How Do Speeding Accident Cases Work in Massachusetts?
Massachusetts operates under the concept of “modified comparative negligence.” This means that you can still recover damages even if you are partially at fault for the car accident, as long as you are not more than 50% responsible. Massachusetts courts require the plaintiff (the person filing the injury claim) to prove the four elements of negligence in order to receive any kind of damages:
- Duty of Care: The defendant had a duty to protect others’ safety (in this case, to obey speed limits).
- Breach of Duty: The defendant did not uphold that duty.
- Causation: The defendant’s breach of duty directly caused your injuries.
- Damages: You have medical bills or other documentable damages as a result of the injuries.
All you need to do is give our attorneys as much information as you can about your accident. We will handle the rest.
If you have been injured in a speeding accident, securing legal representation is critical. Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282).
Our Approach to Speeding Accident Cases
Our Team Is Dedicated to Your Success
All accidents involving a speeding driver have their own complexities and nuances. If we take your case, we will assess your situation and develop a personalized strategy to support your chances of the best possible outcome.
Case Evaluation
The process starts with a free consultation. If we agree to represent you, we will then do a more comprehensive evaluation of your case. We review the details of the accident, including the accident report, witness statements, and medical records.
Investigation
The more details we have, the better equipped we are to build a strong case. We use many different strategies to gather these details:
- Visiting and documenting the scene of the accident;
- Hiring accident reconstruction experts;
- Reviewing CCTV footage of the accident;
- Locating and interviewing witnesses; and
- Reviewing your medical bills and the cost of medical care.
Our investigation does not just help us build a case. It is also critical for determining the worth of your case and what we can ask for in damages.
Working With Experts
We consult with expert witnesses like medical professionals and economic loss analysts. Their insights contribute significantly to building a robust case that highlights the full extent of your damages. If need be, they also can testify in court.
Claim Preparation and Negotiation
This is one of the most important parts of what we do. Our attorneys prepare and file your claim, and we negotiate with insurance companies to try to get you a fair settlement. Insurance companies know that if you are represented by Cava Law Firm, you have a legal team who will not give up. If we cannot reach a settlement agreement with the insurance company, we then discuss with you the next step in preparing for litigation.
Litigation and Next Steps
Most speeding driver accident cases can be successfully settled out of court. However, some cases can be settled through mediation or with arbitration. If a trial is needed, we will put together your case with all the facts and information collected to be heard in front of a jury.
FAQ
In the aftermath of a speeding driver accident, having questions is normal. These are some of the ones we are most commonly asked:
What can I expect in my free consultation?
One of our Springfield speeding accident lawyers will listen to the details of your case, answer any questions you may have, and discuss the potential legal steps you can take. You can also get to know us and learn how we can best represent you in your case.
How long do I have to file a claim after a speeding accident?
In Massachusetts, the statute of limitations for personal injury claims is typically three years from the date of the accident, but certain factors may affect this timeline.
Will my case go to trial?
We attempt to negotiate a fair settlement. However, if we cannot settle with the other party, we are prepared to discuss the next steps of filing your case in court..
What if I was partly at fault for the accident?
Massachusetts follows a modified comparative negligence rule, meaning you may still recover damages if you are less than 51% at fault. Your percentage of fault will reduce the amount of compensation.
What if the speeding driver was uninsured?
If you have uninsured motorist coverage, you can claim compensation from your insurer. That is why having higher underinsured/uninsured motorist coverage on your own policy is important. **[Can we put a link here to that other article on under/uninsured coverage]**
How much will it cost to hire a speeding accident lawyer from Cava Law Firm?
Our firm operates on a contingency fee basis, meaning you only pay if we secure compensation for you. The exact fee will be discussed during your consultation.
At Cava Law Firm, we are here for our clients. If you have questions at any point in your case, we are here to answer your questions and work with you to get the maximum compensation you deserve..
Why Choose Us?
Winning Is NO Accident!
At Cava Law Firm, we stand by our clients, guiding them through every step of the legal process. We have a proven track record of securing favorable outcomes for our clients, and we are committed to seeking justice for victims of speeding accidents.
If you have been hurt in a speeding accident you did not cause, you deserve a committed advocate. Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282).
