The Department of Transportation estimates that the number of serious injuries sustained in auto accidents in Massachusetts in 2020 was 2,689. A neck and back injury can be quite serious regardless of the type of accident that caused it. You need to get yourself checked by a doctor if you have sustained any type of injury to the neck or back region.
If you find that you have chronic pain due to your injury, it will most likely force you to incur extra costs in medical treatment that may exceed personal injury protection benefits covered by your insurer. If you are suffering from a back and neck injury, you might decide to seek damages for your injury to cover the costs of your medical care.
Seeking Damages from Insurance Companies
The process of seeking damages involves negotiating with insurance companies. This is not an easy thing to do because you claiming damages directly affects their objective as a for profit company. The insurance company will hand over your claim to their insurance adjuster who will examine your claim and the evidence available to determine how much the insurance company will pay you as a settlement.
The compensation they offer you will often be less than what your claim is worth. This is one of the reasons you might want to consult a personal injury lawyer before dealing with the insurance company. The insurance company may deny your claim or make a low-ball offer claiming that there is not enough evidence to support your claim. Other reasons the insurance company may deny or reduce the value of your claim include:
- The injury you sustained was not directly caused by the liable party's actions
- The injury you sustained is not scientifically verifiable if there are no medical records
- The injury was due to another party's negligence and not their client
- The insurance company may claim that you are partly at-fault
The comparative negligence laws in Massachusetts allow you to seek damages if your percentage of fault is less than 50%. The insurance company may try to assign you a higher percentage of fault if you do not have legal representation. A back and neck injury lawyer will handle communicating with the insurance company to ensure that you get fairly compensated.
Liable Parties for Back and Neck Injuries
Motorists are often the liable parties in a personal injury case involving back and neck injuries since automobile accidents are the leading cause of back and neck injuries in Massachusetts. Property owners are also liable if the back and neck injury you sustained occurred due to a slip and fall accident.
A Boston back and neck injury lawyer can help you identify the liable parties if the event causing your injuries were a result of someone else's negligence. Back and neck injuries may occur in the event of:
- Medical malpractice
- Accidents at work
- Boating accident
- Bicycle or motorcycle accident
Once you have sustained a back and neck injury, you should see a doctor even if you do not feel significant pain or there are no symptoms. You need a doctor to diagnose your injury and create an effective treatment plan, as well as a paper trail of your medical records to show damages caused by the liable party.
Waiting too long to see a doctor may give the insurance company an opportunity to claim that your back or neck injury is a pre-existing condition. A Boston back and neck injury lawyer can help you get in touch with the liable party's insurer. This is a key step in claiming damages for your injuries. The lawyer will first estimate the total worth of your claim and negotiate with the liable party's insurer.
Statute of Limitations in Massachusetts
You have three years to file a personal injury lawsuit for back or neck injuries in Massachusetts. Failing to file your claim within that time limit voids your right to recover damages. The insurance company may try to run down the statute of limitations when handling your claim if you do not have legal representation.
This is another reason why you might decide to reach out to a car accident lawyer immediately after the accident. A lawyer will know how to expedite the process so that you do not wait for months without getting compensated. They will also help you decide when to file a personal injury lawsuit against the liable party. The main reasons to file a personal injury lawsuit are:
- The liable party was not insured at the time of the accident but has enough assets to settle your claim
- The liable party's insurer declines to negotiate
- The liable party's insurer refuses to make a reasonable settlement offer
Cost of Legal Representation
There is no upfront cost or fees when hiring a personal injury attorney from the Dolman Law Group. Our firm believes in representing you as our first priority and we only get paid if we help you recover damages. The recoverable damages after a back and neck injury mainly covers:
- Current and future medical expenses
- Wages lost both now and, in the future
- Emotional distress and pain
- Reduced quality of life
The type and quantity of damages we can help you recover will mainly depend on the extent of your injuries. Our contingency fee policy allows you to have legal representation without having to fear the cost of hiring a back and neck injury lawyer. We can also help you and your family seek damages if you have lost a loved one who succumbed to a back and neck injury.
Contact a Back and Neck Injury Lawyer Today
A back or neck injury could drastically change your life. You and your family could end up incurring huge medical bills that may negatively affect your quality of life. A Boston back and neck injury lawyer can help identify all negligent parties that you can hold accountable and help you take on the liable party and their insurer to get compensated for your injuries. Contact our attorneys from the Dolman Law Group today for a free consultation.
Dolman Law Group Accident Injury Lawyers, PA
76 Canal Street, Suite 302
Boston, MA 02114