The Insurance Institute for Highway Safety (IIHS) reports that nearly 37,000 people died in fatal motor vehicle crashes in the United States in 2018. But according to the U.S. Centers for Disease Control and Prevention (CDC), the full impact of car accidents is even greater. For every one person killed in a motor vehicle crash, nine people are hospitalized and 88 are treated and released from hospital emergency departments.
All motorists must help keep the roads safe for everyone by following traffic rules and using common sense. Unfortunately, some ignore their responsibilities to other road users and end up causing accidents. A car accident usually occurs as a result of negligence, which can physically, emotionally, and financially hurt the victim.
If you or your loved one sustained injuries or personal property damage because of a negligent motorist, contact a Boston car accident lawyer for help. Massachusetts car accident compensation laws allow you to recover damages if the person you are suing was at least 50% negligent in causing the accident.
We can help you understand your rights, and if you have a valid claim, we can aggressively pursue a settlement. Call Ben Crump Law, PLLC today at (800) 598-7557 to learn more.
Evaluating Your Case
Massachusetts car accident laws provide parameters to determine who is responsible for personal injury and property damage resulting from a car accident. While there are many different factors involved in a car crash, you can only recover compensation if you can prove the four elements of negligence—duty, breach, causation, and harm.
Duty
Every driver has a legal obligation to obey the rules of the road and use their vehicle reasonably. This means they must obey traffic signals, maintain control, use proper speed, exercise caution, and more. A duty arises once the law recognizes a relationship that requires the defendant to act with a standard of care toward the plaintiff.
Breach
As the plaintiff, you must offer evidence that the defendant breached that duty. Whether a defendant violated a duty of care is often decided as a question of fact by a jury. Once it has been established that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant was in breach of that duty.
You can prove the defendant’s breach by showing direct evidence such as the defendant’s admission of fault, surveillance video, eyewitness testimony, and so forth. If there is no admission, you can look for circumstantial evidence, such as skid marks or damage to your car.
Causation
After you prove that the defendant had a duty to operate their vehicle reasonably and the defendant breached that duty, you must prove that those circumstances caused the plaintiff’s injuries. If you cannot show the element of causation through expert testimony or prove that the injuries resulted from the accident, you may have a hard time winning your case.
Harm
Next, your lawyer will have to prove that the other driver’s conduct produced damage to you or your vehicle. To qualify for compensation for medical expenses, loss of wages, pain and suffering, and other losses, you must show proof of your injury.
A severe car accident is a messy event that could significantly alter your lifestyle and cause great stress for you and your loved ones. If you were seriously injured in a car accident, the idea of pursuing compensation for damages while you try to recover may seem overwhelming. Your injuries might even make it impossible to advocate for yourself.
The Boston car accident lawyers at Ben Crump Law, PLLC are here to answer your questions. Call our team today to learn more.
For a free legal consultation with a car accidents lawyer serving Boston, call (800) 598-7557
State Laws That Could Impact Your Case
If you are considering filing a personal injury lawsuit, it is crucial to know how the following laws may apply to your situation.
Statute of Limitations
Under the statute of limitation laws for the state of Massachusetts, you only have three years from the date of the accident to file a personal injury lawsuit. With few exceptions, attempting to submit your claim past the deadline forfeits your right to compensation. As such, you will need to work with a Boston car accident lawyer who can gather the necessary evidence to submit the claim on time.
Statutory Damage Caps
Massachusetts does not have a cap when it comes to damages, including pain and suffering damages for personal injury cases. With the assistance of a Boston car accident lawyer, you could get the maximum compensation to cover your medical expenses, lost wages, or other losses.
After an injury, the most significant losses are non-economic. Many plaintiffs file lawsuits not just to recover economic damages—which are often covered by insurers—but to regain their previous quality of life. Non-economic damages may include emotional trauma, pain and suffering, and loss of interest in activities they used to enjoy.
Boston Car Accident Lawyer Near Me (800) 598-7557
Let Us Represent You
If you were injured because of someone’s negligence, our Boston car accident lawyers are here for you. If you receive a settlement offer, we can help you determine if it is acceptable or if further negotiations are required to get the compensation you deserve. Keep in mind that if you accept a settlement, you will no longer have the right to sue in the future.
At Ben Crump Law, PLLC, we do not shy away from tough cases and we will fight for your right to compensation. Call (800) 598-7557 today to speak with a member of our team. There are no upfront or out-of-pocket costs for our services—you only pay a fee if we win your case.
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