Car Accident FAQs

The most important thing you can do following a car accident is to protect your health. As such, you should seek medical attention for any injuries you suffered or suspect you may have suffered in the accident. It is also important to document any expenses incurred due to the accident. If possible, you should obtain contact information for any witnesses that saw the accident and take photographs of the scene of the accident as well, which you can later use as evidence in support of your claims.

Under Massachusetts law, a person has three years from the date of harm to file a personal injury lawsuit. As such, you must generally file a lawsuit seeking damages for injuries sustained in a car accident within three years of the crash. Thus, it is important to act promptly following an auto collision to avoid waiving your right to recover damages, and a seasoned car accident lawyer serving Cape Cod can help.

Accidents are often brought about by numerous factors, and in many cases, both drivers involved in an accident may be at fault. As such, it is not uncommon for a defendant in a car accident to argue that a plaintiff caused a car accident, and therefore, the plaintiff should not be awarded any damages. Under Massachusetts law, however, a plaintiff is only barred from recovering damages if he or she is fifty-one percent or more at fault. The damages awarded to a plaintiff deemed partially at fault will be reduced in proportion to the percentage of his or her negligence, however.

Generally, if you file a lawsuit following car accident you may be able to recover compensation for the economic harm caused by the accident, including the cost of medical treatment needed for your injuries, medical treatment you will need in the future, and any lost wages. You may also be awarded damages for the pain and suffering caused by the accident. A dedicated Cape Cod car accident attorney can help you determine the extent of the damages you may be able to pursue.

In order to recover damages, though, you must prove liability. Generally, car accident victims allege that the defendant is liable due to his or her negligence. In Massachusetts, to prove negligence you must show that the defendant owed you a duty to act reasonably under the circumstances, the defendant acted in a manner that constitutes a breach of the duty, and that you suffered actual harm due to the breach. In other words, you must prove that if the defendant did not breach the duty owed, you would not have suffered damages.