Damages Recoverable in a Car Accident Lawsuit in Boston

Car accidents can have a profound impact on the lives of those involved, and the aftermath can be overwhelming. In Boston, car accidents are a common occurrence, and if you have been injured in an accident due to the negligence of another driver, you may be entitled to compensation for your damages. 

In this article, we will discuss the damages that are recoverable in a car accident lawsuit in Boston and what you can do to ensure that you receive the compensation you deserve.

Types of Damages in a Car Accident Lawsuit

When pursuing a car accident lawsuit, it’s important to understand the types of damages that are recoverable. There are two main categories of damages: economic and non-economic.

Economic Damages

Economic damages refer to the financial losses that you have suffered as a result of the car accident. These damages are typically easy to calculate because they are based on actual financial losses. Economic damages may include:

• Medical expenses: This includes all medical expenses that you have incurred as a result of the accident, including hospital bills, doctor’s fees, prescription costs, and physical therapy expenses.
• Lost wages: If you have missed work as a result of your injuries, you may be entitled to compensation for your lost wages. This includes both past and future lost wages.
• Property damage: If your car or other property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement.

Non-Economic Damages

Non-economic damages are less tangible than economic damages and are more difficult to calculate. These damages are intended to compensate you for the pain and suffering that you have experienced as a result of the accident. Non-economic damages may include:

• Pain and suffering: This includes physical pain and emotional distress that you have suffered as a result of the accident. This can include things like anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of enjoyment of life: If your injuries have affected your ability to enjoy life, you may be entitled to compensation for the loss of enjoyment of life.
• Loss of consortium: If your injuries have affected your relationship with your spouse, you may be entitled to compensation for the loss of consortium.

Factors Affecting the Amount of Damages Recoverable

The amount of damages that you can recover in a car accident lawsuit in Boston depends on a variety of factors. These factors include:

Severity of Injuries

The severity of your injuries will have a significant impact on the amount of damages that you can recover. If your injuries are severe, you may be entitled to a larger settlement to compensate for your pain and suffering. For instance, if you have suffered a traumatic brain injury (TBI), spinal cord injury (SCI), or other catastrophic injuries, your settlement amount will likely be higher.

Extent of Property Damage

If your car or other property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement. The extent of the damage will affect the amount of damages that you can recover. For example, if your car was totaled in the accident, the settlement amount will obviously be higher.

Liability

The extent to which the other driver is responsible for the accident will also affect the amount of damages that you can recover. If the other driver is found to be completely at fault for the accident, you may be entitled to a larger settlement. On the other hand, if you share fault in the accident, your settlement may be reduced.

Insurance Coverage

The insurance coverage of both you and the other driver will also affect the amount of damages that you can recover. If you have full coverage insurance, you may be able to recover more damages than if you only have liability insurance. If the other driver is uninsured or underinsured, it may affect the amount of damages that you can recover and may require you to explore other options such as filing an uninsured motorist claim.

Legal Representation

Having a skilled car accident injury attorney on your side can significantly increase the amount of damages that you can recover. A car accident attorney can negotiate with the insurance company and fight for your rights in court if necessary, increasing your chances of receiving a larger settlement. Hiring an attorney will also ensure that you are following the legal procedures correctly and avoiding any mistakes that could hurt your case.

Steps to Take After a Car Accident

If you have been in a car accident, there are several steps that you should take to ensure that you are protected and to increase your chances of receiving fair compensation.

Seek Medical Attention

Your health and safety should be your top priority after a car accident. Even if you feel fine, it’s important to seek medical attention as soon as possible to rule out any hidden injuries. Some injuries, such as whiplash or concussions, may not be apparent immediately but can have long-term effects.

Gather Evidence

Gathering evidence is crucial for a successful car accident claim. Take photos of the accident scene, including the damage to your car and any injuries that you sustained. Collect the contact information of the other driver and any witnesses to the accident. Obtain a copy of the police report, which will provide details about the accident and any citations issued.

Notify Your Insurance Company

Notify your insurance company about the accident as soon as possible. Provide them with any relevant information and avoid admitting fault. Your insurance company will investigate the accident and provide you with guidance on how to proceed.

Contact a Car Accident Attorney

Contacting a car accident attorney in Boston early on in the process is critical to ensure that you are following the proper legal procedures and maximizing your chances of receiving fair compensation. An experienced attorney can guide you through the legal process and advocate for your rights.

Negotiating a Settlement

In most car accident cases, the insurance company will offer a settlement to the injured party. This settlement is intended to compensate the injured party for their damages and avoid going to trial. However, it’s important to note that insurance companies are focused on minimizing their costs and may offer a lower settlement than what the injured party deserves.

This is where a skilled car accident attorney in Massachusetts can make a significant difference. An attorney can negotiate with the insurance company on your behalf and fight for a fair settlement that covers all of your damages. If a settlement cannot be reached, your attorney can help you prepare for trial and present your case to a jury.

The Bottom Line

If you have been injured in a car accident in Boston, it’s important to understand your rights and what damages are recoverable in a car accident lawsuit. Economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering and loss of consortium, can all be recovered in a car accident lawsuit. 

The amount of damages that you can recover depends on several factors, including the severity of your injuries, liability, and insurance coverage. Contacting a car accident attorney early on in the process can significantly increase your chances of receiving fair compensation and navigating the legal process.

At Swartz & Swartz, we have a team of experienced car accident attorneys who can guide you through the legal process and advocate for your rights. Our attorneys have a deep understanding of the complex legal issues involved in car accident cases and have successfully represented clients in Boston and throughout Massachusetts. 

We work tirelessly to ensure that our clients receive fair compensation for their damages and we are committed to achieving the best possible outcome for each client. If you have been injured in a car accident, contact us today to schedule a free consultation and learn how we can help you.