I have a lot of experiencing handling claims involving automobile accidents many occurring at intersections and many involving rear end collisions. There are also automobile accidents that involve pedestrians, and of course, motorcycle accidents are a concern in this country.
What Are The Top Misconceptions About Working With A Personal Injury Attorney?
One of the most common misconceptions is the time involved to resolve these matters. Most people have the impression that these matters can take several years. The fact of the matter is, and I will address the smaller cases, where the damages are less than $10,000, many of those, but not all can be resolved within a nine to twelve month period. As I said, that does not mean all of them, but most can be resolved in that timeframe. The more serious cases can oftentimes be resolved within a year to two years. Those timeframes are not cast in stone, because there are cases that fall outside of those parameters.
How Do Liability Laws Impact Auto Accident Claims In Massachusetts?
Massachusetts is a no-fault state. This means, no matter who is at fault, if the person has personal injury protection (PIP) coverage, they can apply through their own insurance company, or the company they are working for if they were driving a company vehicle. They can apply for no-fault benefits, and possibly collect for lost wages, if they are not in a wage continuation plan, or for medical expenses incurred. You can even collect for pain and suffering, but you must meet certain criteria. Related injuries under pain and suffering are fractures, possible scarring, loss of hearing, loss of sight, loss of limb, and or death resulting from this accident. All medical bills must reach over $2,000. If you fall into this category, then you can bring a claim against the at-fault driver for your pain and suffering.
Let us talk about contributory negligence as well. This means contributory negligence or as referred to in the commonwealth of Massachusetts, comparative negligence. With regards to an automobile injury case, if the party bringing the claim is deemed to be more than fifty percent not at fault, then they can be compensated for their pain and suffering, and related damages, such as lost earnings, or medical expenses. If they were to be ten percent, or even thirty percent at fault, the verdict is reduced by that percentage. As long as they are deemed not to be more than fifty percent at fault for the accident, they can be compensated, but the compensation is reduced by the percentage that they were at fault.
What Is The Statute Of Limitations For An Auto Accident Claim?
The statute of limitations is three years from the date of the accident for a person who is of majority age. If it is a minor, that would be three years from the date that they attained majority age, which is eighteen. Then the statute is two years for bringing up a claim with PIP benefits. Those benefits that I mentioned earlier would result in $8,000 of compensation in PIP benefits.
What Steps Should Someone Take When Injured In An Auto Accident?
Ideally, in any motor vehicle accident you should always seek medical treatment. If there are any injuries because of a motor vehicle accident, then the 911 system should be in place. After that, I would suggest to speak with an experienced personal injury attorney who handles these specific cases. I would let the attorney take the entire burden off that person’s shoulders so they can concentrate on getting better and taking care of what they have to do, and let the attorney protect their rights.
What If The Other Party’s Insurance Contacts Me And Asks For A Statement?
It is always best that the individual retain an attorney who is experienced in handling personal injury cases, before you speak to the other party’s insurance company. The representative of the insurance company, we have to remember, works for the insurance company. No matter how friendly those solicitors are, they represent the insurance company, and only have that insurance company’s best interest, not yours. They might attempt to obtain information from you, which would adversely affect the individual’s claim.
For more information on Auto-Accident Claims In Massachusetts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 262-9200 today.