Chelsea , Massachusetts has become a place of choice for up and coming professionals working in the Boston metropolitan area. Located just across the Mystic River, Chelsea is rapidly becoming known for its restaurants, Market Basket, retail shops and as a place for nightly entertainment.
Just 2.5 square miles, Chelsea is one of the most densely populated cities in Massachusetts, and accordingly, it has its traffic problems with its fair share of accidents. Whether from frustration, inattention, or a desire to get someplace fast, drivers take unnecessary risks, use poor judgment, or are just careless when driving. A motor vehicle accident in Chelsea can cause catastrophic injuries that require the services of a lawyer from the Law Offices of Neil Burns, a Chelsea car accident lawyer.
We are experienced car accident lawyers who have been handling injury claims since 1985 and have obtained millions of dollars in compensation for our injured clients through dedication and an attention to detail that leaves no source of compensation unexamined or a responsible party off the hook.
We have successfully handled the following types of motor vehicle accidents:
- Collisions with trucks
- Commercial vehicle accidents
- Motorcycle accidents
- Bicycle accidents
- Accidents with city or state owned vehicles
- Accidents involving taxis
- Pedestrians hit in crosswalks or outside of crosswalks
- Comparative liability accidents
- Drunk driving accidents
- Faulty roadway design
- Defective auto parts such as brakes, steering systems, or exploding tires
- Uninsured and underinsured motorist cases
- Wrongful death claims
- Intersection accidents
- Red light accidents
What is a Personal Injury Claim in Chelsea?
Car accidents are personal injury claims, meaning that you are generally bringing a claim against another motorist’s auto liability insurance carrier because you were injured due to that driver’s negligent conduct. When someone drives a car or other motor vehicle, he or she has a duty to use reasonable care, which means driving safely and obeying the traffic laws. When motorists drive carelessly, are impaired, fall asleep at the wheel, speed, or ignore traffic lights or signs and cause an accident, then they have breached that standard of care. If your injuries were caused by that breach, then you have a sustainable injury claim where you have to demonstrate your damages and the compensation to which you are entitled.
What if the Responsible Party is Uninsured or Has Too Little Insurance in Chelsea?
All motorists are required to have liability insurance in Massachusetts with bodily injury limits of at least $20,000 per person and $40,000 per accident, $8,000 in PIP coverage and $5,000 in property damage. Some vehicles lack any insurance and many only have minimal coverage. If you are in an accident with an uninsured driver and your own policy has uninsured (UIM) coverage, you can bring a claim under your own policy provided you can prove the uninsured motorist caused your accident and your injuries.
If your damages exceed the limits of $20,000, your underinsured (UIM) policy will cover you to the extent not covered by the responsible party’s coverage. For instance, if your damages are $100,000 and you recover $20,000 from the other party and you have $100,000 in UIM coverage, you can collect up to $80,000 under your own underinsurance policy.
Who are the Responsible Parties?
While insured motorists who cause accidents are covered by their own insurers who provide them with attorneys who are really defending the interests of the insurance company, what about other responsible parties like the city or state or a manufacturer of a defective vehicle?
You can sue the city and state if it owned a vehicle or employed a driver that caused your accident or if it was negligent in not providing a safe roadway, ramp, median, or adequate signs for example. These cases have strict timelines for providing detailed notice of a claim to the proper city or state agency before filing a suit.
In any case where there is disputed liability, you will need an attorney who has the resources and knowledge to prosecute your claim and to meet the defenses and challenges that arise. Should your own negligence have played a role in causing your accident injuries, you can still collect compensation provided your degree of causal responsibility was less than 50%.
Damages in a Chelsea Car Accident Claim
The goal of any accident claim is to obtain as much compensation for your injury as is reasonable. Much of what you collect depends not only on the nature and extent of your injuries, but on how much insurance is available or the value of the defendant’s assets in some cases. You can collect compensation based on the following damages:
- Medical expenses
- Lost earnings
- Loss of employment benefits
- Inability to engage in normal daily or recreational activities
- Pain and suffering
- Psychological trauma such as PTSD
- Spousal claim for loss of consortium
If a wrongful death needs to be filed for an accident in Chelsea, we can help you bring it with the administrator of the decedent’s estate for the benefit of the immediate family only. Damages may include:
- Any medical expenses incurred before the person succumbed
- Loss of any financial support that a spouse or other family member may have received from the decedent
- Burial and funeral expenses
- Loss of the decedent’s love and support
- Pain and suffering only if the decedent was conscious for a time before dying
- Punitive damages if the responsible party was grossly negligent or showed a willful indifference to the safety of others