Getting involved in a car accident is never easy, as they are unexpected and often cause thousands of dollars of damage. Many accidents—particularly wrecks involving 18-wheelers—are also known for producing catastrophic injuries that can have a lasting effect on your life.
Fortunately, injury victims have the option to pursue compensation from those responsible for causing their injuries. If you think legal action is the right option for you and your family, there are some MA car accident laws you should be aware of as you prepare to file a claim.
Read on to learn more about the state’s statute of limitations for personal injury claims and how comparative fault laws could have an impact on your injury settlement.
Every state gives injury victims a specific amount of time to file their claim in civil court. The expiration of this time limit is known as the statute of limitations, and in Massachusetts, the statute of limitations is three years from the date that you were involved in a collision, or from the date you were diagnosed with an injury that relates to the accident, such as a whiplash injury.
Knowing when the statute of limitations expires for your car accident is critical. If you don’t file your claim in the MA civil court system before time runs out, you won’t be able to pursue compensation for injuries.
In addition to the statute of limitations, you’ll also need to know what to expect if you played a part in your accident and resulting injuries. Maybe you chose not to wear a seatbelt when you got behind the wheel, or perhaps you were checking Facebook when you were rear-ended at a stop light.
In any case, it’s not uncommon for injury victims to contribute to their conditions, and when they do, modified comparative negligence will apply. This law allows those who are partially to blame for their injuries to file a claim as long as they are less than 51 percent at fault.
Your compensation will be reduced based on your portion of fault. For example, if you were found to be 10 percent to blame, your award would be reduced by 10 percent.
If you have been seriously injured in an auto wreck and are unsure of the steps you need to take to hold the at-fault party accountable for their negligence, consider reaching out to a highly trained Massachusetts car accident lawyer at Joel H. Schwartz, PC.
We can be reached by phone at 617-742-1170 or via the quick contact form at the bottom of this page when you’re ready to schedule a no-cost claim review.