As mentioned in last week’s post, evidence plays a crucial role in the success of a personal injury lawsuit. It is crucial to begin supporting one’s case soon after the crash, as every day that passes means eyewitnesses forget things and skid marks on the road become less prominent. Acting quickly is key, but when has just been involved in a unexpected car accident, getting compensation or holding a negligent professional accountable may be the last thing on their mind. By the time an accident victim gets around to considering the possibility, valuable evidence may be lost.
Why is evidence important? Because it points to the other driver’s negligence. And, in Massachusetts, recovery is possible only if the accident victim is 50 percent or less at fault. Recovery is reduced by the percentage of one’s fault, but recovery is still possible. If it is found to be 51 percent or more, then the victim is not eligible to recover any damages.
Since the law is known to everyone, but the accident victim, everyone usually tries to shift the blame on the victim. For example, insurance companies, familiar with how the system works, try to make it appear as if the victim was more involved than they actually were, as that would reduce the amount of compensation they have to pay. This is why having someone experienced and knowledgeable by one’s side can be a valuable asset.
At the Law Office of Colonna and Doyle, we work closely with accident investigators to assess fault and counterclaims to protect our client when no one else will. For more on accidents, visit our page.