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Is It Wise to Fight a Personal Injury Case on Your Own?

If you have suffered an accident in Boston, Massachusetts, you will want to understand how the laws of the state work in order to get the maximum compensation for your losses.

Massachusetts is a no-fault car insurance state.This means that if you want to get compensation for medical bills and other financial losses, you need to file a claim under your injury protection coverage, with the help of a Personal injury lawyer in Boston, irrespective of the party at fault 

If your claim meets certain requirements, you will only be able to file a claim directly against the driver at fault.

Massachusetts Car Accident Statute of Limitations:

If anyone is injured in a car accident or wants to file a lawsuit seeking compensation for their damaged vehicle, including pedestrians, drivers, bicyclists, or scooter riders, they must file the lawsuit within three years of the crash. 

If the victim passes away due to injuries caused by the accident, the deceased’s executor can legally file a wrongful death lawsuit against the at-fault driver within three years after the victim’s death.

It is advisable to seek a good and efficient personal injury lawyer in Boston who can help you understand the limitations of the law and help you file a car accident lawsuit before the deadline. 

Comparative negligence:

Based on the evidence, a jury calculates two things to decide the compensation value received by the injured-

  • The monetary value of the damages incurred
  • The percentage fault of each party

In the latter case, the prosecutor’s damage liability is a percentage equal to their share of fault. But to hold the other party liable, the defendant’s fault should not exceed 50%of the share of the accident.

If the resultant car accident is due to third party negligence, then the insurance carrier of the party at fault will compensate the injured for medical bills, lost wages, and other losses suffered.

No-fault Car Insurance:

A no-fault car insurance scheme ensures that the drivers or passengers turn towards their injury protection coverage to compensate for the losses incurred, irrespective of whoever is at fault.

Reporting the Car Accident:

In the case where:

  • Any party is injured or killed during the accident.
  • The damage incurred to any vehicle or other property was more than one thousand dollars

Then, the driver is obligated to fill and file a Motor Vehicle Crash Operator Report form with the Massachusetts Registry of Motor Vehicles and report the damages within five days of the accident. The report must be sent to the police department which has jurisdiction over the place of the crash.

About Swartz & Swartz, P.C.:

If you are nearing the deadline of filing a claim, you must seek a car accident lawyer in Boston. Swartz & Swartz Law provides you with sound legal guidance during the litigation process so that you will feel confident in your case. The acclaimed lawyers, who have extensive experience pursuing major, complex claims on behalf of individuals and their families, can give you the strong legal advice you need. 

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