Even a minor car accident can lead to numerous unexpected expenses. If you were injured in a crash that wasn’t your fault, a car accident lawyer can help you seek damages.
Sweet James has over 25 years of experience helping accident victims. If you were involved in a crash with a negligent driver, a Massachusetts car accident lawyer can help you file a claim and pursue a fair settlement.
How a Massachusetts Car Accident Attorney Can Help
After a car crash, dealing with insurance companies and proving liability can be challenging.
A personal injury lawyer can help by:
- Investigating the accident: An attorney can gather police reports, photographs, medical records, witness statements, and other evidence that can help establish what happened and who is at fault.
- Calculating your damages: A lawyer can evaluate your medical expenses, lost income, property damage, pain and suffering, and other losses and calculate the value of your claim.
- Negotiating a settlement: An attorney can negotiate with the insurance company on your behalf and pursue a fair settlement.
- Preparing for litigation: If a reasonable settlement cannot be reached, a lawyer can prepare your case for court and protect your interests during litigation.
What Types of Compensation Can You Recover?
The compensation available after a car accident depends on factors such as the severity of your injuries, who was responsible, and the insurance coverage involved.
You may receive compensation for:
- Medical expenses: You can seek compensation for reasonable accident-related medical costs, including emergency treatment, hospitalization, medication, rehabilitation, and other necessary care.
- Future medical care: You can pursue damages for anticipated medical treatment if your injuries require ongoing or future care.
- Lost wages: You can seek compensation for income you lost because your injuries prevented you from working.
- Reduced earning capacity: You can recover additional compensation if your injuries affect your ability to earn the same income in the future.
- Property damage: You can pursue compensation for damage to your vehicle and other personal property involved in the accident.
- Pain and suffering: You can recover damages for physical pain and the suffering caused by your injuries.
- Emotional distress: You can seek compensation for psychological effects associated with a serious accident or injury.
- Loss of enjoyment of life: You can pursue additional damages if your injuries interfere with hobbies, activities, relationships, or other aspects of your daily life.
A Massachusetts personal injury lawyer can assess your losses and help make sure they are all included in your claim.
How Long Do You Have to File a Car Accident Lawsuit in Massachusetts?
According to Massachusetts General Laws Chapter 260, § 2A, you generally have three years from the date of a car accident to bring a personal injury lawsuit in Massachusetts. If you try to file a lawsuit after this deadline expires, the court will likely dismiss your claim.
An exception may apply if your case involves minors, government entities, or injuries that don’t show up right away. A Massachusetts car accident attorney can explain the statute of limitations that applies to your claim.
What if You Were Partially at Fault?
Massachusetts enforces a modified comparative negligence law. Under this system, you cannot recover damages for a car accident if you are found to be at least 51% at fault for it. If you are assigned 50% or less of the responsibility for the crash, you can pursue damages, but your compensation will be reduced by your percentage of fault.
For example, if you suffer $100,000 in damages but are determined to be 20% responsible for the crash, your recovery would be reduced to $80,000. A Massachusetts auto accident lawyer can help refute any claims from insurers that you are responsible for your accident.
How Does Massachusetts No-Fault Insurance Work?
Massachusetts follows no-fault accident laws, which means your Personal Injury Protection (PIP) coverage generally pays for medical bills and lost wages after a crash, regardless of who is at fault.
In addition, if your reasonable and necessary medical expenses exceed $2,000, or you suffer a serious injury such as the loss of your sight or hearing or permanent disfigurement, you may be able to step outside Massachusetts’s no-fault system and pursue a personal injury claim against the at-fault driver.
Through a personal injury claim, you can seek compensation from the at-fault driver for damages that PIP does not cover, including pain and suffering, property damage, and lost earning capacity. A Massachusetts auto accident attorney can evaluate your case and determine whether you have grounds for a personal injury claim.
What Causes Car Accidents in Massachusetts?
Car accidents can happen for many reasons. Some crashes result from a driver’s careless behavior, while others involve poor road conditions, defective vehicles, or multiple contributing factors. Common causes of Massachusetts car accidents include:
- Distracted driving
- Speeding or driving too fast for road conditions
- Following another vehicle too closely
- Failing to yield the right of way
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Fatigued or drowsy driving
- Unsafe lane changes
- Failing to account for snow, ice, rain, or fog
- Defective vehicle components
- Poorly maintained roads
A Massachusetts car crash lawyer can collect evidence to prove what caused your accident.
What to Do After a Car Accident in Massachusetts
The steps you take after a car crash can affect both your health and your ability to pursue compensation. If you are physically able to do so, you should:
- Call 911: Report the accident and request emergency medical assistance if anyone is injured.
- Exchange information: Get the other driver’s name, contact information, driver’s license information, license plate number, and insurance details.
- Document the scene: Take photographs or videos of the vehicles, your injuries, the road conditions, and any other details that may help show what happened.
- Talk to witnesses: Ask witnesses for their names and contact information in case you need to request statements from them later.
- Seek medical attention: Get evaluated by a healthcare professional, even if your injuries initially seem minor.
- Report the accident to your insurer: Notify your insurance company promptly but avoid discussing fault.
- Contact our lawyers: Reach out to our Massachusetts car accident attorneys before agreeing to a settlement.
Contact a Car Accident Lawyer Serving Massachusetts
If you are looking for a Massachusetts car accident lawyer near me, Sweet James is here to help. A lawyer from our team can investigate your crash, assist with your claim, and help you pursue the compensation you deserve.
Schedule a free case review to start building your claim.
