Massachusetts Personal Injury Library
How to Prove Fault in a Massachusetts Personal Injury Accident
If you have been involved in an accident, be it vehicular, slip and fall, safety-related, or otherwise - you're probably being bombarded with many complicated emotions. You may feel angry at someone else, ashamed that you needed treatment, or worried about any additional costs you may soon face. But it is important to set aside these emotional responses when trying to prove fault in a Massachusetts accident.
What to Do After an Accident
If you are involved in a serious accident, there are some steps for you to take before you turn your focus to proving negligence in a Massachusetts accident.
- Seek medical attention. Call an ambulance if necessary. This will start the documentation of your injuries and the costs associated with them.
- Call the police. When they arrive, fully cooperate with them, as well as with any other emergency personnel on the scene.
- Contact insurance companies and provide pertinent information. You may need to call your health insurer, auto insurance agent, or homeowner's insurance company. You might also need to provide this information to authorities or other parties involved in the accident.
- Contact a Massachusetts personal injury lawyer.
Gathering Evidence for Your Personal Injury Claim
As soon as you are able, you should document as many details about your accident as possible. Recording this information while the incident is still fresh in your mind can help in a Massachusetts personal injury lawsuit later.
- Write down identification information. This not only includes names, addresses, and phone numbers of those involved in the accident; but also license plate numbers, vehicle identification numbers, and insurance information.
- Find witnesses. Ask anyone in the area if they saw the accident, and write down as much information as they can give you about what happened. Be sure to include their names, addresses, phone numbers, and email addresses in your notes.
- Take pictures. Take photos and/or video of your accident scene, your injuries, the surrounding area, and any damage to your vehicle/property. Even if you have only a cell phone camera, you should still take some pictures (often, these photos can be enhanced).
Actions to Avoid After An Accident
Emotions may run high after an accident so it is important to pause and refrain from engaging in actions you may later regret. Some of these acts can even weaken your case in a Massachusetts personal injury lawsuit.
- Stay where you are. Don't leave an accident scene until the police or other authorities say that you can. They may need to get additional information from you. Also, do not wait in an area where you block traffic or expose yourself to further injury.
- Do not discuss fault. If you tell another party the accident was your fault, it can be used against you later. Even apologizing for the incident may be construed as an admission of guilt. Also, do not openly blame others for the accident; this is counterproductive and could escalate into an ugly confrontation.
- Keep all evidence. Do not discard anything related to the accident, such as loose car parts, torn or bloody clothes, defective products, or documentation. Disposal of any evidence in the case could reduce your chances of proving fault.
- Do not agree to a settlement without seeking legal advice. Some individuals or companies may try to offer you a deal to settle the case quickly. This is never a good idea. Negotiating a settlement agreement is usually necessary to ensure the full amount of your accident-related expenses is provided for.
As you can see, there are numerous variables which could affect negligence in even the simplest of accidents. For this reason, it is always a good idea to consult a Massachusetts personal injury attorney.
Next, it would be in your best interest to consult with an experienced personal injury attorney that specializes in accident cases in Boston, Massachusetts. It is important that the lawyer has handled these types of cases and that they understand personal injury law..
Boston accident lawyer, Tom Kiley, takes time when speaking with you about your case. Mr. Kiley will analyze all aspects of the incident, identify the negligent parties and hold them accountable! Kiley Law Group works with you on a contingent fee basis so there are NO FEES unless we win your case! Call us today for a FREE evaluation of your case – 1-888-208-1695..
