In the aftermath of an accident, your focus should be on recovering physically and mentally while we help you recover economically. In a lawsuit, you can recover compensation for the medical expenses, lost earnings, and pain and suffering you face, but you should never accept compensation without a lawyer reviewing your case.
Our attorneys can take your case, file it in court, negotiate with insurance, and seek full compensation for your injuries. We will help you understand what your case is supposed to be worth as opposed to what the insurance company says it is worth.
For your free case evaluation, call (617) 925-6407 to speak with the Law Office of John J. Sheehan’s personal injury lawyers.
Do I Have a Personal Injury Case?
The first issue many victims have is determining whether they have a case. There is no need to guess or hope; you can call our personal injury lawyers for a free case assessment to look into this exact question.
The following factors will be helpful in identifying a personal injury case:
Finding the At-Fault Party
To sue someone in an injury case, you need to find out who injured you. In a car accident, it will usually be the person in the other car. In injuries caused by dangerous property conditions, it will be the owner or operator of the property. In medical malpractice cases, the doctor or hospital will be at fault.
Grounds for a Lawsuit
Most injury claims are based on accidental injuries, but you can also sue for assault and battery as intentional injuries.
Accidental injury cases are typically filed as “negligence” claims, where you argue that the defendant’s breach of a legal duty caused your injuries. This usually means a violation of a specific law, e.g., traffic laws, building safety regulations, etc. However, unreasonable actions are also a violation of more generalized duties.
Damages
You cannot file a claim without damages the court can compensate. Medical expenses, lost earnings, and pain and suffering are claimed in nearly every case.
How Strong Is My Case?
Another thing we can assess in a case review is how strong your case is. This is often a difficult question, given that each case is different, and it can be hard to predict exactly how a jury will rule.
We can never make promises about the strength of your case or your chances of winning, but we can say that more evidence usually means a stronger case. If you only have your testimony and some corroborating details (e.g., injuries that match your story), you might not have a very convincing claim. Cases with multiple eyewitnesses, security camera footage, and other strong evidence are stronger overall.
Evidence is not everything. Your claim will also likely be taken more seriously by a jury if you have very serious injuries with high damages.
Do I Need to Go to Trial for My Injury Case in Swansea?
Most injury cases settle before ever getting to the trial stage of the case. We can often negotiate cases with the insurance company or defendant with the goal of agreeing to put aside the case in exchange for damages.
If you settle your case, you cannot go back to trial later for additional damages. That means you have to choose: settle now or fight at trial. That is why you should never sign any papers or accept any money from the defendant without having our lawyers review the settlement.
When you settle, you get damages sooner, you know exactly what they will be, and you can end the case. However, the settlement might not be ideal if the insurance company refuses to pay full damages.
On the other hand, a trial might result in higher damages – but you always have the risk that the jury will rule against you.
Is Insurance Available to Cover My Injuries?
If there is an insurance policy in place to cover your injuries, it will usually be the defendant’s insurance policy. That means you are dealing with their insurance company – and you should never trust the opposing party’s insurance or lawyers to have your best interests in mind.
People often have policies to cover accidents in these situations:
- Auto accidents
- Accidents at their house or apartment
- Accidents on their other properties
- Accidents at their business
- Accidents in the course of their business.
These policies can often pay for damages instead of relying on the individual person to pay you.
Policy limits might put a functional cap on your damages, as you often cannot get more than the policy’s limits for your injuries. However, when we are suing companies and businesses, we might be able to get a verdict that requires them to pay out of pocket for damages above the insurance policy’s limits.
What Medical Care Should I Get After an Accident?
If you were hurt in an accident, go to the hospital. Doctor’s offices and urgent care centers can often turn patients away if their injuries are too severe or if they are getting treatment that might be at the center of a lawsuit. Hospitals must take all patients, so go there for care.
You may need to see specialists if you have a head injury, broken bone, or injury to a specific organ/body part. Always follow through with appointments and seek any additional care with your normal doctor, as recommended.
You might also need mental health care from a therapist or psychiatrist to deal with the fallout of an injury. Mental and physical healthcare costs alike can be claimed in an injury lawsuit.
Can I Get Emotional Distress or Pain and Suffering Damages?
“Non-economic damages” are available in most injury cases. These cover a wide range of intangible harms that have no financial value, including pain and suffering and emotional distress.
Because they have no bills or financial statements proving their value, your lawyers can help you calculate the value of these damages.
Reach Out to Our Swansea Personal Injury Attorneys Today
Call the Law Office of John J. Sheehan’s personal injury lawyers at (617) 925-6407 to get started with your case.