A catastrophic car accident or even a routine crash can cause a serious disruption in the accident victims' lives. Whether you are unable to return to your usual occupation or facing lifelong disabilities, you may need to deal with the impact of the accident for many months or even years to come. During this challenging time, it is critical that you put a knowledgeable and experienced Boston car accident lawyer on your side. At Barry Feinstein and Affiliates, we have handled many types of motor vehicle collision cases involving cars, motorcycles, and bicycles. We pride ourselves on ensuring that victims and their loved ones receive the compassionate and responsive legal counsel that they deserve.Pursuing a Car Accident Claim for Compensation
Serious car accidents are often complicated. It can be difficult to know the best way to go about protecting your legal rights. Under Massachusetts law, there are certain things that you must prove before you will be able to receive compensation. First, you must show that the defendant owed you a duty of care. When it comes to driving, each motorist has a duty to operate his or her vehicle with the same reasonable care and skill that a prudent and careful driver would use when facing a similar situation on the road. This duty is owed to passengers as well as people in surrounding vehicles and pedestrians.
Next, you must show that the defendant failed to drive according to this duty. There are many different ways that drivers may violate the standard of care, including texting while driving, exceeding the speed limit, or driving while intoxicated. You may need to identify witnesses and other sources of evidence that can help show how the accident occurred and how the defendant's lack of care caused the accident. An accident reconstruction expert may be helpful in complex cases, especially when multiple vehicles are involved or witnesses have clashing descriptions of the accident. A car accident attorney in the Boston area can help you retain the experts that you need to prove your case.
If you show that the defendant did not act with the appropriate level of care that he or she owed you at the time of the crash, you must show that the accident and the injuries that you sustained were a direct and foreseeable outcome of the crash. If the defendant can show that some other factor was the primary cause of your injuries, such as severe weather or a hazard in the roadway, you may be barred from recovering compensation. Under Massachusetts law, if the defendant can show that the plaintiff was 51 percent or more at fault for the accident, the plaintiff will not be able to prevail. However, there are many strategies that a Boston car accident attorney can employ to overcome this type of affirmative defense. If you were at fault to a degree less than 51 percent, you still can recover a compensation award that is proportionate to the defendant's percentage of fault.
The final stage of the lawsuit involves providing information about the damages that you suffered as a result of the crash. You may be entitled to receive compensation for past and future medical bills, lost wages, diminished earning capacity, and pain and suffering. This phase of the trial often requires retaining expert witnesses who can help you describe the impact of the accident on you in physical, emotional, and financial areas.Contact an Aggressive Car Accident Lawyer in the Boston Area
We have seen many times how stressful and life-changing a car accident can be for a victim. The legal system can be complicated and confusing, especially if you have never been involved in a lawsuit. We can stand by you throughout the entire process, from investigating the claim to protecting your rights against insurance companies. We have served victims and their families in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule a free consultation with an attorney following a car, motorcycle, or bicycle accident, call us at 800.262.9200 or contact us online.