Wareham, MA Car Accident Lawyer
Suing for car accidents can let victims get the necessary compensation for serious injuries, and our lawyers can address any concerns they might have about the recovery process.
Understandably, victims might be concerned with the possible length of claims, worried that they will drag on for too long, wasting time and resources. Our lawyers appreciate this and may speed up settlement negotiations by leveraging evidence or move forward with a trial so that you get compensation sooner from a jury. We can also help victims obtain evidence after accidents, so do not be concerned if you could not collect evidence at the scene. We can explain Massachusetts’s serious injury threshold and how it pertains to car accident lawsuits, notify you when you pass it, and proceed with a claim for non-economic damages. Throughout your case, we can carefully monitor all financial and intangible damages from the accident to ensure you only accept a fair settlement offer that fully compensates you.
For a free case analysis from our car accident lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.
Addressing Common Concerns of Car Accident Victims in Wareham, MA
By addressing concerns victims may have at the start of their claims, they may be more inclined to proceed with litigation and get the compensation they deserve.
The Length of Claims
After a serious collision, victims might be hesitant to pursue compensation because of how long they anticipate claims taking. Insurance companies and negligent drivers might be non-communicative or stubborn, particularly during settlement negotiations, and our lawyers can approach these discussions with plans to leverage evidence and speed up negotiations.
We can also identify when settlement negotiations are stalling and quickly change directions to a trial so that you get compensation sooner from a jury. Sometimes, indicating that you are ready to go to court is enough to convince the opposing side to increase their offers to a suitable amount. We can consider your desired recovery timeline during negotiations and proceed accordingly. It is also important to note that victims have three years to file car accident lawsuits in Massachusetts, and missing this deadline would block them from getting compensation, which our lawyers can help victims avoid.
Obtaining Evidence
During car accident claims, victims must show that it is more likely than not the defendant caused their injuries. This standard of proof is known as a preponderance of the evidence, and meeting it is daunting to many victims. While some victims may take photos or talk to eyewitnesses after collisions, others might be too injured or traumatized to collect evidence at the scene. In these situations, victims might be concerned that they do not have enough evidence to prove liability and should not proceed with a claim.
Even when victims do not have their own photos from a crash site, our lawyers can investigate accidents and uncover additional evidence. For example, first responders might document the accident by taking photos or videos, as might eyewitnesses. If you did not talk to eyewitnesses at the scene and get their contact information, we can learn it from the police report. Then, we can schedule interviews with witnesses to ask them what they recall from the incident. This could include questions about the defendant’s negligence, your injuries at the scene, observable property damage, or the general atmosphere at the crash site.
Our team can also survey the accident’s location to obtain surveillance footage from nearby businesses or homes, which could show the accident happening and the defendant being negligent.
Passing the Injury Threshold
In Massachusetts, victims must pass an injury threshold to sue and get non-economic damages for car accident injuries. This can be intimidating for victims, who might be unsure if their injuries meet the criteria. According to Mass. Gen. Laws Ch. 231, § 6D, serious injuries include any that cause death, whole or partial loss of a body member, permanent and serious disfigurement, sight or hearing loss, or a fracture. Furthermore, victims may bring claims if they incur more than $2,000 in medical damages. Victims could incur this amount after the first trip to the emergency room following a collision.
If you went to the hospital or sought any treatment for your injuries, we can help you obtain records from providers. We can also track your medical damages as you incur them and note when you pass the $2,000 benchmark, which, again, might happen fairly quickly. We can also compare your injuries to those listed above, though if you incurred substantial medical damages, you can file a claim for pain and suffering.
Recovering Sufficient Damages
A victim’s financial recovery should be worth the effort of the claim, and their presumed ability to recover sufficient damages could deter them from filing. At the start of your case, we can assess the value of your claim so that you know what to expect from a potential settlement or jury award. This includes tallying the cost of medical treatment and considering how lost wages have impacted your life.
We will also quantify your non-economic damages. Proving pain and suffering requires different tactics than proving tangible damages, and our lawyers can enlist mental health experts to testify regarding a victim’s emotional well-being since an accident. It is common for victims to develop anxiety, depression, or other disorders following traumatic accidents, particularly if they sustain debilitating injuries. For example, if a victim cannot return to work, they might become isolated or withdrawn, leading to feelings of depression. For victims to recover sufficient damages for car accidents, they must appreciate the value of their claims from the get-go. That way, they will not be inclined to accept lowball settlement offers, and our lawyers can also identify these poor proposals and advise victims against agreeing.
Call Our Lawyers for Help with Your Car Accident Claim in Wareham, MA
Call (617) 925-6407 for a free case review from the car accident lawyers of the Law Office of John J. Sheehan.
