathering evidence, we must also start evaluating damages. As discussed above, numerous factors may influence what damages you can claim and how much they are worth. Your injuries, expenses, and the emotional fallout of the accident must all be considered.
Once we have all the right information, we can begin drafting the complaint. The complaint must be drafted according to strict court rules regarding formatting and content. If the complaint is inaccurate or lacks information, it could be rejected.
What Happens if I Did Something to Cause My Personal Injuries?
If the defendant argues that you caused the accident, the court might apply comparative negligence laws. If you are found to be partially responsible, your damages may be reduced, although you may still recover some compensation.
Under Mass. Gen. Laws Ch. 231 § 85, your damages are reduced in proportion to your degree of fault. If you are 20% at fault, your damages are reduced by 20%. However, if your fault exceeds that of the defendant, you may be barred from recovery.
This is not an unusual situation, and you may still recover substantial damages even if you are partially responsible.
Filing an Insurance Claim for Personal Injuries in Somerset
Many plaintiffs would rather avoid a trial if possible. In such cases, insurance claims might be helpful in getting you compensation quickly while avoiding a complicated court case.
First, get a lawyer to help you file a claim. Insurance is infamously complex, and a lawyer can help make sure you get what you need with as little pushback from the insurance company as possible.
Second, sit down with your lawyer and check your insurance. Do you have a policy that covers your damages? Check the other person’s insurance, too. You might file a third-party claim with their insurance provider.
Is an insurance settlement enough to cover your damages? Your damages might exceed the insurance policy limits. Alternatively, the insurance company might refuse to pay a sufficient settlement, leaving you with unpaid debts.
If insurance is not enough, talk to your lawyer about filing a lawsuit.
Call Our Somerset Personal Injury Attorneys to Talk About Your Case
Ask our personal injury attorneys for a free, private claims evaluation when you call the Law Office of John J. Sheehan at (617) 925-6407.