If you’ve been in a car accident, chances are you probably are in the midst of navigating a sea of paperwork and phone calls. You may be filing claims with your insurance company, filing police reports, visiting doctors, and handling an array of other tasks that emerge after an accident. If you’ve sustained serious injuries or damage to your vehicle, your insurance may not be enough to cover compensation. In this case, it is time to take the paperwork to the next level. Contact our team to explore your options when it comes to recovering substantial expenses.
In regards to car accidents, Massachusetts is a “no-fault” state. This means every driver is required to go through their own insurance to cover injuries and damages resulting from the accident. However, car accident victims are allowed to go outside their insurance and pursue personal injury compensation if their claims exceed certain parameters. For example:
If claimants meet any of these requirements, they can seek damages outside of their insurance carriers in a personal injury suit. However, a personal injury claim will require the help of an experienced attorney. Personal injury suits can be a long and complex process, and an attorney will represent you effectively and get you the compensation you need.
When filing a personal injury suit, the plaintiff will have to prove the other driver acted in a negligent manner, directly resulting in the accident. Massachusetts follows the comparative negligence clause. This means both drivers can be considered liable for the accident, but only the driver who is less than 50% at fault can receive the remaining amount of compensation.
For example, if the damages totaled $10,000 and you were found to be 20% at fault, you will be eligible to receive 80% of damages (or $8,000) from the defendant. If you were found to be 50% at fault or more, you will not be able to receive any compensation. This is why it is important to seek an experienced attorney.
Proving negligence in a car accident can be tricky without the proper help and documentation. A competent attorney will make sure you have all the applicable records and proof needed for a personal injury case. A personal injury suit allows for plaintiffs to receive compensation to recover economic and non-economic damages, which are defined as the following:
Economic damages are those that have a measurable amount, like medical expenses, lost wages, out-of-pocket expenses, etc. Basically, anything with a finite number attached to it.
Non-economic damages are those that do not have a fixed, measurable number, like pain and suffering, loss of companionship, and punitive damages. These damages are instead calculated using a formula based off the economic damage amounts.
If you have been in an accident and are having trouble recovering your expenses through an insurance claim, you may want to consider a personal injury suit. Because insurance claims only cover a certain amount of money and certain types of damages, it may be difficult for you to receive adequate compensation without going outside your insurance. Contact Sweeney Merrigan Law at (617)-391-9001 to explore the possibility of a personal injury lawsuit.
Based out of Boston, MA, we serve clients throughout the state of Massachusetts. The Boston personal injury attorneys at Sweeney Merrigan Law are exceptionally experienced in several branches of personal injury law, including car accidents. We represent each client aggressively and have a long history of achieving excellent results.