Accidents happen. Whether it’s a car crash or a slip and fall outside a building, these incidents can happen. Unfortunately, it could also lead to the need for legal intervention. Injury victims seek out representation to help compensate them for medical expenses, as well as property damage and other circumstances that lead to a personal injury claim. If you are looking to pursue the services of an attorney, here are a few things to keep in mind to make sure your case can stand up.
Getting Documents in Order
If you find yourself Googling “personal injury lawyers in Westwood“, you may be looking for the right attorney to help you with your Massachusetts-based personal injury case. You can set up a free consultation with a lawyer to get an assessment of your legal options after a car accident, truck accident, or any other injury claim. However, each individual case is not the same. Whether you were involved in a motorcycle accident in Quincy or a workplace incident in West Roxbury, cases are unique. However, one standard remains: Keeping track of all of the paperwork.
Let’s say you were involved in a car crash and required medical care. Acquiring an accident report from the local police department, as well as medical bills and insurance documentation, will only benefit your personal injury lawyer and better your case to receive maximum compensation. When it comes to civil litigation, much like criminal litigation, the proof is in the evidence. All of these invoices, claims disclosures, and more can help the case.
If you’ve been involved in an accident in Massachusetts, it’s important to make sure that you act within the confines of personal injury law. The state has its own statute of limitations for filing legal action in the civil court system after an accident. This law gives you three years to file a personal injury lawsuit, usually starting from the date of the accident. In some circumstances, a discovery date is invoked for a case. For example, if you were involved in a truck accident and didn’t discover significant muscular damage until a later date, the three-year term limit starts from the time doctors have discovered the issue.
While you may opt for mediation or a quick settlement from your insurance company, the clock is ticking when it comes to personal injury matters. It’s important to have a lawyer that has an understanding of the legal process within a certain jurisdiction. Some injury claims against a city, county, or state government agency only have a two-year timeline to file a formal claim. However, an injury lawsuit still follows the Massachusetts statute of three years to head to trial.
Of course, personal injury law varies by state, and there are parts of the legal process that anyone pursuing legal action in Massachusetts should be aware of. For example, accident cases may invoke “comparative fault” rules in certain cases. If you’re injured in a car accident but could be at fault to some extent in the crash, the comparative fault rules reduce damages if an injured party shares less than 50 percent of the fault. It also eliminates damages for an injured person if they are considered more than 50 percent at fault after due diligence.
Massachusetts is a “no-fault” state when it comes to auto insurance and car accidents. In a no-fault state, those injured in car accidents are expected to seek compensation under their own coverage. In most cases, you cannot step outside the no-fault system and pursue a claim against another party. However, there is significant leeway in the negotiating process based on the severity of the injuries and property damage. You could still claim considerable money to help deal with medical bills or expenses brought on by being out of work. It’s all about forming the right attorney-client relationship to pursue the proper legal options for your case.