When drivers allow their attention to stray from the task of driving or use substances that impair their driving ability, tragic auto collisions often occur. Any individuals who sustain injuries in an auto collision may have grounds to file a personal injury claim if they can prove someone else responsible for the wreck.
It is never too soon to speak with an experienced personal injury attorney regarding your accident-related injuries and how they could help you recover the compensation you deserve. Schedule a consultation with a Brockton car accident lawyer if you were injured in an auto wreck due to another person’s negligence. En Español.
Common causes of car accidents include distracted driving and driving under the influence of drugs or alcohol. While some car wreck cases involve only one at fault party, other cases could involve multiple parties. If the party who seeks to recover damages was partially at fault in the accident, then comparative fault rules may apply.
Various states have different rules regarding comparative fault. In Massachusetts, an individual who contributed to their own injuries might face a reduction in the damages they may recover.
Massachusetts General Laws Chapter 231 §85 describes the effect of a finding of shared fault in Brockton. As the statute makes clear, the percentage of fault that the injured party bears is essential. As long as the individual’s fault is not greater than the fault of the other parties, they may still be able to recover reduced damages.
However, there is a possibility that a plaintiff may not be able to recover any damages at all. The percentage of fault that an injured individual bears is also important because—if they can recover damages—their damage award may be reduced based on their percentage of fault. Speaking with a car accident attorney in Brockton could help an accident victim understand the concept of comparative fault.
The issue of comparative fault often arises when a careless driver faces liability for an injury. That defendant could attempt to argue that the injured party is partially at fault because, for example, they were speeding or using a cell phone when the other party caused the collision. Being prepared for arguments such as these could be key to successful outcomes in negotiations and trial.
An individual seeking compensation for injuries sustained in a car accident may attempt to reach a settlement agreement. In the interest of pursuing one, a Brockton car accident lawyer could gather documentation, assess damages, and negotiate with other parties on an injured party’s behalf. If the parties do not reach a settlement agreement within a reasonable period of time, it may be beneficial to consider filing a car crash lawsuit.
It is important to remember the statute of limitations as a case progresses. In Massachusetts, car accident victims generally have three years to file a lawsuit. Failure to file the lawsuit within the allotted timeframe could mean that an individual loses the right to recover damages altogether. Therefore, an injured individual should reach out to a seasoned lawyer as soon as possible.
You should not have to bear the financial burden of your injuries if they were caused by the carelessness of another party. Negligent drivers should be held accountable for their actions, and a seasoned attorney could help. Call a Brockton car accident lawyer for an evaluation of your claim if you were injured in an auto wreck due to a person or company’s negligence.