Steps To Take After A Personal Injury Accident
When one is negligently injured in an accident, the last thing they want to do is make the situation worse. One way of avoiding doing that is to know the proper steps to take after a personal injury accident, or workers’ comp accident. Here are some of those steps.
Report the Accident
Who Does A Passenger Sue?
Passengers all the time get injured in car accidents. They can get injured from rear-end end collisions, side swipes, intersection accidents, and countless other possible crash scenarios. The injuries that result can range from sprains and strains, to broken bones, to wrongful death. The passenger of course is almost never responsible for an accident. So who does a passenger sue when he suffers personal injuries from the accident?
Both drivers may potentially be liable. Or, only one of the drivers is at-fault. Whoever was at-fault can be sued I court. The lawsuit would be for payment of medical bills, lost wages, pain and suffering, and all other damages caused by the accident.
Do You Get A Settlement If You Get Injured?
All of us may experience a personal injury injury at some time in our lifetime. It may be a very minor injury, or even possibly a catastrophic injury. Many people after experiencing an injury want to know if they have a valid claim for compensation. Like with almost all things in the law, the answer is, it depends.
If you get injured in an automobile accident, and you were the one who caused the crash, then you will not be collecting a settlement. If however you were injured in a car accident that was not your fault, then you may be entitled to a financial settlement.
Can I Handle My Personal Injury Case On My Own?
This is a question that many people that have been injured in an accident are curious to know. The answer really depends on the type of case involved. For very small car accident cases where there are no injuries sustained, and the only issue is property damage, then you likely don’t need a personal injury attorney. For all other cases, you should have a lawyer.
The reason is because insurance companies don’t take unrepresented claimants seriously. And why should they? They know you are likely not experienced with these claims, and don’t know how to litigate the case in court. If you want a fair settlement, you need a lawyer helping you with your case. Insurance adjusters are trained negotiators and you may not be.
What Damages Are Available With Personal Injury Claims?
Many people have heard heard the word damages before. In the context of law, damages are what victims of Boston personal injury accidents suffer when they are injured due to someone’s negligence. But what types of damages are there?
The first kind are special damages, which are sometimes referred to as economic damages. These are damages or losses stemming from an accident such as medical bills, lost wages, or other concrete, measurable losses. For example, when someone has a car accident, their car accident lawyer will want to collect compensation for the client for all of these specific special damages that resulted.
What Is A Personal Injury?
Almost everyone has heard the term “personal injury” before, and many know what it means. But as a personal injury lawyer in Boston, I have discovered that many people do not know what it means. A personal injury can be either a physical or mental injury.
Some examples of physical injuries are soft tissue injuries, broken bones, torn meniscus in the knee, ankle injuries, shoulder injuries, leg injuries, and even wrongful death.
Who Is The Best Personal Injury Lawyer?
There are roughly 50,000 lawyers in Massachusetts. There are hundreds of personal injury lawyers in Boston. But what if you get injured from a dog bite accident? How are you supposed to find a lawyer near you that will do a good job and get you a good settlement? How do you find the best lawyer? Many lawyers claim to be the best. But how are you supposed to know who truly is the best to handle your case? The fact is no lawyer is best in the personal injury field.
Many claim to be the best. But there is no true and objective way to know and determine who truly is the best. The real truth of the matter is that there are many, many personal injury lawyers that can competently handle a motor vehicle accident crash case. Similarly, there are many lawyers that can handle quite well a bicycle accident claim. None of these lawyers are the best. They are skilled lawyers, but no lawyer is the best, no matter what they may claim.
What Court Do I File My Personal Injury Case In?
If you, or your personal injury lawyer need to file your case in court, which court is the appropriate one? It is important to know that there are different courts in Massachusetts tasked with hearing different types of legal disputes. If a case is not filed in the right court, it can be dismissed.
Massachusetts District Courts hear cases that are valued at less than $50,000. They very recently used to only hear cases valued at less than $25,000, but the Supreme Judicial Court changed this jurisdictional amount. They hear all types of Massachusetts personal injury cases. If for example you had a car accident and suffered a back or neck injury that resolved quickly, then the District Court is where the case needs to be filed.
Can I Be Sued For Causing A Car Accident?
Almost everyone at some point experiences an automobile accident. Whether you are the driver or passenger, these accidents happen all the time. Sometimes these crashes are the fault of someone else, but what if you are the one that caused the accident? What if you cause someone to suffer personal injuries? In that situation, you will likely be wondering “Can I be sued for causing a car accident?”
Massachusetts law states that if you negligently injure someone in a car accident and they have at least $2000 in medical bills due to the accident, then they can sue you. The injured party can sue you for all damages they suffered due to the car accident.
Who Do I Sue If I Had A Car Accident?
When someone is injured from a car accident, they many times wonder if they may bring a lawsuit for their injuries. It really depends on how the accident occurred. If you were at-fault for causing the accident, then it would be unwise to file a lawsuit. If however you were not at-fault, and sustained personal injuries, then you likely can file a lawsuit for your injuries. You may be wondering, who do I sue if I had a car accident?
The driver that caused the accident is who you, or your car accident lawyer sues. That person’s insurance company will step in once the case is filed. They will provide their driver (the one who was sued) with a defense.
Massachusetts Personal Injury and Workers' Compensation Law Blog