Massachusetts Car Accident Lawsuit
How Do I Know if a Massachusetts Car Accident Lawsuit is the Right Choice?
Massachusetts is a no-fault auto insurance. This means there are restrictions on filing a lawsuit against the at-fault parties or their insurers. In minor accidents under certain injury and monetary damages limits, you can only file a claim on your own insurance policy.
Talk to a lawyer to find out if your situation qualifies to file a lawsuit. If it does, you may want to sue to recover more damages. Your insurance policy may not provide adequate compensation for all the expenses you have after a serious accident.
How Will My Lawyer Prove Negligence in a Lawsuit?
If your situation qualifies for a lawsuit and you decide to sue, your lawyer will need to prove someone else was negligent in causing your injuries. This means showing that they failed to act in a reasonable way, which often means that they violated traffic laws or operated a vehicle recklessly or distractedly.
To prove negligence and that the defendants are liable for your damages, your lawyer needs to investigate the accident and gather evidence. They have experts in investigations, medicine, and other areas to help make your case. Your lawyer will need from you:
- Your honest recollections of the accident
- A description of how your injuries have impacted your life
- Your medical records
- All medical bills and other expenses related to your injuries
- Information about your job and how the injuries affect your ability to work
- Any emotional or physical suffering or trauma you have experienced
- Insurance information
- Any information you have about other people involved in or witness to the accident
Is it Ever Too Late to File a Massachusetts Car Accident Lawsuit?
It can be too late to file if you try to start a lawsuit after the statute of limitations has passed. In Massachusetts, this is three years. Exceptions to this are not common, so talk to a lawyer as soon as possible after an accident.
How Much is My Case Worth?
The damages you may be able to recover in your Massachusetts car accident lawsuit depend on factors unique to your case as well as state laws. The most important law for damages is comparative fault. This rule states that the court will reduce your jury amount by the same degree to which you are at fault in causing the accident.
Individual factors help your lawyer estimate a fair amount of damages they will seek for you in negotiations or in a jury award:
- The extent and severity of your injuries
- How your injuries impact your daily life and ability to work
- Any permanent, disabling, or disfiguring injuries
- Your expenses, including medical bills and lost wages
- Emotional and physical pain and suffering
What Are the Steps in a Massachusetts Car Accident Lawsuit?
If you decide to file a lawsuit, it will proceed through several steps in the Massachusetts court system. These are similar to steps in other states. Most lawsuits end in a settlement, but you should be prepared to go to trial if negotiations fail.
- Filing
The first step in a car accident lawsuit is to file the complaint. This goes to the appropriate court and notifies the defendants. It also contains the outline of your case and what you hope to recover. - Discovery
A complaint triggers the start of a discovery period during which both sides investigate and build a case. Your lawyers will continue to rely on experts to investigate the accident, talk to witnesses, gather evidence, and prove negligence. - Negotiations
If possible, your lawyer will negotiate a fair settlement with the defendant’s lawyers. If it works out, you will get compensation sooner. Most cases end here. - Trial
If you cannot get a fair amount in negotiations, you can push the case to court. During a trial, both sides make a case for the jury to decide. If the jury decides in your favor, they will award a damages amount. - Appeals
The defendants may appeal a decision and ask a higher court to overturn it. In this case, your lawyer will have to keep up the fight, and your ability to collect compensation gets delayed.
Examples of Massachusetts Car Accident Lawsuits
No one can exactly predict the outcome of your case or a damages amount. However, experience on the part of your lawyer makes it easy to make a reasonable estimate. Cases like these real lawsuits from Massachusetts show you what may be possible when you stand up to negligent drivers and insurers:
- Zoe Rosenthal died after being struck by a vehicle in 2017. Rosenthal, of Holyoke, was in a pedestrian crosswalk when Charles Davignon turned left at the intersection and hit her. Her family filed a lawsuit claiming he was negligent in the incident. He was later found to be nearly legally blind in one eye. The Rosenthals won a jury award of $9.5 million.[1]
- The family of Kimmy Dubuque won a jury award of $20 million after an accident resulted in her death in 2010. The driver of an SUV had a stroke and crashed into the Cumberland Farms store where Dubuque was. Her family sued the company, based in Westborough, for failing to have barriers in front of the store.[2]
- In another wrongful death accident, the family of George Power of Easton sued two teens, Colin O’Hearne and Christopher Duggan. O’Hearne struck Power as he was walking his dog in 2013. A jury found them grossly negligent in Power’s death and awarded the family $1.15 million.[3]
If you’re thinking of filing a Massachusetts car accident lawsuit, these examples may help you understand the possible outcomes. After an accident, the best thing you can do is reach out to an expert lawyer in the state for advice and guidance.