What Information Do You Need to Make an Injury Claim in Massachusetts?
If you have suffered a debilitating injury, figuring out what to do next may be overwhelming. If you decide to pursue a personal injury lawsuit, you must collect various documentation of your injury and the incident that caused it. Collecting this information while recovering from an injury and facing mounting financial pressures is not an easy task to accomplish alone.
To file a personal injury claim in Massachusetts, you will need to gather as many facts regarding your injury-causing incident as possible and documentation of your injuries and treatments. Facts about your accident can be collected through witness statements, photos, videos, police reports, and other evidence. Your doctors must document your injuries through written records or oral testimony. These evidentiary documents support the paperwork that our personal injury attorneys will draft and file to file your complaint with the court formally.
Our Massachusetts personal injury attorneys are familiar with the details required to support your personal injury claim and can provide legal advice so you are not guessing what is necessary. Call the Law Office of John J. Sheehan today at (617) 925-6407 for a free case review.
What Documents Do You Need to File a Personal Injury Claim in Massachusetts?
Before a personal injury lawsuit is filed, you will need to work with your personal injury attorney to ensure you have documentation to support all claims in your lawsuit. Evidence will need to support anything you assert as a fact. This includes all facts surrounding the accident or event that caused the injury, details of the injury itself, and documentation to back up your compensation claim.
Details of the Incident
Before a lawsuit is filed, all facts surrounding the event that caused the injury will need to be documented. A thorough narrative of what happened should be established, including the identity and contact information of all parties involved, the sequence of events, the names and contact information of any witnesses, a police report (if available), and photos or videos that show the event. In automobile accidents, insurance information for all parties should be collected.
Details that could support claims of negligence should also be documented. For example, in a slip and fall case, you will want to document the presence of water on the floor where a fall occurred and the surrounding area to show the lack of any warning signs. In a workplace injury involving a malfunctioning safety mechanism, the faulty mechanism should be photographed or recorded, and a function example should be collected to demonstrate the malfunction.
Hiring our Massachusetts personal injury attorneys to help ensure all relevant details are investigated and documented properly can be very helpful at this stage. First, you will likely be focused on receiving medical treatment for the injuries suffered. In many cases, an accident or incident must be investigated quickly to collect all available evidence before it is no longer available. Our attorneys can coordinate the investigation while you are recovering. Second, the specific details needed will vary depending on the type of personal injury claim. Negligence, assault, battery, or medical malpractice are examples of personal injury categories that will have different evidentiary requirements. Consulting with our Boston personal injury attorneys is a hugely beneficial way of focusing on the documentation needed for your claim.
Proof of the Injury
The next type of documents required for a personal injury lawsuit is those that prove the injury you suffered. Such documentation includes medical records, medical tests and their results, medication prescriptions, images of the injury like an x-ray or a photo of a laceration, and hospital admission paperwork. Generally, any document related to your medical care following the accident should be preserved, especially bills and invoices. Itemized invoices will not only serve as proof of your injury but also support your claims for damages.
In addition to existing written documents regarding your medical care, your doctor’s oral testimony will also be needed for a personal injury case. Before your case is filed, a document called an affidavit might be sought from any medical professionals who can testify to support your claims. Our Somerville personal injury attorneys will examine your claim’s facts and determine if such affidavits are needed.
Evidence Supporting Damages
Documents supporting any damages claimed are also required before filing a lawsuit. Damages are the compensation demanded in a lawsuit, encompassing actual costs like medical bills or lost wages and intangible harms like pain and suffering or humiliation.
Medical invoices can be produced to prove damages for actual medical costs incurred. Lost wages can be substantiated by your paystub combined with documentation that shows the number of workdays you have missed (such as a timesheet or shift schedule).
Pain and suffering or other non-economic damages are harder to prove since they are more subjective. It may be a good idea to keep a journal during your recovery to document the pain you endure. Your own words describing the struggles of your recovery period can be compelling evidence in support of pain and suffering damages. Our personal injury lawyers can help evaluate the documents necessary to support the damages requested in your lawsuit.
What Documents Must Be Filed with the Court in Massachusetts for a Personal Injury Lawsuit?
Most documents required to file a lawsuit are used as evidence of the claims contained therein but are not produced when the lawsuit is filed. To formally initiate a lawsuit, a complaint outlining the facts of the case and the claims asserted must be filed with the court, along with a summons for the defendant. After the complaint is filed, additional legal documents like motions or memorandums may be required. Our Stoughton personal injury attorneys can do the heavy lifting at this point and will draft and file these documents.
Call Our Massachusetts Personal Injury Attorneys Today
Complex personal injury cases can require massive documentation to support all claims asserted in the lawsuit. The Wakefield personal injury attorneys at the Law Office of John J. Sheehan can advise on what is needed and coordinate the investigation and document collection. Call us today for a free case review at (617) 925-6407.