In the United States, people are constantly in their vehicles, moving from place to place. With this in mind, it’s no shock that car accidents are one of the largest causes of injuries and fatalities in Massachusetts. At DiBella Law, a Worcester personal injury lawyer can help you file a claim to recover your fair compensation.
If you have been injured in a car accident, you might be entitled to collect compensation for your injuries and losses. In Massachusetts, negligent drivers may be held liable for losses. A Massachusetts car accident lawyer can provide the support and knowledge needed in the legal field to help you move forward with your claim.
Common Causes of Car Accidents and Their Injuries in Massachusetts
No matter the cause or the injury, victims are likely able to obtain compensation through the legal process. However, it’s helpful to speak with an experienced car accident lawyer in Worcester from DiBella Law. Our team of skilled attorneys will be your trusted advocates for personal injury claims and help you through the claims process.
Car accidents can occur in a number of ways, bringing about a range of potential injuries depending on severity. In general, 98% of accidents are caused by driver error, as reported by the US General Services Administration Office of Motor Vehicle Management. This can include things such as the following:
- Speeding
- Driving while distracted
- Texting or using a mobile device while driving
- Driving under the influence of drugs or alcohol
- Reckless driving
- Not following traffic lights or road signage
These accidents, no matter the severity, can cause victims to be injured and face vehicle or property loss. In an average car accident, victims could sustain the following injuries:
- Traumatic brain injuries
- Broken bones or fractured bones
- Nerve damage
- Spinal cord injuries
- Facial fractures or damage
- Whiplash
- Wrongful death, in rare cases
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Proving Fault in Your Car Accident Claim
According to Massachusetts state law, modified no-fault laws apply to car accidents. This means that no matter who is at fault, each driver’s insurance company pays for all injuries that fall under each policy limit. Anything that isn’t covered can be further fought for by suing the driver, who was mainly at fault.
However, this can only be done if the damages after your insurance company payout is $2,000 or more. Based on the strong backing of insurance companies, drivers are required to have auto insurance and, at the very least, carry personal injury protection insurance.
Elements of Negligence in a Worcester Car Accident Claim
If you do wish to move forward with the assistance of a Worcester car accident attorney, there are four elements that need to be looked at. When proving fault on the other driver, your attorney from DiBella Law will take these four elements of negligence into account:
- Duty of care: All on the road owe other drivers a basic duty of care. This means that each and every person is responsible for operating their vehicle safely and respectfully, thinking about other drivers on the road.
- A breach in this duty: With the first element always in play, your car accident attorney in Worcester needs proof to determine if the party in question has breached this basic level of care. Basic negligence or recklessness will constitute a breach of this duty.
- Causation: When the breach has been proven, it must then be shown how it caused an accident and injuries. There needs to be a direct link between the accident and injuries and the other driver’s negligence.
- Damages: The last and final element to look at must be the damages sustained. If the victim has no losses or injuries, a legal claim cannot proceed.
Damages that Could Be Collected in a Car Accident Claim
Following a car accident, there are specific things that could be recovered based on the specific factors of an accident. In general, two main categories of losses could be compensated for in the process of a legal accident claim with the help of your car accident attorney in Worcester, MA.
Economic Damages
Under this first category falls things that are tangible. These losses will be everything that has a monetary value set to it, including some of the following:
- Medical bills
- Surgery costs
- Medications
- Rehabilitation
- Lost wages
- Vehicle damages
- Property damages
Non-Economic Damages
All other losses that are intangible will fall under this second category. Things such as pain and suffering, mental anguish, emotional distress, and loss of quality of life can be looked at and compensated for. However, with these things being looked at, their value will be determined by the help of a Worcester car accident lawyer.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Moving Forward with a Claim if the Liable Party Has No Insurance
Because the state of Massachusetts requires all drivers to have auto insurance, a minimum policy is sufficient. However, greater rules have been broken. Many drivers on the road do not have the legally required coverage.
If you were in an accident with a driver who does not have car insurance, then your medical expenses and losses might not be covered. However, if you hold coverage, you may be able to file a claim with your personal insurance claim. In addition, you may be able to file a civil suit against the uninsured party.
It is always important to obtain the legal knowledge and support of a skilled car accident attorney in Worcester from DiBella Law. For close to 20 years, we have devoted our time to helping clients, seeking practical solutions and paths for many personal injury claims. By offering the necessary knowledge and compassion to clients, DiBella Law has been named one of the top personal injury litigators by multiple local and national legal organizations.
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Get the Help You Deserve
Accidents can happen at any time, bringing about various types of injuries and losses. In any situation, having a skilled advocate and car accident lawyer from Worcester, MA on your side to offer insights into the legal process can be beneficial to the outcome of your claim. To us, every case is personal, which is why we offer free consultations.
By giving us a call, we can better determine the next steps of your claim. From there, together, we will explore options so that you benefit from the outcome, no matter the situation.
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