When Can You Bring A Claim?

Although they are called “accidents” --- they rarely are accidents. Usually someone has caused the accident. That is the person who is liable for your injuries.

Massachusetts General Laws chapter 231, section 6D states that a person can bring a claim for personal injury “if the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of two thousand dollars unless such injury, sickness or disease (1) causes death, or (2) consists in whole or in part of loss of a body member, or (3) consists in whole or in part of permanent and serious disfigurement, or (4) results in such loss of sight or hearing as is described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of section thirty-six of chapter one hundred and fifty-two or (5) consists of a fracture.”

It is important for you to contact an attorney to review your situation since some people cannot even accept that they are not at fault and that someone else is to blame. My experience is that often a victim blames themselves for a collision that someone else caused. There are a number of types of collisions. Each must be looked at separately to determine if there is liability and how to proceed. They include rear end collision, side impact collisions, multiple car collisions, pedestrian accidents, motor cycle accidents, truck accidents, and bicycle accidents.

The lawyer has to prepare every case like it was going to trial. He must look at the scene, gather police reports and other evidence, talk to witnesses, review state and local records, and gather medical evidence. Only once this is done can a settlement demand be made against the at fault party. The settlement is unsuccessful than the attorney must be prepared to bring suit to recover aid money judgment.

Call Attorney Erickson to discuss these issues at 978-929-9995.