If you get into a car accident in Lowell due to no fault of your own, seek legal help. At this point, partner with a lawyer who knows the ins and outs of car accident laws in the Commonwealth. Your Lowell personal injury attorney can learn about your crash and help you file a claim against any at-fault parties.
At DiBella Law Offices, P.C., every case is personal. Our Lowell car accident lawyer is available to take a look at your auto crash case. To get started, contact us today.
Who Can File a Lowell Car Accident Claim
You can submit a claim for compensation after a car accident caused by someone else. The at-fault party in an auto crash case varies. Examples of defendants in auto collision lawsuits include:
- Drivers
- Government entities
- Car parts manufacturers
A Lowell car accident attorney can help you figure out who is at fault for your collision. From here, they can work with you to calculate your losses. They can make sure your claim is submitted in accordance with Massachusetts’ statute of limitations.
Give us a call today to discover how we can assist you.
How Much Time You Have to File an Auto Accident Claim
Per Massachusetts General Laws Chapter 260 §2A, there is a three-year statute of limitations for personal injury claims in the Commonwealth. This means you have up to three years from the date of your auto crash and injury to submit a request for damages. If you decide not to file a claim within this window, you are solely responsible for all of your losses.
A car accident lawyer in Lowell can help you determine what damages to request. You may be eligible for economic damages based on your quantifiable losses and non-economic compensation for your subjective ones. In rare instances, punitive damages may be awarded in combination with economic and non-economic compensation to deter an at-fault party from future negligent acts.
If you are involved in an auto crash that results in an injury, meet with a car accident attorney in Lowell. The team at DiBella Law Offices, P.C. can help you pursue the maximum amount of damages. To learn more, reach out to us.
How to Prove Fault in an Auto Collision Case
To show an at-fault party caused your auto crash, you must be able to show that they were negligent. Four elements must be present at the time of your collision to prove negligence. These are:
- Duty of Care: The at-fault party acted recklessly or carelessly in spite of the fact that they have a legal obligation to practice caution.
- Breach of Duty of Care: The party violated their obligation toward you and others.
- Causation: Since there was a breach of a duty of care, you got hurt.
- Damages: The party’s actions caused you to suffer damages.
You can use photos, dashcam footage, and other accident scene evidence to prove fault in an auto crash case. Along with these, you may provide medical records that highlight the severity of your crash. You may also rely on witnesses who can testify on your behalf.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
What Your Auto Crash Case Is Worth
You cannot put a price on a person’s health, safety, and well-being. With help from a car accident attorney in Lowell, MA, you can calculate your immediate and long-term car accident losses. Your lawyer considers many different types of losses, including:
- Medical bills
- Lost wages
- Suffering and pain
- Damage to your car
If you can prove a driver was distracted or did something else to cause your collision, you are well equipped to get compensation. Your attorney can work with the defendant’s lawyer to negotiate a settlement. If no agreement is reached, you can bring your case to court, and your attorney can explain why you deserve 100% of the compensation you are requesting.
Get in touch with us today to get a free consultation.
How Comparative Negligence Applies to an Auto Accident Case
You may believe it is easy to show a judge or jury you are in no way responsible for your auto collision. Regardless, the defendant in your case may fight with everything they have to raise doubts about your claim. If they succeed, they may only have to pay a portion of the initial damages you request or not have to compensate you at all.
Massachusetts has a comparative negligence statute that can affect your auto accident damages. Based on this statute, you cannot receive compensation if you are primarily at fault for your collision. If you are partially responsible, the amount of money you get may be reduced by your percentage of fault.
According to this statute, if you are found to be 51% at fault for your car crash, you are not eligible to receive any compensation. On the other hand, if you are deemed to be 20% at fault, your damages are reduced by 20%. In this situation, you get 80% of what you initially requested, which means you are partly responsible for your losses.
What to Do After a Car Accident
As soon as your auto crash occurs, call 911, and medical personnel and police officers will arrive on the scene. Meet with medical professionals to treat any injuries you have. Speak with police officers to explain what happened, and they will prepare a report.
Take photos and videos at the accident scene, as these can serve as valuable pieces of evidence. Also, notify your auto insurance company about your accident. Even if you are not responsible, your insurer can work with an at-fault motorist’s insurance provider to help you get compensation.
If an at-fault driver does not have auto insurance or lacks sufficient coverage, you may have to file a personal injury lawsuit to secure compensation. There may be instances where an at-fault motorist’s insurance company does everything possible to avoid paying out your claim. In either of these scenarios, partner with a car accident lawyer in Lowell, MA, and they can help you pursue damages.
Hire a Lowell Auto Accident Lawyer
DiBella Law Offices, P.C. is a leading choice for those who need legal help with personal injury cases in Massachusetts. Our Lowell car accident attorney can review your case. To schedule a free consultation, contact us today.
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