Finding any car crash lawyer in Boston is as simple as an online search. However, finding a car crash lawyer you can trust to handle your case with aggressive representation and supportive understanding means looking for a legal team with experience and a track record for success. Suppose you suffered an injury or lost someone you love in a car crash caused by someone else. In that case, you want to ensure you have a lawyer on your side who knows the laws that can affect your case in Massachusetts and has the resources to sufficiently value the damages in your case.
What Can a Car Crash Lawyer Do for Your Case?
The aftermath of a car accident can be confusing, frustrating, and scary, especially if you suffered substantial damages and have compiling bills. However, with legal representation, you have a significant advantage. Examples of what a car crash lawyer can do for your case include:
- Handle the tedious work. Filing a lawsuit requires a considerable amount of paperwork, including filing the claim with the civil court and creating a demand letter that articulates the details of your fault accusations and a list of damages. Your attorney will take care of all that work for you and ensure it is done correctly to avoid any unnecessary delays in your case.
- Negotiate with the insurance company. Negotiation is a fundamental component in any personal injury case. Most car crash cases conclude in a settlement as the result of negotiation rather than going to trial, and insurance companies often approach this process with aggression. Their goal is usually to shift blame or devalue damages to protect the company’s best interests. However, an experienced attorney will ensure you have the evidence to support your case.
- Provide emotional support. The aftermath of a car crash is physically, emotionally, and financially taxing. Having an attorney who understands the burden it places on victims is a valuable asset for your recovery. An excellent personal injury lawyer understands the balance between being a friend and a professional.
- Build a case to support your claim. As the plaintiff in a car crash lawsuit, you must supply the evidence to support your claim that the defendant owed you a duty of care, violated that duty of care, and caused the accident that resulted in your injuries. Additionally, you must collect evidence supporting your claim for damages. Your attorney will take care of that by conducting an independent investigation of your case.
- Help you identify potential damages. Fault and damages are the foundation of a personal injury claim, and your chance of collecting compensation is low without proof of your losses. An experienced car crash attorney knows the economic and non-economic damages available in most cases and can help you identify them.
- Connect you with medical providers. Over time, personal injury lawyers build relationships with medical professionals, especially those in emergency medicine and specialists who often treat car accident victims. As a result, they could potentially offer you access to providers in favor of providing medical liens.
- Explain your rights. State laws govern personal injury cases. A personal injury attorney practicing in Boston understands the regulations specific to Massachusetts and how they apply to your lawsuit. When you hire a lawyer, they explain your rights and provide advice throughout the legal process to protect your potential for compensation.
- Prepare for trial. Sometimes the insurance companies refuse to cooperate and offer a fair settlement. Should this happen, your attorney may advise you to take the case to trial. An experienced attorney will already be prepared for trial regardless of the likelihood of settling.
Not all accidents require a lawsuit, mainly cases involving minor injuries and no significant property damage. However, car crash lawyers typically offer a free consultation to listen to your case and help you understand how best to move forward in pursuit of compensation. They start by considering the details of your accident and the laws that affect car crash cases in Massachusetts.
What Laws Affect a Car Crash Case in Massachusetts?
When you speak to a Boston car wreck lawyer, they will likely address four Massachusetts laws applicable to car crash cases. To understand the limitations to compensation, you want to know more about these specific laws. It starts with whether you reported the collision.
Reporting the Accident
Any driver involved in an auto accident in Massachusetts must report the accident under certain conditions. For example, if anyone suffers an injury or dies, you must call the police. Additionally, if any property damage in excess of $1,000 occurred, you must report the accident, even if no one suffered an injury. To be safe, you can still report accidents that do not meet these requirements by filing online or at the police station.
No-Fault Auto Insurance
Massachusetts is one of only a few states requiring drivers to carry personal injury protection insurance. PIP insurance covers up to $8,000 in medical expenses and as much as 75% of lost wages due to your accident. In addition, PIP coverage allows you to avoid the issue of fault and file a claim with your insurance company. However, the limitations of PIP stop you from recovering non-economic and property damages. For this reason, victims of severe bodily injuries, such as fractured bones and serious disfigurement, can bypass PIP and file a lawsuit against the party responsible for the accident.
Statute of Limitations
All states have a statute of limitations for filing an auto accident claim. In Massachusetts, you have three years to file, and the timeframe starts on the date of the accident. Any delays leading to you missing the deadline could result in immediate dismissal of your case without any opportunity to recover damages.
Modified Comparative Negligence
The most common argument from the defense in a car crash case includes allegations of shared fault. If you do bear some responsibility for the accident, Massachusetts still allows you to collect compensation under the stipulations of the modified comparative negligence rule. According to this law, the court will determine what percentages of fault belong to each party in the case and then deduct an amount equal to the plaintiff’s share from the total damages. However, if your portion of fault exceeds 50%, you cannot recover any percentage of damages. Therefore, if you are 20% at fault, you can still receive 80% of the damages. If you are 60% at fault, you receive nothing.
When Should You Schedule a Consultation With a Car Crash Lawyer in Boston?
You can contact a car crash lawyer immediately after the collision when the accident details are still fresh in your memory. With an attorney’s help, you can file your lawsuit and get the compensation you need, eliminating the worry that often comes with compiling medical bills and lost income. At Jason Stone Injury Lawyers, we understand the financial struggle that car crash victims face, and our goal is to help you get your life back on track without contributing to that burden. That is why the first element of the Stone Cold Guarantee states that our opportunity to receive compensation depends on our ability to secure a settlement or award for you. With over 20 years of experience with personal injury law, we can confidently fight to protect your rights. Contact Jason Stone Injury Lawyers today for your risk-free case evaluation. There’s No Obligation, Just Information (R).