Car Crash Injuries

Car Crash Injuries in Massachusetts

Car accidents and collisions are one of the leading causes of death or injury in the United States. It is estimated that nearly 1.3 million people die in car accidents each year, which amounts approximately 3,287 deaths per day! More than half of the car crash deaths occur among adults between the ages of 15-44. According to data, approximately 37,000 people die in car related accidents in the United States each year.

In 2014, there were 328 deaths caused by motor vehicle crashes in the state of Massachusetts. According to statistics, Massachusetts had one of the highest proportions of car occupant deaths at 48 percent and also had a high proportion of pedestrian deaths at 21 percent.

The lawyers at Curran & Desharnais, P.C. are experienced at handling car accident claims and cases and will fight vigorously to help crash victims receive full compensation for their injuries and losses.

Car crashes are often attributed to factors such as:

  • Failure to obey traffic signs or signals
  • Failure to signal when turning
  • Careless driving
  • Distracted Driving
  • Driving a car under the influence of drugs and/or alcohol
  • Talking on a cell phone while driving
  • Dangerous road conditions

The type of injuries that can occur from car accidents are many but there are a few types of injuries that occur often which include neck and back injuries, head injuries, face injuries, soft tissue injuries.

Head Injuries from Car Accidents

Head injuries can occur when the body and head are jolted (for example, against the head rest, or against a windshield or steering wheel) causing the brain to strike against the interior of the skull. The types of head injuries that can occur from car accidents include:

  • Concussions. This is the most common type of brain injury and may or may not result in a loss of consciousness, dizziness, memory problems, etc…
  • Traumatic Brain Injury (TBI). This is a severe brain injury that often requires ongoing rehabilitative care.
  • Diffuse Axonal Injuries. This type of injury can result from severe or sudden jolting or shaking which can cause tears in the brain.
Neck and Back Injuries from Car Accidents

While these are very common injuries in car accidents, they are not always easy to detect right away due to the fact that people are often in shock from a collision, which can trigger a protective physical response by releasing adrenaline and other pain-masking hormones. Once the body comes out of this protective state, an individual will often start to feel the effects that the collision had on the body. Injuries can range from neck and back strains (i.e., whiplash) to herniated disc injuries, which typically require medical treatment and rehabilitation.

Typically, a medical provider will order X-rays to rule out fractures or breaks but this form of test can only see bone, so it is not useful for diagnosing other potentially serious injuries such as herniated discs. Injured parties must be advocates for their own care and if painful symptoms do not resolve, you should ask that an MRI be performed.

While some neck and back injuries may resolve over the course of physical therapy or chiropractic therapy, other injuries require more intensive treat including steroid injections, and/or surgery.

Below are answers to some of the most frequently asked questions about car crashes:

What Damages Can I Recover for My Car Accident?

The following is a list of potential damages or costs that can be recovered after a car accident:

Medical Bills: In Massachusetts, the first $2,000.00 in medical bills is paid by the Personal Injury Protection (PIP) insurance carrier of the car you were in (i.e., your own car insurance). Once you have hit the $2,000 threshold, medical bills will be submitted to your own private health care insurance, whether that is through Mass health or another private insurance carrier.

Lost Wages: If you lose money because of your inability to work due to your injuries, you may be entitled to collect 75% of your lost wages, based on your average weekly wage, from the PIP carrier, up to $8,000.00.

Pain & Suffering: This form of damages is often the most uncertain area as many insurance carriers will attempt to downplay and minimize the effect that any injuries have had on the injured party. Insurance carriers do not want to pay claims if they can help it, which is why your need an advocate who will fight on your behalf.

Emotional Distress: Car crashes can be traumatic events and depending on the severity of the crash, these accidents can have a lasting impact on an individual’s mental and emotional health. It is not uncommon for victims of serious car accidents to suffer from post-traumatic stress disorder (PTSD) or display other signs of emotional distress such as loss of sleep, increased anxiety, or depression. This area of damages should not be ignored and can potentially make up a large portion of damages in your case.

Loss of Future Earnings Due to an Injury: In some cases, injuries may result in an ongoing physical impairment or disability which may interfere or prevent someone from being able to continue working causing substantial financial harm in the form of lost future income. In these situations, experts which may include economists and vocational experts will be hired to provide an opinion on the extent of any losses that will likely be incurred as a result of an individual’s inability to carry on with their occupation.

What Is the Statute of Limitations for a Massachusetts Auto Accident Claim?

Massachusetts law requires that any claim for damages or injuries resulting from an auto accident be brought within three (3) years of the date of the crash which caused the injury. This is known as the Statute of Limitations. Failure to file a lawsuit within the three (3) year statute of limitations may result in the case being dismissed.

Can I Recover If I Have a Pre-Existing Injury?

Yes. Just because a victim may have suffered from an underlying or pre-existing medical condition prior to the accident will not prevent recovery for injuries caused by the car accident, or for conditions that may have been made worse by the accident.

How Much Money Can I Recover for My Auto Accident?

The amount of any potential settlement, or case “value” will depend on a number of factors. Some of these factors include the severity of any injuries, the type of treatment that is required, the amount of medical bills that have been incurred, and the degree of any future impairment or disability that was caused by the collision. These are just a few of the factors that will be considered in determining the monetary value of any claim and must be explored by legal counsel and used to further advance a client’s case.

Hire a Massachusetts Car Accident Lawyer

Your legal rights need to be protected after a car accident. You should hire an experienced car accident attorney to evaluate and handle your case. Immediate action may be required to preserve all of your rights.

If you feel you have a car accident case, it is vital that you act immediately to protect your rights. Please call us at 781-277-3262, or send us an e-mail. Get your FREE legal consultation today with Curran & Desharnais, P.C.

Curran & Desharnais represents victims of car crashes and accidents all over the state of Massachusetts including Boston, Dorchester, Weymouth, Quincy, Braintree, Dedham, Randolph, Norwood, Westwood, Hingham, Norwell, Scituate, Cohasset, Rockland, Plymouth, Hanover, Kingston, Duxbury, Pembroke, Brockton, Bridgewater, Whitman, Hanson and else ware.