Posted on November 21, 2018 in Personal Injury
In the year 2017, online reports noted that deaths by motor vehicle crashes had gone up by 46% when compared to those in the year 2013. Whether it is due to higher volumes of vehicles on the roads, worsened adherence to driving rules, or simply poorer attention levels, the fact remains that this is a huge increase.
Car accidents and personal injury are linked.
A car accident where you suffer injuries due to no fault of yours is legal grounds for a personal injury case. Personal injury cases are filed when there is injury or damage suffered as a result of somebody’s negligence or lack of adequate care. Car accidents and personal injury often go hand in hand because in some states, auto insurance needs to include a personal injury plan or PIP. This is also called no-fault coverage where regardless of whose fault it is, some amount of the medical costs of people affected in the insurance holder’s car will be taken care of by the insurance company.
Car accident and the personal injury claim
If you, or someone you know, is involved in a personal injury claim, there may be a limit or cap on when someone could sue. Further, if the no-fault clause is in force, those intending to file a personal injury claim will need to work alongside the insurance company when seeking any kind of compensation.
Personal injury in Massachusetts
In the state of Massachusetts, individuals in a car accident can file a claim with their own insurance company under the no-fault insurance cover. This means that an injured person no longer needs to chase and pursue the individual who was negligent or at fault and caused the accident.
Note that it is the personal injury protection coverage bought by the affected person that will determine the extent of protection afforded.
Statute of limitations in Massachusetts
The statute of limitations is the time limit granted to the injured to file a lawsuit against the defendant. In Massachusetts, this time limit is that of three years. If three years has lapsed between the accident and present time, a claim can no longer be filed.
Filing a claim
Until negligence is proved, compensation can be difficult to claim.
Verifying a claim depends on how well negligence can be proved. Further, not all negligent actions can be deemed as malicious. Proving neglect or carelessness is a process that needs to follow a process. Here are some elements that could help verify neglect in the auto accident:
• Was there breach in duty?
• Were actions of the driver and owner of the car responsible for the accident?
• Was there clear negligence in the actions?
• Can the injury caused as a result of the accident be compensated by monetary and non-monetary means?
Hiring a professional
Reaching out to a personal injury attorney or a car accident lawyer can mean the difference between winning and losing. Further, given how pursuing a claim, proving negligence, and calculating and negotiating compensation can cost both time and money, it is best for you to have a professional by your side.
Analysis of claims are made as per accident and traffic rules and laws. Laws come under broad categories such as pedestrian laws, driving rules, driving offenses, liability laws, etc. These include elements such as right of way, driving on the correct side, driving at the prescribed speed limit, etc. When compensation offers are made, bear in mind that the initial offer will likely be less than what is actually due.
Learn more about personal injury, taking it to court, or filing a lawsuit. Call us at (855) 254-7841 for immediate assistance if you or a loved one has faced an accident which might actually be a case of personal injury.