Attorney Daniel Cardinal of Franklin Law Group MA, LLC has developed expanded services to assist clients with their auto accident injuries in the areas of Milford and Worcester MA. Find further information at https://FranklinLawGroupMA.com. Reach them with questions or for a consultation at 617-277-3477.
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Franklin MA October 15, 2024 - Whether an individual is the driver of a vehicle, passenger in a vehicle, or pedestrian struck by a vehicle, monetary compensation for injuries sustained in a collision may be available.
The first factor in the analysis of a potential claim is determining who is at fault. In Massachusetts, compensation is available for damages if an individual is less than 50% at fault for the collision. For example, if the total value of injuries and related damages to an individual was $100,000.00, but they were found 49% at fault, the amount of those damages would be reduced by the 49% and that individual would receive $51,000.00 in compensation. If an individual is not at fault, then the individual would receive 100% of the compensation, or $100,000.00.
Fault in a two-car collision is dependent upon the facts of the collision as determined by the police investigation of the collision scene. Once fault is determined to be more than 50% against the other driver and the individual has suffered injuries resulting from the collision, that individual is entitled to damages. Damages are determined by the negligent driver’s insurer and the personal injury attorney representing the individual’s interest in their claim. It is the job of the negligent driver’s insurance company and the claimant’s attorney to value injuries and related damages in good faith at a reasonable amount.
The elements of a claimant’s damages are dependent upon the extent of the injuries caused by the collision. These elements may include:
· Medical treatment costs are the total amount of all treatment costs charged by all the medical facilities and medical professionals involved in the treatment of injuries. The total amount of medical treatment costs is presented to the auto insurer as part of the total compensation of the claim and would also be presented to a jury if the claim went to trial.
· Permanent scarring from a cut caused by the collision or as a result of a surgery relating to a claimant’s injury. The length of the permanent scar, the appearance of the scar and the location of the scar are all factors in the valuation of permanent scarring. Scarring is determined to be permanent if it is still visible 9-12 months after the injury date or surgery date.
· Pain and suffering endured every day from the time of the collision until the claimant is no longer experiencing pain. During this time, the claimant will have attended various medical treatments as directed by a medical professional. This treatment may involve treatment for soft tissue injuries, physical therapy treatment, injection treatments, or surgery and post-surgery rehabilitation. In some circumstances, injuries do not heal with treatment or surgery. The treating medical professionals may determine that the injuries are permanent from which the claimant will suffer indefinitely. Permanent pain and permanent physical limitations will be valued at a significant amount as a life-long burden to the claimant.
· Lost wages involve the amount of actual weekly wages that were not paid by an employer because of a claimant’s inability to work due to the injuries sustained. Treating medical professionals may recommend that a claimant not go to work due to the extent of the collision-related injuries. The treating medical professionals may issue a note indicating that staying out of work is necessary to assist in the treatment and recovery from collision-related injuries. Lost wages may last a week, months, years or indefinitely.
Lost wages and medical treatment costs are added together to make up the tangible, hard number damages in a claim. Unlike pain and suffering, permanent loss of function, or permanent scarring, which are difficult to place a specific value to, the hard number damages are easier to calculate and are valued as part of the total damages.
Other damages may apply to a claim depending upon the circumstances. In Massachusetts, if an individual suffers injuries resulting from a motor vehicle collision, the spouse and/or younger dependent children may also be entitled to compensation for the loss of companionship, love, guidance, and services that the claimant could not provide due to their injuries.
There is no exact formula to calculate the valuation of a claim. Retaining the service of an auto accident personal injury attorney who is experienced in valuing and negotiating all the elements of a claimant’s damages is critical to receiving the greatest and highest value for the claim.
Individuals that are involved in an automobile accident in Massachusetts and have suffered personal injuries should contact Attorney Daniel J. Cardinal at Franklin Law Group MA at (617)277-3477 or go to the website at: https://FranklinLawGroupMA.com
See what attorney Cardinal's clients have to say on the website at: FranklinLawGroupMA.com/testimonials
Attorney Cardinal has been practicing personal injury law and automobile insurance law for over 30 years.
Franklin Law Group MA, LLC
1 Fisher Street
Franklin, MA 02038
https://FranklinLawGroupMA.com
617-277-3477
Facebook: Facebook.com/hkc.attorney
Instagram: franklinlawgroup
Contact Info:
Name: Daniel Cardinal
Email: Send Email
Organization: Franklin Law Group MA, LLC
Address: 1 Fisher Street, Franklin, MA 02038, United States
Phone: +1-617-277-3477
Website: https://FranklinLawGroupMA.com
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