Westborough, MA Car Accident Lawyer

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Car accidents happen all the time, and there is a good chance that you or someone you know has been injured in a car accident before. Auto insurance can greatly help after an accident, but it does not always work out for everyone. If you still need costs and damages covered, call an attorney to talk about filing a civil case.

In Massachusetts, drivers must have no-fault insurance that covers them no matter who causes an accident. However, policy terms and coverage limits usually restrict insurance, and it might not be that helpful in the end. A lawsuit might get you more compensation, which you need and deserve after being injured. However, strict no-fault insurance laws might prevent you from suing unless specific legal criteria are satisfied. If you move forward with your claims, your damages may include the numerous economic costs of the accident in addition to painful experiences. You can get your case started by contacting our legal team.

Get help from our car accident lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407 and asking for a free review of your case.

Filing a Car Accident Case After a Collision in Westborough, MA

Immediately after a car accident, injured drivers tend to begin working on filing insurance claims. In Massachusetts, drivers are required to have no-fault insurance that may cover them after a crash, no matter who is at fault. Rather than filing claims with the other driver’s insurance and proving to their insurance company that they are responsible, injured drivers file claims with their own insurance companies. On top of that, there is no need to prove fault. Both drivers may be compensated by their insurance companies regardless of who caused the accident.

Unfortunately, insurance does not always provide everything we need. The policy limit might not be enough to cover all your damages. Maybe the insurance company refuses to cover some damages, claiming they are not covered by the policy. When this happens, you may explore other legal options with our car accident attorneys, but you might also have to clear some legal hurdles. The no-fault laws in this state prevent car accident victims from suing unless they meet certain economic thresholds or have certain kinds of injuries.

According to Mass. Gen. Laws Ch. 231 § 6D, there are two ways in which a potential plaintiff may file a civil lawsuit for damages after a car accident. First, the plaintiff must have incurred more than $2,000 in medical expenses. Alternatively, the plaintiff must have experienced an injury that includes death, dismemberment, serious disfigurement, vision loss, hearing loss, or fractures. If either of these criteria are satisfied, you may move forward with your case.

Possible Damages in Westborough, MA Car Accident Cases

Accidents often take a significant toll on injured drivers and passengers in more ways than one. Not only are car accidents expensive to recover from, but they also tend to come with serious trauma. Your damages should reflect the losses and injuries you suffered, whether they cost you money or not.

Non-economic damages may reflect the painful personal experiences you endured because of the accident. These damages may account for pain from your injuries, emotional distress, psychological turmoil, and other trauma. If you were permanently injured or seriously disfigured, you might claim damages for the loss of enjoyment of your life and the reduction in your quality of life.

Economic damages account for lost money. If you had to spend money as a direct result of the accident, tell your lawyer about it and keep all your receipts. Common economic damages include medical bills, replacing or repairing damaged property (e.g., your car), and lost income if you cannot return to work for a while. Again, you must keep thorough records of your expenses to review with your lawyer.

How to Begin a Car Accident Case in Westborough, MA

To begin your car accident case, your first step is to call an experienced lawyer. You should do so quickly, as you must file the case within the statute of limitations. According to Mass. Gen. Laws Ch. 260 § 2A, the statute of limitations on personal injury cases in Massachusetts imposes a strict 3-year limitation period. This time limit begins counting down on the day of the accident, and it is best to move quickly to maximize your time to prepare your case.

Preparing the case will be no easy feat. Even in the simplest of cases, there are many moving parts to assemble. First, our team must gather the evidence needed to prove your claims. While we do not have to include all possible evidence or enough evidence to meet our burden of proof in the initial complaint, we need enough to show that you have a valid cause of action.

Next, we need information about your damages. All your damages should be accounted for in the complaint, which means we must accurately assess the value of your losses and injuries as soon as possible. Adding new damages to the case later might be difficult or impossible, so we must get it right the first time.

Finally, we need lots of details and information about how the accident occurred. Where did it happen? Who was present? What did the defendant do to cause the crash? We need to paint as clear and complete a picture of the crash as possible.

How Long Do Car Accident Cases in Westborough, MA Take to Finish?

How long your case might take depends on a broad spectrum of factors and circumstances. For some, their cases are over relatively quickly. For others, they might drag on for months or even longer. Your lawyer can review your case and give you a good idea of what to expect.

If you want to get your case over with as quickly as possible, you should consider the following factors. First, one of the quickest ways to end a civil case is to negotiate a settlement agreement. This is a private, legally binding agreement between you and the defendant where they agree to pay for some of your damages, and you agree to drop the case. Exactly how much compensation you get will be worked out and agreed upon by both parties. If a settlement is not for you, your case may move faster if you have strong evidence that is difficult for the defendant to refute.

Factors that might slow things down include court scheduling and the overall complexity of the case. Certain courts are very busy, and your case might not be on the docket for weeks, months, or longer. While this gives us time to prepare, it can make for a long wait for compensation. Also, if your case is particularly complex and hard to figure out, it will likely take longer, as both parties might need more time to prepare.