When you or a loved one is involved in a car accident, your life can change dramatically and suddenly. You’ll need to consider several things, like paying your medical bills, how much income you’ll lose during your recovery, and who will pay for repairing or replacing your car. Accomplishing these tasks can become stressful, especially if you’re seriously injured. You can put them off, right?
While you don’t have to file personal injury claims immediately after a car accident, every state has statutes of limitations that you must meet. Jason Stone and his team will help you with all aspects of your claim and ensure that it is submitted before these deadlines.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for completing a legal matter. Each state sets its own statutes of limitations, and they can vary widely. After a car accident in Massachusetts, you can file different kinds of claims, and the statutes of limitations may differ. If you fail to file a claim before these deadlines, you’ll likely lose your right to seek compensation.
- Personal injury: three years for most cases
- MBTA accidents: two years
- Wrongful death: three years
- Defective product: three years
- Property damage: three years
There are some exceptions to these timeframes. Ask your attorney which deadlines apply to your case. If a government agency in some way causes your accident, your claim is subject to strict procedures, protocols, and potentially shorter time frames for filing various paperwork.
Preparing and filing a claim takes time, so it’s best to contact Jason Stone Injury Lawyers soon after your car accident. If you wait and don’t give your lawyer enough time to prepare, you may not be able to file a successful claim.
There are other valid reasons to contact a car accident attorney immediately:
- Witness’s memories fade with time.
- Evidence becomes more challenging to find.
- Your financial strain will likely worsen.
- You may need assistance getting appropriate medical care.
- You might unintentionally damage your claim with certain actions.
Are Car Accident Claims Complicated in Massachusetts?
Each accident and related claims are different; some are much more complex than others. We’ll discuss some of the more challenging aspects of claims in Massachusetts.
Reluctant Insurance Companies
Most claims involve insurance companies, and they don’t like compensating deserving victims. Most people who hire a car accident lawyer for assistance obtain significantly more compensation than those without legal representation. Before You Deal With the Insurance Companies on Your Own, You Better Phone Stone®.
Massachusetts is a no-fault state, meaning that licensed drivers must obtain personal injury protection insurance in addition to required liability coverage. These policies pay for specific damages regardless of who is at fault for causing a collision.
Some car crashes in Massachusetts allow injured victims to file a claim against other drivers outside the no-fault system. To do so, you must:
- Have medical expenses exceeding the specified threshold
- Suffer specific injuries, such as broken bones, serious or permanent disfigurement, or vision or hearing loss
PIP payments won’t cover all your expenses in many cases. Ask your attorney from Jason Stone Injury Lawyers for more information and help filing your insurance claims.
Modified Comparative Negligence
Each state conforms to doctrines governing who can seek compensation in personal injury claims and how much they can obtain. Massachusetts uses modified comparative negligence with a 51% cap.
In many accidents, more than one person shares responsibility for causing them. An investigation assigns a percentage of fault to each driver. Unless you’re more than 51% at fault for causing your collision, you can probably seek damages. However, there is a catch.
Suppose you’re 15% at fault, and damages for the accident are $100,000. The most you can obtain is $85,000 because your percentage of fault is deducted from the damages. $100,000 – 15% = $85,000.
Commercial vehicles, whether vans, cars, or trucks, complicate accident claims. Where a passenger auto generally has only one person responsible — the driver — commercial vehicles have several potentially liable parties. Jason Stone’s team will investigate thoroughly to ensure that the fault is placed where it belongs.
Like those involving commercial vehicles, multiple-vehicle accidents typically have several people who are partially to blame.
What Kinds of Claims Can You File After a Car Accident?
The circumstances surrounding your accident and the kinds of damages that result determine what types of claims you are eligible to file after a car crash.
Many car crashes cause injuries, from mild scrapes to life-threatening wounds. These injuries can create financial strain from medical bills, lost wages, and more. If someone else caused your accident, you deserve compensation. Jason Stone Injury Lawyers can help with insurance claims, and we will also file civil lawsuits if needed.
In Massachusetts, you may qualify to receive three kinds of damages.
These reimburse you for certain expenses, such as:
- Medical bills
- Lost wages
- Specific daily expenses
Keep your bills and receipts. You might also be eligible to seek compensation for future lost wages and medical expenses.
You may qualify for non-economic damages for things like:
- Pain and suffering
- Losing the ability to enjoy life fully
- Social or personal relationship damage
Ask Jason Stone’s team how much your case is worth.
If the party who caused your accident committed reckless, wanton, or willful acts or gross negligence, you might receive punitive damages. Few cases qualify; ask your lawyer if your case is eligible.
When car crashes cause fatalities, eligible survivors may be entitled to file a wrongful death claim. If the deceased had lived and could have filed a personal injury claim, the death usually qualifies as wrongful death.
Car accidents can cause extensive property damage. In addition to damaged cars, accident victims can seek compensation for other items as well:
- Personal items within their vehicles, such as phones or other electronic devices
- Clothing and accessories, including watches
- Groceries or other cargo
- Fences, mailboxes, and other structures
Manufacturers usually make every effort to sell safe products, but defective parts sometimes make their way to consumers. Car manufacturers and those who produce parts like brakes, steering systems, and tires may be held responsible if these defects directly cause an accident.
Bad Faith Insurance
Insurance companies don’t like to pay claims, but some take that to the extreme. You might have a bad faith insurance claim if liable companies:
- Create unreasonable delays
- Fail to investigate promptly
- Commit deceptions or otherwise deliberately attempt to avoid paying a valid claim
- Use abusive or aggressive behaviors
- Refuse to defend you in a claim made against you
Insurance companies owe specific duties to their policyholders in exchange for premium payments. If you believe an insurance company is acting in bad faith, contact Jason Stone Injury Lawyers for assistance.
Why Had You Better Phone Stone®?
Car accident victims deserve a competent attorney who focuses on personal injury claims in Massachusetts. Jason Stone Injury Lawyers has over 80 years of combined experience helping injured clients obtain maximum compensation, winning more than $60 million for them.
We provide every client with our Stone Cold Guarantee®. Request your free case evaluation today; There’s No Obligation, Just Information®. If you choose to hire Jason Stone Injury Lawyers, you won’t pay us until we win compensation for you. Call us 24/7 at (800) 577-5188, reach out via live chat, or complete an online request.