Winchester, MA Car Accident Lawyer
Life can be going smoothly when, out of nowhere, you are hit by a negligent driver. The financial setbacks from car accident injuries can leave you struggling for years to come if you do not take action.
Fortunately, our attorneys can help you cope with the weight of these unplanned expenses and hold the person who injured you accountable in a lawsuit. Most car accident victims have a host of damages. Their financial losses likely include steep medical bills, lost income, and other out-of-pocket expenses. Victims also tend to have significant “pain and suffering” as they manage the fallout from the accident. Because of this, we can usually overcome the limits insurance places on victims’ right to file a lawsuit to recover all their damages. With a lawsuit, you can get compensation for both economic and non-economic losses.
Call the Law Office of John J. Sheehan today at (617) 925-6407 for a confidential and free case review with our car accident lawyers.
How to Get Compensated for Car Accident Injuries in Winchester, MA
After getting medical care, car accident victims typically worry about covering their damages. Their car insurance, which every driver in Winchester is required to carry, is the first source to use. Massachusetts is a “no-fault” insurance state, so you file a claim with your insurance company, not the negligent driver’s provider. It is done this way so the parties do not have to prove fault. However, the rules bar victims from filing lawsuits to ease the burden on the court, and there is no guarantee that your car insurance, or “PIP,” will cover all your medical damages. It certainly will not cover your “pain and suffering.”
You can circumvent this limitation in one of two ways to file a lawsuit, which our car accident attorneys can help you prove. First, we can file under Mass. Gen. Laws Ch. 231, § 6D if your medical expenses add up to more than $2,000, including hospital bills, surgeries, dental services, and any other expenses related to your treatment.
If your medical expenses somehow did not exceed $2,000, you can also file a lawsuit if your injuries are “serious.” This includes broken bones, eye or hearing damage, permanent disfigurement, amputation, and death.
Once we have confirmed your right to sue, we should usually act fast to file your lawsuit. Under Ch. 260, § 2A, we have three years from the date of your crash to file your claim. Once your claim is filed, tough, we can take the time we need to finish the case right.
Damages We Can Claim in Your Winchester, MA Car Accident Lawsuit
Whether in an insurance settlement or a lawsuit, numerous damages must be considered if you are to cover all your losses. We will need to assess both current and future medical costs, loss of income and reduced earning capacity, related out-of-pocket expenses, and non-economic damages, which are themselves difficult to calculate. You might also be entitled to punitive damages depending on the defendant’s conduct.
Medical Damages
A successful lawsuit is one that covers all your current medical damages. However, keeping track of your doctors and records can be difficult if you are getting treatment from several providers. Further, medical bills can be challenging to read and get an accurate calculation. If you overlook a provider or bill and settle your case, you cannot get it back. Our team will discuss your treatment with you and review your insurance records to ensure we have your current healthcare costs covered in our demand. Thus, always keep up with your treatment plan and avoid missing appointments.
Continued medical care will also help us determine your likely future medical expenses. Serious injuries often require more invasive treatments, like surgeries. Victims of serious injuries also usually need long-term treatment, such as physical and occupational therapy. Settlements should also cover modifications made to your home or vehicle. With the help of medical experts, we can accurately evaluate these expenses and explain to the court why you deserve them if we go to trial.
Lost Income
You should also be compensated for each day your injuries prevented you from working. If your injuries only temporarily keep you out of work, we can add up your lost daily wages and demand they be included in your settlement.
Serious injuries can permanently keep you out of work or cause you to lose earning capacity by forcing you into a lower-paying position. As we will do for your future medical costs, we can have occupational and medical experts review the case and provide reports we can use as powerful evidence in your settlement negotiations.
Non-Economic Damages
Insurance negotiations tend to get bogged down over the amount of non-economic damages that should be included for a victim’s pain and suffering. These damages do not have a financial value like your economic losses, so there is more room for the defendant to argue against them. Many claims that go to trial ultimately do so because the insurance company will not agree to the pain and suffering we demand. If your settlement does not include compensation for emotional distress, physical pain, and various other impacts on your daily life, you can reject it and have the court decide.
Out-of-Pocket Damages
You will likely incur many other attendant costs while handling your lawsuit and getting treatment for which you can be compensated. After a car accident, you might need to rely on public transportation to get to your appointments and get a babysitter for your children. You should also be compensated for personal property damaged in the accident, like phones, glasses, or jewelry.
If your car was not completely totaled, you will no doubt need a rental car after the accident while yours is repaired. If your car was totaled, the vehicle’s market value should be covered in your settlement.
Call Today to Discuss Your Case with Our Winchester, MA Car Accident Lawyers
For a free, private case evaluation with our car accident attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.
