Pain and suffering is a common factor that determines the value of a claim. A Boston pain and suffering lawyer may be able to help you recover damages if you have suffered injuries following a fall or accident. Personal injury claims involving serious injuries are often complicated, but a personal injury lawyer can help in the claim process.
Many insurance companies will try to limit your claim to medical, financial, or property damages. But you or your loved one have a right to pursue general damages, which includes pain and suffering. To recover compensation, you must prove that the at-fault party was negligent and their actions or inactions directly caused your injuries.
How a Boston Pain and Suffering Lawyer Can Help
A pain and suffering lawyer serving the Boston area may be able to help you receive compensation for the emotional damage you suffered due to an accident. A lawyer will typically collaborate with medical experts such as general practitioners or psychologists. This may help prove that your injuries have caused you significant pain and suffering.
Some of the catastrophic injuries sustained in accidents are:
- Damaged spinal cord or herniated disc
- Traumatic brain injuries
- Severe burn injuries
- Loss of limbs
- Disfigurement and severe scarring
- Broken bones and fractures
A pain and suffering lawyer can help you maximize your compensation by showing the severity of the injuries you have sustained. A lawyer will help ensure that you have kept all medical records of treatment, including X-rays and surgery records. These are documents that will be useful during the negotiation process or lawsuit.
A pain and suffering lawyer can also help you determine the at-fault party or parties that are liable. This varies based on the accident leading to your injuries. For instance, the liable parties in an auto accident may be the drivers, the vehicle's owner, or the insurance company.
Consider consulting a Boston pain and suffering lawyer after any of the following situations:
- Slip and fall accident
- Boating accident
- Medical malpractice
- Bicycle or any auto accident
- Dog bites
- Construction accident
A personal injury lawyer knows the nuances of the legal processes involved in recovering damages. This could work in your favor when demanding compensation for pain and suffering.
Establishing Negligence in Personal Injury Cases
Your ability to establish negligence will affect if you are able to receive compensation for pain and suffering. Establishing negligence is dependent on four factors. First, you must be able to prove that a duty of care existed. You must show that the at-fault party was responsible for taking reasonable steps not to cause harm.
The second is that there was a breach of the duty of care owed to you. In the case of a dog bite, this may take the form of an owner letting their dog off a leash. The third element of negligence is showing how the breach of duty caused your injuries. The last is proof of injuries or property damage.
Third party claims against the liable party's insurer require a certain level of evidence. For instance, in an auto accident, you need evidence such as:
- Pictures of the damage caused by the at-fault party
- Video footage of the accident
- Eyewitness statements
- Police reports
- Drug tests records of the at-fault party after the accident
In all personal injury claims, there are various rules that come into play that you may not know about. For instance, the strict liability rule allows you to receive compensation for pain and suffering even if the liable party did not act negligently in some cases. Such a rule may come into play if the basis of your claim is a dog bite.
Time Limitations for Recovering Damages for Pain and Suffering in Boston
The state of Massachusetts has a three-year statute of limitations from the time of the accident for personal injury cases. This fixed time limit makes it imperative that you begin the claims process immediately after you have sustained injuries. This may not always be possible, especially if you have sustained catastrophic injuries.
If a loved one or a friend has suffered a severe accident, contact a personal injury lawyer. A lawyer can help the injured party and their family begin the claims process as soon as possible. A Boston pain and suffering lawyer can also help you recover additional damages that may include:
- Future and present costs of medical treatment
- Cost of making modifications to your home for comfort
- Cost of physical therapy
- Diminished earning capacity
Auto accidents may not qualify for damages for pain and suffering. This happens if the medical bills resulting from the injuries have not exceeded $2,000. However, there are few exceptions to this rule that you can take advantage of, and a pain and suffering lawyer may be able to assist you in identifying these exemptions.
The statute of limitations is quite strict, but there are instances where you can still recover pain and suffering damages. One of the instances is if you were a minor at the time of the injury. In this case, the three-year deadline does begin until you turn eighteen. If you have missed the statute of limitations, talk to a personal injury lawyer about the details of your case.
When to Hire a Pain and Suffering Lawyer
Recovering damages on your own after sustaining severe injuries can be mentally stressful and emotionally draining. Choosing the right pain and suffering lawyer can give you peace of mind and aid in your recovery process.
After your accident, you may recover compensation for physical damages, but that doesn't account for the hardships you've encountered in the form of pain and suffering. If you believe you deserve additional compensation, consider hiring a pain and suffering attorney in the Boston area.
Consult a Pain and Suffering Lawyer Today
Consulting Dolman Law Group can help you determine the full value of your claim. A lawyer can also help you navigate the personal injury claims process in Boston, MA to help you get compensated. You've been through enough already. Contact us today for a free consultation.
Dolman Law Group Accident Injury Lawyers, PA
76 Canal Street, Suite 302
Boston, MA 02114