Massachusetts Car Accident Compensation Laws
People drive like MANIACS, and some have ROAD RAGE so BE AWARE; Whether you know Boston, and the New England areas like the back of your hand, or you’re a tourist visiting the Cape or Fenway for the first time, automobile accidents happen every day and are a part of East Coast living. If you were involved in a truck accident “fender bender or worse, you’ll need to understand Massachusetts’s automobile accident compensation laws.
Below is a table outlining essential aspects of Massachusetts’s car incident compensation laws, such as limits on damages and the statute of limitations.
Statute of Limitations 3 years for most personal injury and property damage lawsuits (Ch. 260, Sec. 2A)
Limits on Damages $500,000 limitation on several non-economic damages in medical malpractice cases (Ch. 231, Sec. 60H)
Other Limitations No-fault program requires filing insurance claims before following legal obligations (Ch. 90, Sec. 34M); a modified comparative negligence fault system may block or diminish damages (Ch. Massachusetts uses a “no-fault” system for insurance claims and car accidents. This implies anyone looking for personal injury compensation from a car crash must first submit an insurance claim with his or her car insurance company before pursuing damages against a different party. The insurance covers specific amounts by law no matter who was at fault (with some exceptions, like your own intoxication).
Massachusetts follows a “modified comparative negligence” strategy to determine contributory negligence & accountability for damages above. Beyond those covered by insurance.
This principle says that you might only recover damages if your negligence (if any) in causing the injury is not greater than that of the individual or people you are suing. To put it differently, to recover damages, you shouldn’t be more than 50% to blame.
But if you were partially to blame, some awarded damages will be decreased in proportion to the depth to which you were at fault. For instance, if you were 10 percent at fault and the other driver was 90 percent responsible for the responsibility, you may still sue the other motorist.
Types of Damages
There are typically two kinds of damages you’ll be able to recuperate: economic and non-economic. Monetary damages are the direct, certain costs you have incurred because of your injury or damage to property. In contrast, non-economic damages refer to some more abstract costs of a crash, like mental anguish and the loss of spousal companionship.
Examples of economic damages include:
■ Automobile repairs or replacement
■ Medical expenditures
■ Lost wages
■ Physical pain
■ Emotional distress
Limits on Damages
Massachusetts doesn’t have a cap on compensation that may be granted, but for the non-economic claims of specific medical malpractice claims ($500,000). Additionally, claims are time-sensitive, as you’ve got three years from the date of the accident to document most suits in court.
Involved in a Massachusetts Car Accident? A Lawyer Can Help
Massachusetts has many rules which may make car accident claims a little more confusing. As a result of this modified comparative negligence rule, you will want some help understanding if and to what extent you could be partly at fault for an accident and how this may affect your prospective award. Get the jump start on your claim today by calling out a Massachusetts motor vehicle accident attorney.
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