Woburn, MA Car Accident Lawyer
Car accidents are an unfortunate but common part of everyday life. Careless drivers can be responsible for all types of serious injuries, leaving you with potentially growing medical expenses and physical pain.
Fortunately, you can be compensated for the injuries you sustained in a car accident. A skilled Woburn car accident lawyer can be helpful in the recovery process. in many cases, insurance will provide you with compensation to cover certain damages associated with your injuries. However, there are certain situations where filing a lawsuit will be the best option to recover additional damages that insurance does not provide. A Woburn car accident lawyer can help you collect the evidence you will need to prove your case.
If you suffered injuries in a car accident, our Woburn car accident lawyers at the Law Office of John J. Sheehan can provide you with a free case review. Contact us today at (617) 925-6407.
Common Causes of Car Accidents in Woburn, MA
Car accidents are arguably one of Woburn’s most common types of personal injury cases. However, each type of car accident case differs depending on how it occurred. The following are the most common causes of car accidents in Woburn:
- Speeding
- Texting or distracted while driving
- Running legally posted signs and red lights
- Driving under the influence of alcohol or drugs
- Tailgating
- Failure to yield the right of way
- Improper lane changes
- Reckless driving
Unfortunately, there are many other ways a car accident occurs. Our Woburn car accident lawyers have years of experience litigating car accident cases and are ready to fight for you.
Filing for Insurance Benefits After a Car Accident in Woburn, MA
While the person who caused your car accident should be held responsible, Massachusetts’ no-fault laws work differently when making an insurance claim for benefits. In Massachusetts, drivers are required to recover compensation for their injuries from their private insurance provider without needing to prove fault. This is mandatory no matter who caused the accident.
However, the tradeoff of not having to prove liability before receiving compensation is that many victims will be prevented from filing a lawsuit to recover additional damages. The purpose of Massachusetts’ no-fault laws is to reduce the amount of car accident lawsuits being filed in court. Our Woburn car accident lawyers can help you with the insurance claims process to ensure that you are treated fairly.
When You Can File a Lawsuit After a Woburn, MA, Car Accident
Unfortunately, insurance benefits might be far too little to cover the full extent of your injuries. While car insurance will typically provide benefits for economic damages, like medical costs and lost wages, it will not compensate you for the non-economic damages you have suffered, such as physical pain and emotional suffering. However, if you have suffered injuries that qualify as serious, then filing a lawsuit in Woburn would be appropriate. Mass. Gen. Laws Ch. 231, § 6D lists several categories of injuries that are considered serious.
- $2,000 in medical expenses
- Death
- Loss of a body part
- Permanent and substantial disfigurement
- Substantial loss of hearing or sight
- Fractures
Numerous injuries could fall into these categories. Our Woburn car accident lawyers can review your case to determine if a lawsuit is the best option to recover the full amount of compensation you deserve.
Evidence Used to Prove Fault in a Woburn, MA, Car Accident Case
Several important pieces of evidence can be used to prove the accident occurred the way you describe it. A key piece of evidence in any car accident case is the police accident report. Police reports will contain important details about the accident taken directly at the scene and from victims and witnesses while the accident is still fresh in their heads.
Photos of the scene of the accident and damage to the vehicle are hard to argue against in court. Photos can paint a clear picture for the court of how the accident occurred and what damages actually resulted. Photos of your injuries taken on or near the day you were injured will also preserve the extent of your injuries in a form more appreciable than words.
Your medical records will typically serve as the bulk of your evidence package. Records from the emergency room, physical therapy, or any other specialists you visited to treat your injuries will help calculate an accurate financial assessment of your damages.
Surveillance footage has also become a much more common source of evidence as camera technology and security have improved. Many cars are equipped with dash cams, and businesses usually maintain surveillance cameras around their property, which could capture a car accident as it occurs. Our Woburn car accident lawyers can help you obtain the evidence you need to prove the facts in your case.
Statute of Limitations to File a Car Accident Lawsuit in Woburn, MA
Every state has a time limit to file a car accident lawsuit, referred to as the statute of limitations. According to Mass. Gen. Laws Ch. 260, § 2A, victims of a car accident will have three years from the date of the accident to file a lawsuit in Woburn. While three years might seem like a long time, collecting evidence and questioning witnesses takes time. If for some reason the case needs to be refiled, you could find yourself in a difficult situation if too much time was taken before filing.
The rare exceptions to the statute of limitations are for minor children injured in a car accident and individuals who cannot file because they were incapacitated by mental illness at the time of the accident. In most cases, if your car accident lawsuit is not filed in time, the court will dismiss your case, thus ending any legal chances at recovering compensation. Our Woburn car accident lawyers can help craft your lawsuit and ensure it is filed promptly.
Our Woburn, MA, Car Accident Lawyers Can Help
If you were injured because of another driver’s negligence, our dedicated Woburn car accident lawyers are here to fight for your rights. Call the Law Office of John J. Sheehan at (617) 925-6407 today for a free case evaluation.
