(781) 531-8673Car Accident Attorneys in Melrose, MA
Helping Auto Accident Victims Recover Fair Compensation for Their Injuries
If you have been injured in a car accident, you most likely are facing a mountain of medical bills and other medical expenses related to your injury. In Massachusetts, you have the legal right to sue another driver for personal injuries and property damage if you believe they were at fault in the accident. Most car accident injuries often involve a visit to the emergency room, which is always expensive.
After you have been injured in a car accident, you presume that the other driver’s insurance company will treat you fairly, pay your claim. You will receive the financial compensation you deserve for your injuries and pain and suffering. Regrettably, many accident claims do not work out in the injury victim’s favor.
Insurance companies are driven by profit and feel that they are only accountable to their shareholders. Consequently, injury victims who file a claim are often caught off guard when they are offered settlements that are significantly less than the damages they have suffered. In some instances, their claim is denied outright.
The Martino Law Group, LLC has extensive experience handling auto accident cases and is committed to fighting for the compensation you deserve after an injury.
What Are Common Injuries Suffered in Car Accidents?
Car accidents are life-altering and can lead to significant injuries or even death. It is important to seek medical attention as soon as possible after an accident, even if you don’t feel like you suffered injuries. Certain injuries, like a traumatic brain injury, can go unnoticed for a considerable amount of time and have a significant impact on your life if left untreated.
Understanding the types of injuries that are commonly suffered in a car accident can help you keep an eye out for symptoms you should have checked by a medical professional. Common injuries may include:
- Whiplash and neck strain
- Concussions and traumatic brain injuries
- Back injuries
- Broken and fractured bones
- Soft tissue injuries, like bruising, sprains, and muscle tears
- Chest injuries
- Psychological trauma, like PTSD and anxiety
- Fatal injuries resulting in death
Do you think your injury could lead to a successful lawsuit? Contact Martino Law Group, LLC, to speak with an experienced car accident attorney about your case.
What Causes Car Accidents?
You read about it on the news every day: another car accident caused by distracted driving. When people take their eyes off the road to check their phones, they put every driver around them at risk. The fact of the matter is there are many things that can result in a car accident. Things like:
- Distracted driving due to phone use, eating, etc
- Speeding
- Driving under the influence of alcohol, drugs, or prescription medications
- Tailgating and road rage
- Ignoring traffic lights and signs
- Falling asleep at the wheel
Regardless of what caused your car accident, you are the one left suffering. If you suspect the person who caused the car accident is guilty of one of the above or some other negligent behavior, you may have a strong personal injury claim.
Can You Still Recover Damages if You Are Partially to Blame for the Auto Accident?
Under Massachusetts law, even if you are partially at fault for an auto accident, you may still be able to recover damages. This is due to the fact that Massachusetts follows what is known as a “comparative negligence” law. Under this law, the jury has the legal authority to evaluate the facts that surround the case and allocate a “fault percentage” to the plaintiff if appropriate.
The law stipulates that if the plaintiff’s fault in the accident is less than 51%, they have the right to recover damages. The plaintiff loses the same percentage in their award settlement. In order for the plaintiff to actually recover a settlement, their percentage of fault must be less than the defendant’s. For example, if the plaintiff is determined to be 25% at fault for a case worth $100,000, they will only receive $75,000 in financial compensation.
That means that even if you are responsible for a portion of your accident, you may still be able to file a successful personal injury claim. An experienced car accident attorney will be able to examine the circumstances and tell you if you have a strong case,
Is There a Time Limit on How Long You Have to File a Claim for an Auto Accident?
The Massachusetts statute of limitations allows an individual up to three years from the date of the car accident to file a lawsuit. It should be noted that the amount of time may also depend on some of the specifics involved in the accident itself.
If you have been involved in a car accident, it is highly recommended that you speak with a qualified attorney as soon as possible. Even if you feel that you are partially at fault for the accident, it is in your best interest to hire a lawyer who can inform you of your rights and legal options.
Who Pays For My Medical Bills After You Have Been Involved in an Auto Accident?
Massachusetts is a no-fault state for car accidents. Regardless of who caused the accident, each driver’s insurance company will pay for medical bills incurred by their insured driver. In addition, some medical bills and other medical expenses are often supplemented by your own personal health insurance.
Massachusetts requires that drivers carry Personal Injury Protection (PIP), which covers medical bills, lost wages, and other applicable expenses up to $8,000. However, it should be understood that if you have your own private health insurance and your medical bills are in excess of $2,000, then they should be submitted to your health insurance provider. If your provider denies coverage, then PIP covers the remaining balance up to a total of $8,000.
How Do You Know What Your Auto Accident Claim is Worth?
Under Massachusetts law, you may be able to file a lawsuit in order to obtain compensation for both economic and non-economic damages that you have incurred due to your auto accident.
Economic damages are meant to compensate victims for the out-of-pocket expenses that they have had to pay as a result of their accident. Economic damages are easier to prove because you will have the resulting bills from the injuries or damage caused. Some of these types of damages include the following:
- Property damage
- Medical bills
- Medical expenses related to your recovery, such as physical therapy.
- Lost wages (past & future)
Non-economic damages are more subjective in nature and are often determined based on the individual facts and circumstances that surround each case. Proving non-economic damages usually requires expert testimony and overbearing proof. Unlike economic damages, non-economic damages don’t come with bills or receipts. Some of these types of damages include the following:
- Pain and suffering
- Treatment for PTSD
- Psychological damage
- Loss of companionship
- Loss of enjoyment of life
In order to collect the maximum amount of compensation that may be available to you, it is highly recommended that you hire an experienced car accident attorney. The lawyers of the Martino Law Group, LLC are qualified to assist accident victims in recovering compensation from the other driver’s insurance company or perhaps their own insurer if there is a dispute involving a claim.
The attorneys of the Martino Law Group, LLC are highly committed to assisting our clients in all aspects of their cases. We can assure you that your claim will be filed in a timely manner. Additionally, we can assist with collecting all evidence that relates to your case while fighting aggressively to obtain the compensation you deserve.
The Martino Law Group, LLC of Melrose, MA, has a proven track record of obtaining quality results for our clients. If you have been injured or have sustained property damage as the result of a car accident, you need to speak with one of our experienced personal injury lawyers as soon as possible. Often, insurance companies will attempt to settle with you soon after the accident with an offer that is significantly less than your claim may be worth. Lawyers are familiar with the insurance companies’ deceitful tactics and will fight aggressively on your behalf.
Contact our law offices by calling (781) 531-8673 and ask to schedule a Consultation with one of our highly qualified attorneys. We look forward to the opportunity to serve you.