Wilmington, MA Car Accident Lawyer
Car accidents are often unexpected and unavoidable. Many crashes occur because of negligent actions committed by careless and reckless motorists. For instance, collisions may occur because drivers were swerving, speeding, tailgating, or driving distracted.
Fortunately, car accident victims may pursue payment for the harm they suffered. There are multiple avenues to recover compensation. Our attorneys can help determine the proper course of action in your case.
If you were hurt because of a car crash in Wilmington, MA, get help obtaining the payment you deserve. Reach out to our Wilmington car accident lawyers today by calling the Law Office of John J. Sheehan at (617) 925-6407. Our experienced attorneys can review your case for free.
Can You Sue After Suffering a Car Accident in Wilmington, MA?
You can only sue an at-fault driver for a car accident under specific circumstances. Massachusetts follows no-fault car insurance laws. Accordingly, in some cases, victims have to seek benefits through their own insurance companies. Those seeking payment from their own insurers are only able to recover economic damages such as medical expenses and lost wages.
Plaintiffs in car accident lawsuits will be able to recover a wide range of economic and non-economic damages that are not available through no-fault insurance claims. However, in order to file a car accident lawsuit against another party, you must have suffered at least $2,000 in reasonable medical expenses or one of the following types of harm:
- Permanent and severe disfigurement
- Broken or fractured bone
- Significant loss of sight or hearing
If you were injured because of a car crash, you should contact our attorneys as soon as possible. Our Wilmington car accident lawyers can help explain the appropriate steps toward compensation.
Elements of a Car Accident Lawsuit in Wilmington, MA
The process for recovering payment through a car accident lawsuit can vary depending on several details surrounding your collision. For instance, the cause of your accident and type of injury you suffered are both factors that could influence the legal strategies used to recover monetary damages in your case. However, in every car accident lawsuit, the plaintiff must show that each of the following elements has been established:
- The defendant was under a duty of care, such as the duty to drive with reasonable care or the duty to obey traffic laws
- The defendant did not adhere to their duty of care
- You were suffered a car accident because of the defendant’s breach of duty
- You incurred damages as a result of the injuries you sustained
Analyzing these elements within the context of your case can be a complicated task. During your free case assessment, our Wilmington car accident lawyers can help determine whether the aforementioned elements have been established.
Time Limit to File a Car Accident Lawsuit in Wilmington, MA
The time limit to file a car accident lawsuit in Wilmington, MA is set forth by Mass. Gen. Laws Ch. 260, § 2A. Therefore, you will typically have three years from the date of your crash to file a lawsuit seeking compensation from the at-fault party. Failure to comply with this deadline could cause you to forfeit your case. Accordingly, you should contact our attorneys as soon as possible after suffering a crash. Our Wilmington car accident lawyers can help file your case on time.
Furthermore, crucial evidence needed to support your claim may become difficult to preserve and collect as time passes. For instance, physical evidence may deteriorate, and eyewitnesses can forget pertinent details. The sooner you contact our lawyers, the more easily we may gather the information needed to win your case.
There are certain exceptions to the standard, three-year time frame. For instance, a parent may file a car accident case on behalf of their child at any point until the minor reaches the age of 18. Further, under Mass. Gen. Laws Ch. 260, § 7, victims have three years after turning 18 to file lawsuits stemming from crashes suffered as minors. Our experienced attorneys can explain the time limit to file your claim during your free case review.
Common Causes of Car Accidents in Wilmington, MA
There are many different types of negligent behavior that can lead to car crashes. The cause of your accident can impact the path to compensation in your case. Our Wilmington car accident lawyers can investigate whether your collision stems from one of the following sources:
Distracted driving is one of the most common causes of car accidents. Drivers can become visually, manually, or cognitively distracted. There are many activities that can potentially distract drivers:
- Talking on the phone
- Eating or drinking
- Entering data into a GPS
- Choosing music for the stereo
- Viewing social media
Some activities like texting can involve multiple forms of distraction. If you suffered a crash caused by a distracted driver, our attorneys can help build your case.
Speeding is another common cause of car accidents in Wilmington. When travelling at high speeds, motorists will have difficulty controlling their vehicles and reacting to hazards on the roads. Further, collisions that happen at excessive speeds have a high propensity to cause severe injuries. If you were injured because of an accident caused by a speeding driver, you may be entitled to monetary damages.
Running Red Lights
Furthermore, many accidents occur because drivers run red lights. When motorists fail to obey traffic signals, serious collisions can occur when other vehicles and pedestrians travelling through intersections. Our experienced Wilmington car accident lawyers can help prove that drivers who ran red lights are at fault.
Lastly, drunk driving is also a common cause of car accidents in Wilmington. When drivers are impaired, they may exhibit poor vision, delayed reaction times, and reckless decision-making abilities. Many accidents caused by drunk drivers occur at night, but they can happen at any time of day. Fortunately, drunk drivers can be held accountable for collisions they cause.
If You Suffered a Car Crash in Wilmington, MA, Our Attorneys Can Help
If you were injured because of a car accident, seek guidance and support from our experienced Wilmington car accident lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 to review your case for free.