You have the right to seek compensation if someone else injures you, even if they did so accidentally. You should not have to pay medical bills and cover other damages due to someone else’s mistake, and our lawyers can see if they are legally liable for your injuries. If they are, we can file a lawsuit as long as the three-year statute of limitations has not passed.
To prove your case after filing, we may use witness testimony, photos and videos, medical records, and proof of damages. To avoid trial, the defendant may offer an out-of-court settlement, which we will assess for fairness. Settlements often come in installment payments, though some defendants pay the entire amount at once. We can negotiate a favorable settlement in your case so you get fair compensation.
For a free and confidential case review from our personal injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
When Can You File a Personal Injury Claim in Sudbury?
You may file a personal injury lawsuit for intentional or accidental injuries. Even if you do not realize it, another party may owe you a “duty of care” and breach it, making them liable for your damages.
For example, suppose you slipped on a loose rug in the lobby of your apartment building. The property manager owes you and other tenants a duty of care. Part of that duty is to ensure common areas are reasonably safe and hazard-free. Loose rugs are slipping hazards, and you may sue if you fall because of one.
We can also see if you can file a personal injury lawsuit after a car crash, defective product accident, or other incident in Sudbury. Tell us what happened, who was involved, and any other important details, and we can see if someone else is liable.
How Do You File a Personal Injury Lawsuit in Sudbury?
We will handle filing your lawsuit so you do not have to worry about making any mistakes during this crucial process. We will write the complaint, file it in court, and proceed with the rest of your case.
In the complaint, our personal injury lawyers will state the facts of the case. We will say what the defendant did wrong and why they are liable. Complaints include requests for relief, which is what the plaintiff seeks in compensation. The jury may base its award to you on that amount, so it must be accurate.
How Long Do You Have to File a Personal Injury Lawsuit in Sudbury?
Mass. Gen. Laws Ch. 260, § 2A gives most injury plaintiffs three years to file lawsuits. Three years is deceptively short, especially if you suffer bad injuries that take most of your attention.
Victims who are also minors or incapacitated by mental illness get exceptions to the statute of limitations. The three-year countdown starts when minors turn 18, or victims’ mental incapacities are removed, according to § 7.
The statute of limitations also pauses when nonresident defendants leave the state and when defendants conceal their liability from plaintiffs.
We will determine how much longer you have to file your case and make sure to bring it before the deadline.
What Evidence Do You Need for Your Injury Case?
We can get enough evidence to prove the defendant’s fault during a trial or convince the defendant to settle out of court for a good amount.
Witness Testimony
You are a witness in your case and may testify during a trial. We will thoroughly prepare you so you feel ready to talk about the accident and your damages. You may describe the defendant’s negligent conduct and your immediate injuries. You may also speak about your “non-economic” damages, which are subjective harms like pain and suffering.
Other eyewitnesses may testify about what happened. We can contact them soon after an accident and preserve their statements.
Photo and Video Evidence
Photo evidence helps the jury visualize an accident, making it very important. Video footage might show the defendant’s negligence or other relevant information. Starting investigations sooner helps preserve video footage, so do not delay your case.
Follow your instinct to take photos after an accident. Documenting property damage, hazardous conditions, injuries, debris, and the scene in general yields strong evidence we can use.
Medical Records
Without medical records, you cannot prove you suffered injuries. You may need urgent treatment after a defective product explodes, a car hits you, or a broken handrail makes you fall. If necessary, go to the hospital. Do not ignore pain or discomfort, as you may have an underlying soft tissue injury or fracture.
Stick to your treatment plan. The more follow-up appointments you attend, the more medical records you build, which we can get from providers with your approval.
Proof of Damages
Plaintiffs must give proof of damages to recover them. Income records establish your previous income and let us prove your lost wages. Hospital bills show your exact losses from medical treatment. As mentioned, your testimony helps prove non-economic damages.
How Are Injury Settlements Paid in Sudbury?
You may get your injury settlement through a lump sum payment, though structured payments are more common. We negotiate fair payment terms and schedules for plaintiffs, stopping them from accepting bad offers.
In a structured settlement, you may receive payments over several months or years. Structured payments should be sufficient to cover current medical bills and other pressing damages. Do not automatically accept payment terms, even if the total settlement amount appears large.
Jury awards are paid similarly, though juries may award greater damages than settlements provide. You may go to court if you wish, and we can present our case to the jury. The jury then decides if the defendant is liable and how much compensation the plaintiff should get.
Call Our Injury Lawyers in Sudbury for Help Today
For help from our personal injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407 today.