What is a Good Settlement for a Rear-End Collision in Boston?
Many plaintiffs injured in rear-end collisions want to get the best settlement possible. Knowing exactly what makes a good settlement is tricky and often varies from case to case.
A good settlement is difficult to define. Injuries and damages tend to vary across cases, and a good settlement should ideally cover economic losses so that you are not left with outstanding debts. An even better settlement also accounts for non-economic injuries, like pain and suffering. The potential damages in your case directly influence your potential settlement. Economic and non-economic damages play a significant role in settlement negotiations. While statutes do not limit some damages, other damages might be capped, limiting your potential compensation and settlement.
Negotiating a settlement can be relatively simple or complex, depending on your case and how willing the parties are to cooperate. Our Boston car accident attorneys can help you negotiate a good settlement that meets your needs. For a free case evaluation, call the Law Office of John J. Sheehan at (617) 925-6407.
What is a Good Settlement for Rear-End Collisions in Boston?
In short, a good settlement should cover most of your damages so that you are not left with any outstanding debts. Exactly how big a good settlement is depends on the unique factors of your case. Our Beverly car accident attorneys can help you assess the details of your case to get an idea of how much a potential settlement should be.
First, we need to consider the extent and severity of your damages and injuries. Generally, severe injuries lead to significant damages, and significant damage lead to larger settlements. Even if your injuries and damages are relatively minor, they might be so numerous that they add to a significant sum, and your settlement should reflect that.
Next, we must discuss exactly what you want out of the case. While many injured plaintiffs want their financial losses paid for by the defendant, you might be able to get much more. Non-economic injuries, like pain and suffering, also deserve compensation and can be quite significant. You might also want a sense of justice that comes with getting a larger settlement from the negligent defendant.
Potential Damages in Rear-End Collisions in Boston
Damages can encompass a wide variety of injuries, costs, and experiences. Our Chelsea car accident lawyers are familiar with calculating damages and can help you avoid overlooking or underestimating damages.
Economic damages relate to money you spend or lose because of the rear-end collision. The most significant economic damages in many car accidents are medical expenses. Even if your injuries are not severe, a trip to the emergency room might be very costly, especially for those without health insurance. If your injuries are severe, you might also have to pay for ongoing treatment, medication, physical therapy, or medical equipment like crutches and wheelchairs.
Non-economic damages often do not involve money but instead revolve around painful experiences. Pain and suffering can be significant damages, and many injured accident victims deal with psychological or emotional trauma for a long time after being hurt.
Punitive damages are rare, but they can be very significant when available. Punitive damages are designed to punish defendants rather than compensate plaintiffs and are only available when a statute specifically authorizes them. Punitive damages are usually only available in personal injury cases involving wrongful death and are unlikely to be available in most rear-end collision cases. However, if your rear-end collision was severe enough to cause the death of someone involved, punitive damages might be on the table, and a settlement should be greater.
Using Evidence to Get a Good Settlement in a Boston Rear-End Collision Case
Medical bills and bodily injuries tend to take center stage in car accident cases, and we need your medical records as evidence. These records should shed light on the extent of your injuries, the nature of your treatment, and the overall cost of your medical care. The more accurate and thorough your medical records are, the stronger they are as evidence.
We can also use other evidence of economic damages, such as photos of your damaged vehicles and invoices from auto mechanics. Rear-ending collisions can be severe, especially if the defendant was speeding, and the damage to your vehicle might be extensive and costly.
If your injuries are so bad that you have to take time off work, we can use evidence of your work and salary to establish the value of lost income. If you cannot return to work for the foreseeable future, we can even calculate lost future income.
Evidence of pain and suffering is a bit trickier since these are amorphous experiences rather than tangible pieces of evidence we can hold up in front of a jury. It is a good idea to begin meeting with a therapist or other mental health professionals so that there is some record of your psychological or emotional trauma from the accident.
Limitations on Damages That Might Affect Your Settlement in a Rear-End Collision Case in Boston
One very important factor that could limit your potential settlement in a rear-end collision case is limitations on damages. Our Boston car accident attorneys can help you max out your damages calculations and hopefully get the biggest settlement possible.
Economic damages are usually only limited to the amount of money lost, and no statutory caps or limits are usually imposed. For example, if you incur $100,000 in medical bills because of the rear-end collision, all that money may be awarded as part of your damages.
According to Mass. Gen. Laws Ch. 231, § 6D, damages for pain and suffering in a motor vehicle accident may only be awarded if it is determined that medical treatment for bodily injuries is more than $2,000 unless certain circumstances are present. Those circumstances include death, loss of a bodily member, serious disfigurement, or loss of sight or hearing. If pain and suffering are not compensable, your settlement might be reduced. Our Danvers car accident attorneys can help avoid a reduction in damages by finding evidence to support your claims for damages for pain and suffering.
Contact Our Boston Car Accident Attorneys for a Free Review of Your Case
A rear-end collision could lead to severe injuries and high damages. A good settlement should compensate for your losses while accounting for pain and suffering. Our Gloucester car accident lawyers can help you through settlement negotiations. For a free case assessment, call the Law Office of John J. Sheehan at (617) 925-6407.