No one is prepared to be seriously injured in a car accident, but when it happens to you, it can be helpful to know what your next steps should be and how to go about holding the person responsible for causing your injuries to account for their negligence. Continue reading to learn more about securing an insurance settlement and bringing your case to court for a car accident in Boston.
You’ll File a Claim with Your Own Insurance Company
Massachusetts is a no-fault state for auto accidents. This means that, as an MA driver, you’ll need to carry personal injury protection on your vehicle, which then enables you to file a claim with your own insurance company after an accident, no matter whose at fault.
But, just because you are dealing with your own insurer doesn’t mean it will be easier to secure the compensation you deserve.
The insurance adjuster is going to search for any possible reason to reduce the amount of your insurance settlement, as this prevents the company from losing more money than it might have otherwise had to. Your lawyer can handle the insurance company for you so your award won’t be at risk.
Insurance Might Not Cover All Your Losses
Your auto insurance only covers certain losses, as well. If you are able to obtain a settlement from the insurance company, it may not fully cover your financial and non-financial damages. In these cases, your best option will be to head to court and file a personal injury lawsuit against those liable for your injuries. This way, you can seek full compensation for your suffering.
Shared Fault Laws Could Impact Your Injury Settlement
Contributory negligence laws can have a dramatic influence on your car accident claim. Massachusetts follows modified comparative negligence laws, which refer to how a lawsuit is handled when an accident survivor is partially responsible for causing the accident.
In MA, if you are partly liable for your injuries, you are still able to file a lawsuit and be awarded compensation for your damages. However, before you can collect a settlement, your award will be reduced by your portion of fault. Here’s an example of how a Massachusetts car accident claim could be impacted by a shared fault:
Susie was struck by a drunk driver. During the investigation, it was discovered that Susie was driving over the speed limit when she was struck. The judge presiding over her case found her to be 10 percent at fault for the accident and ordered that her $200,000 injury settlement be reduced to $180,000.
Meet with a Car Accident Lawyer in Boston
There are many more details that go into obtaining an injury settlement for a car accident. If you are feeling intimidated or overwhelmed at the thought of pursuing compensation for your suffering, consider reaching out to a qualified Boston car accident lawyer for help with your claim.
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