Car accidents can happen in an instant, forcing drivers to react without thinking. You cannot control what other drivers do, but you can control what happens after you are in a car crash. Calling a Medford car accident lawyer should be one of your first steps.
You should not be liable for the negligence of another driver who caused your accident. A skilled personal injury attorney could work tirelessly to see that you are fairly compensated for your injuries.
Compensation for auto accident injuries may depend upon various factors that could differ dramatically between cases. Key elements to recovery could include the costs of medical bills and lost wages, the amount of property damage to the vehicle(s) involved, the age of the plaintiff, the extent and predicted the duration of their injuries, and the possibility of negligence on the part of the plaintiff.
Many other states have set limits on how much plaintiffs are entitled to or base compensation on specific injuries. However, Massachusetts has not set a cap on how much a plaintiff can receive in a car accident case. As such, courts in Medford can use information specific to each case to determine appropriate compensation for the plaintiff.
Plaintiffs who believe their own negligence may have contributed to the accident that injured them should discuss this with a Medford car accident lawyer. Under Massachusetts General Laws Ch. 231 §85, the plaintiff is presumed to have exercised due care in relation to an accident, unless the defendant can prove that they did not.
If the defense raises this issue and the court determines that the plaintiff contributed to the cause of the accident, the plaintiff could still recover damages. In this case, the court would decide a percentage of liability for the plaintiff and the defendant.
If the plaintiff is found to be less than 51 percent at fault, they may still be entitled to compensation under the concept of modified comparative fault. However, the percentage of liability given to the plaintiff would be used to reduce their compensation accordingly.
Regarding the role of car insurance after car accidents, Massachusetts follows a no-fault doctrine. This means injured parties must file a claim with their own insurance companies first, no matter whose fault the accident was.
Although property damage is still covered under the aforementioned comparative fault system, an injured driver can only step outside the bounds of the no-fault system and file a car accident claim if one or both of the following conditions apply:
Car accident laws can be quite complex. Fortunately, a knowledgeable Medford car accident lawyer could review the specifics of your case to determine if you have a valid claim for compensation.
It is important to note that your ability to file a claim as a car accident victim is time-sensitive, so contacting an attorney as soon as possible after a car accident is almost always in your best interest. Reach out today to get started on your case.