If you’ve been in an accident in Fall River, MA, there is a likelihood you might want compensation for your injuries and damages incurred especially if the accident wasn’t your fault. If you are planning to file for a car accident claim, you might be wondering how long it will take for your case to resolve.
According to the law in Massachusetts, if you are injured in a car accident, your Fall River car accident attorney can help you seek compensation from:
The at-fault party
The driver responsible for your accident will pay the full amount for damages and injuries caused by the accident. The money will either come from their insurer if they have insurance or from their own pocket if they are uninsured.
Your Insurance
Your insurer will pay for a portion of the damages under the PIP coverage. Massachusetts is a no-fault state. This means that you will be compensated regardless of whether the accident was your fault or not.
Underinsured or Uninsured Coverage
If the other driver is not insured or they are underinsured, your insurance company will compensate you if you have uninsured/underinsured liability coverage.
Other Defendants
This includes other parties responsible for the accident such as the car manufacturing company that sold a car with defective brakes or the municipality for bad roads.
The amount of time it will take for your case to resolve will depend on which of the above factors affect your case. If you are unsure which ones apply to your case, you should consult the expertise of a car accident lawyer near you as soon as possible.
With that being said, let’s discuss the above factor and expound on how they might affect the length of your case.
Filing a Car Accident Lawsuit Against the at-fault Driver
According to the law in Massachusetts, you can sue the driver responsible for your accident if:
- The damages and injuries you incurred exceed $2000
- You suffered significant scarring and disfigurement, fractured bones, or loss of hearing or sight.
In such a case, your Fall River car accident attorney will be able to file a claim or a lawsuit against the at-fault driver’s insurance company.
Filing a Claim with Your Insurance Company
As mentioned earlier, Massachusetts is a no-fault state so your personal insurance coverage is responsible for paying for the bills incurred as a result of the accident, regardless of who caused it.
The first person you should contact to make a claim with should be your insurer for personal injury protection (PIP).
PIP covers:
- Your medical expenses up to $2,000
- Lost wages, up to 75% of your earnings.
- Household services in case you aren’t able to do them yourself.
The maximum benefit for PIP in Fall River, MA, is $8,000. This amount might not be enough if your damages and injuries are serious. It also won’t compensate you for general damages such as pain and suffering.
If you file for PIP, your insurer will compensate you within 30 days. If they deny your claim or fail to pay you within the stipulated time, you can file a claim against them for acting in bad faith. A Fall River, MA car accident attorney can help you file a claim against your insurer for bad faith and for PIP benefits.
When Should You File a Car Accident Lawsuit?
The statute of limitations for filing a car accident lawsuit in Massachusetts is three years from the date of injury. However, just because you can file a lawsuit anytime within those three years, doesn’t mean you should file without seeking the advice of a lawyer first.
Sometimes it’s better to file a lawsuit when you have reached a medically stable condition. For instance, you may have sustained a head injury. Your doctor tells you that your injury wasn’t serious and you should be well in a few months. If you file a lawsuit before you reach a medically stable condition, the amount of compensation you will receive will be limited to that of a head injury lasting a few months and you will be expected to reach a full recovery.
However, if your head injury worsens after a few months and you require more medical treatment, you will not receive additional money to cover your medical bills if your lawsuit has already been settled.
If you or a loved one has been injured in a car accident in Fall River, MA, we can help you. Call us at 508-676-0001 and one of our Fall River car accident attorneys will help you by discussing the best options for you to recover maximum compensation.
