Massachusetts Personal Injury Law Blog

Can I sue after being in a car accident?

by | Jan 28, 2021 | Car accidents

Suffering from a car accident can be a very challenging and traumatic experience for most people. Compensation that comes from this accident is supposed to help victims recover from their accident. While insurance companies provide compensation for economic damages from an accident, is it possible for a victim to sue for additional compensation?

There are many different types of damages that a victim can suffer after a car accident, and insurance compensation does not cover all of it. In Massachusetts, it is possible to sue for non-economic damages from a car accident. Here is what you should know about these lawsuits:

Suing for non-economic damages

Before someone can file a lawsuit against another person for damages in a car accident, they need to have less than most comparative negligence. This means that a person who is mostly responsible for the accident cannot sue another person who has less than a majority of liability for the accident.

For someone who does not hold the majority of fault in an accident, they can sue for non-economic damages, like pain and suffering or loss of life enjoyment, up to a maximum of $500,000 in most situations.

There is also a window of time that a victim can sue for damages. A victim has three years from the date of the accident to file a lawsuit against the liable party. If they do not file their lawsuit within those three years, they will not be able to pursue non-economic damages from the responsible party.

See how a lawyer can help you

The personal injury attorney will be able to review your accident and help you determine if you can sue the liable party for non-economic damages. They can also help you secure the best possible outcome in your lawsuit. If you are considering filing a lawsuit or just want to know if you can, do not wait another day to pursue this matter.