Car accidents are among the top three causes of deaths and emergency room visits in the US. In some cases, car accidents leave victims with life-long disabilities or life-altering injuries. Such victims are forced out of work by their injuries in order to make a full recovery.
Despite being careful on the road, another driver’s or road user’s negligence might lead to an accident, causing you injuries. In such cases, you have the right to claim compensation for the injuries and losses suffered. Working with a Pembroke car accident lawyer can help you prove that another party was negligent and get compensation as you recover.
At Robert C. Shea, we are committed to represent you and recover the compensation you deserve if you have been injured in a car accident due to another party’s negligence. To find out more about your rights and legal options, call our personal injury lawyers today at 508-506-5681.
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Car Accident Statistics
According to the National Safety Council, 42,060 people died in motor vehicle accidents in 2020 throughout the country. In 2019, Massachusetts recorded 321 fatal crashes that resulted in 334 deaths, with most of these crashes involving passenger vehicles, pickups, SUVs, large trucks, motorcycles, bicycles, and pedestrians. In the same year, Pembroke recorded 2 fatal accidents that resulted in 2 fatalities.
How Much Does a Pembroke Car Accident Lawyer Cost?
Hiring a car accident won’t cost you anything initially. At Robert C. Shea, we operate on a contingency fee basis, meaning that you don’t pay a dime until we win your case and you’re awarded compensation. Once you receive your compensation, a part of the award is used for lawyer fees. Reach out to us to find more about lawyer fees and any other expenses that may accrue.
What Should I Do After a Car Accident?
Making the wrong moves after a car accident could be detrimental to your claim, and you can easily lose your right to pursue the compensation you deserve. If you have been involved in a car accident, it is important that you do the following:
Soon after the accident, call 911 to report the accident to the police. The police will inspect the scene and write a report, which is an essential document when pursuing compensation.
Check on Other Involved Parties
If you’ve not been hurt in the accident, check on other involved parties to see if any of them needs urgent medical attention.
It is important that you collect essential information about the involved parties, including their name, drivers’ license number, vehicle registration number, insurance policy number, and address. Ensure that you speak to witnesses in the scene and collect their names and contact details as you might need to talk to them when gathering evidence for your claim.
Record the Scene
Take clear pictures of the scene, capturing any tire marks on the road, car damage, and your injuries. If your car is fitted with a dash camera, be sure to secure the video footage of the accident.
Never Admit Fault
Avoid indulging in a conversation involving the details of the accident as you can easily fall into the trap of admitting fault, which jeopardizes your claim.
Seek Medical Attention
Even if you don’t feel hurt, ensure that you get medical attention to rule out the possibility of internal injuries.
Call a Car Accident Lawyer
Getting in touch with a car accident attorney as early as possible helps you take the right steps, consider all your legal options, and observe time limits when filing your claim.
When Should I Get a Lawyer for My Auto Accident?
It is advisable that you get an experienced Pembroke car accident lawyer as soon as an accident occurs. This helps you start the claim process as early as possible giving you maximum time to gather essential documents and evidence that will help you in your claim.
Why Do I Need a Lawyer?
The benefits of hiring a car accident attorney can’t be overlooked. By taking on the claim process on your own, you risk missing essential legal details in your claim, which could prove costly in the end. Here’s how working with a lawyer helps you in a car accident claim:
Your car accident attorney will help you file a lawsuit against the negligent party. Particularly, they will help you prepare a solid case against the defendant by gathering evidence to prove that they were negligent and at fault.
In some car accident cases, the defendant’s insurance company might make an offer to settle the case out of court. A car accident lawyer will help you negotiate the maximum possible award as they are experienced at handling insurance companies and adjusters.
Trial Preparation & Representation
If the defendant’s insurer fails to offer a satisfactory award, your Pembroke car accident lawyer will help you take the case to court. Here, they will prepare for the trial by collecting the necessary documents like medical and police reports, and witness depositions to present a strong case before a judge.
What Type of Damages Can I Recover?
In Pembroke, Massachusetts, car accident may recover any of the following types of damages:
These are damages awarded to car accident victims for actual monetary loss, with the most common being:
- Medical expenses
- Present and future lost wages
- Property damage
- Rehabilitation costs
- Out-of-pocket costs.
Sometimes, the damages suffered by victims may not be easily quantified in terms of their dollar value. These damages often include:
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of activities
- Loss of consortium
- Aggravation of existing conditions
- Permanent disability
In some car accident cases, a judge may award punitive damages if the actions of the defendant amount to gross negligence or wanton wrongdoing.
How is Fault Determined?
To determine the at-fault party in a Massachusetts car accident, the plaintiff must prove that the defendant was negligent. This requires them to prove the following elements of negligence:
- Duty of care: That the defendant owed them a legal duty of care.
- Breach: That they failed to fulfill that duty of care.
- Causation: That the damages or injuries suffered were as a result of the accident and nothing else.
- Damages: That the accident actually caused damages or injuries to the plaintiff.
Massachusetts laws also incorporate a modified comparative negligence rule. Under this rule, plaintiffs can only recover compensation if their contribution to the accident was less than 51%. It follows that their compensation award is reduced according to their percentage of accident contribution.
How Long Do I Have to File a Claim?
Car accident victims in Massachusetts have 3 years from the date of the accident to file their claim, failure to which they may lose their right to recover damages.
How Can a Lawyer Help Me File My Insurance Claim?
Your car accident lawyer will help you with documentation in the claims process. This means they will help you gather the necessary documents and also equip you with tips on how to recover a reasonable payout after policy review and damage evaluation.
What Can I Do If Insurance Denied My Claim?
If your claim is denied by the defendant and their insurer, it is advisable that you take the case to court with the help of your car accident lawyer. Presenting a strong case with compelling evidence might convince a judge, and you may be awarded damages for your losses.
What if the Other Driver Doesn’t Have Insurance?
Your uninsured motorist coverage will cover you for the losses suffered if the other driver doesn’t have insurance, which is why Massachusetts laws require that all drivers carry an uninsured motorist coverage in their policy.
How Can I Obtain an Accident Report?
Calling 911 after the accident is the best way to ensure that the police arrive at the scene, inspect it, and write an accident report. If the police don’t show up at the accident scene, it is important that you report the accident to the nearest police department for a report to be written. In both instances, you can request a copy of the report once the report is ready.
Common Car Accident Injuries
Car accidents result in various injuries, ranging from minor to more serious ones. The most common include:
- Brain injuries
- Back injuries
- Neck injuries
- Head injuries
- Internal injuries
- Facial disfigurement
- Leg & knee injuries
- Spinal cord injuries
Types of Car Accidents We Handle
We help Pembroke residents with any of the following types of car accidents:
- Driving under the influence accidents (drinking & drugs)
- Distracted driving
- Head-on collisions
- Hit & run accidents
- Rear-end accidents
- Reckless driving
- Rideshare accidents
- Rollover accidents
- Speeding accidents
- Uninsured motorist
Get Your Free Case Review
Car accidents are common on Massachusetts roadways and are mainly caused by the negligence of another driver or road user. These accidents often result in various injuries, some of which can be life-changing. In any car accident case, working with an experienced attorney can help you determine whether you have a case and know how much you can receive in damages.
If you have been injured in a Pembroke car accident, don’t hesitate to reach out for legal assistance. At the Law Office of Robert C. Shea, we operate on a contingency fee basis and you don’t have to worry about legal fees. We are committed to representing our clients until they receive their much-deserved compensation. Call us today at 508-506-5681 to schedule a free case evaluation to find out if you have a case.