If you are injured in a car accident in Massachusetts and you were not wearing your seat belt, you can still seek compensation for your injuries. However, there is a catch. Even though you can still file a claim, the amount of money you receive may be smaller.
Here is why: In Massachusetts, they follow a rule known as “contributory negligence.” That is, if the insurance company can demonstrate that not wearing a seat belt exacerbated your injuries, they may lessen the amount of money they have to pay you. So, if it’s established that not wearing your seat belt contributed to how badly you were harmed, the compensation you receive may be reduced.
The good news is that simply not wearing a seat belt does not exclude you from seeking compensation for your injuries. You can still file a compensation claim, but you should be aware that failing to buckle up may reduce the amount of money you receive. it is, however, also important to get your case reviewed by a Worcester car accident lawyer as soon as possible.
How Does Contributory Negligence Reduce the Compensation I Can Recover?
There is a provision in Massachusetts known as “contributory negligence.” This means that if you were somewhat to blame for your injuries, the amount of money you can receive is proportional to your level of fault.
Assume you did not wear your seatbelt and were injured in a car accident as a result. If the other motorist can show that not wearing your seatbelt exacerbated your injuries, the court may hold you partially responsible.
Now, if the court determines that you are more than 50% to blame for what happened, you may not receive compensation for your injuries. However, if it is less than 50%, you can still get money, though it will be less.
For example, if you were meant to receive $100,000 in compensation for your injuries, but the court determined that you were 40% to blame for not wearing your seatbelt, you would only receive $60,000. They deduct 40% because they believe it is your fault. Even if you were awarded money, it would be less because they thought you were involved in what happened.
How Do I Claim Compensation for a Car Accident in Worcester, MA?
Regardless of who caused the accident, your own auto insurance often covers your medical expenses and other expenditures if you are in one in Massachusetts. We refer to this as a “no-fault” system. Request “personal injury protection” (PIP) from your insurance provider to cover expenses for household services, medical bills, and missed income. The maximum benefit from PIP is $8,000; however, it often pays for up to $2,000 in medical expenses.
The problem is that under this system, you cannot receive compensation for non-medical expenses such as pain and suffering unless your medical expenditures total at least $2,000 or you have suffered a serious injury such as a broken bone, a permanent alteration in your look, or a significant loss of hearing or vision.
However, if your injuries fit these criteria, you are not limited to using only your own insurance. A Worcester car accident lawyer who understands car accidents and injuries can assist you in pursuing the other motorist for all of your damages, including pain and suffering. They can accomplish this by submitting a claim to their insurance company or even going to court. I’m here to assist you in receiving all of the money you deserve.
What Damages Can I Claim After a Car Accident?
If you are injured in an automobile accident in Massachusetts, you can seek compensation for your injuries even if you were not wearing a seatbelt. Wearing one may reduce the amount you can get, but it does not prevent you from requesting compensation for anything you’ve lost. Generally, you can collect money for money-related items like medical costs and salaries you couldn’t make because you were hurt.
Economic Damages: If you are injured in an accident, you can seek compensation to cover expenses such as doctor bills and treatment. This includes both what you’ve previously paid as well as what you may have to spend in the future. If your injuries prevent you from working, you may be eligible for compensation.
Non-Economic Damages: In addition to money for specified costs, you can seek compensation if the accident causes you bodily suffering or emotional grief. This is what is known as “non-economic damages” or “pain and suffering.” It covers things like the sadness or stress induced by the tragedy. These types of damages are more difficult to calculate since they lack a clear monetary worth. You might need a doctor to explain this to confirm you’re going through it.
In plain terms, if you are in a car accident in Massachusetts, you can seek compensation for things like medical bills, missed wages, and the agony and stress you had as a result of the accident.
