Massachusetts Accident Lawyers
In Massachusetts, auto accident claims are based on
driving negligence or fault. Negligence occurs when a driver
does not use "due care" in operating their car. "Due
care" is subjective to a degree, but in most accidents,
the driver at fault is reasonably clear. In close cases, where
fault is unclear, the injured person may have a harder time collecting,
but generally the value of the claim will be only somewhat lower.
If the injured person was clearly at at fault, then they may
have a harder time pursuing claims against another driver (but
should still speak to a lawyer as they may be able collect under
their own policy and that of the vehicle).
A car accident claim is based upon two factors that insurance
companies will use in evaluating your claim: the issue of liability
and the calculation of damages. The liability element of the
claim is where an insurance carrier assesses who was at fault
in the accident as discussed above. The second element is a question
of damages, listed below are some of the circumstances where
an injured driver can pursue a legal claim. The main factor in
many accident claims especially those involving back and neck
injuries, is whether at least $2000 in medical bills has been
sustained. If that amount is reached, including the bills during
the coarse of treatment, an injured person may bring a legal
claim.
Can you Sue? These are some of the
Factors:
Under Massachusetts car accident law, you are entitled
to seek damages for pain and suffering against the operator(s)
of the other motor vehicle(s) involved when any one of the following
criteria are met:
1. Death is caused;
2. A fractured bone is suffered;
3. Permanent and serious disfigurement is caused;
4. A "sense" is lost such as hearing, sight, taste
or smell;
5. Loss of a body part is suffered;
6. Or, where your reasonable and necessary medical bills equal
or exceed $2,000.
(Massachusetts General Laws: Chapter 231: Section 6D.)
Proof of any one of the elements above typically require that
you obtain your medical records from the institutions or individuals
by whom you were treated as a result of the accident. Your attorney
may obtain your medical records for you upon receipt of your
written consent typically in the form of a Release. You may then
decide with the advice and counsel of your attorney whether you
should pursue your action against another party for damages.
Typically, in cases where serious injury has resulted, a plaintiff
will have claims for pain and suffering, which is defined above;
negligent and/or intentional infliction of emotional distress;
and loss of consortium.
A plaintiff may also have a claim for loss of consortium in
instances where a family member or spouse is severely injured
or dies as the result of an automobile accident. Loss of consortium
may be proven in the spousal arena by showing that the relationship,
both physically and emotionally, has been damaged as a result
of the accident. In the familial arena, parents of a child or
an adult child who is dependent on his parents for support may
have a claim for loss of consortium where the child has been
seriously injured against any person who is legally responsible
for causing such injury.
You will need an attorney to ensure that you have properly
asserted all the claims upon which you are entitled to recovery.
You should always seek advice and counsel of a competent attorney
prior to initiating any type of legal proceedings against another.
Our statewide Network features Massachusetts personal injury
lawyers who have experience handling basic rear ender accidents
as well as obtaining six and seven figure verdicts for people
seriously injured in car accidents. Find
a Massachusetts Accident Attorney >>
