Personal injury legislation establishes a legal process for injured individuals to recover damages when they are harmed because of another person’s negligence. A Pittsfield personal injury lawyer could help accident victims pursue compensation after a person’s negligent actions cause an accident. Whether negotiating a settlement or litigating a court case, our experienced attorneys work to establish negligence, gather evidence, and adhere to court-established deadlines.

Gathering Evidence

Proving negligence requires evidence, such as police and accident reports or witness statements.

Accident Reports

According to Massachusetts General Laws Chapter 90 § 26, Massachusetts requires drivers to file a car accident report within five days of an accident if property damage exceeds $1,000 or there are injuries. They must file a report regardless of any police reports that may be filed. However, police reports, body camera footage, and 911 audio recordings are official documentation of an accident.

Commercial and apartment buildings often require managers to file reports on accidents on their premises that cause injury. These reports can be used as evidence in slip-and-fall accidents. First responder notes and statements may also be available if called to an accident scene.

Cellphone Records

Distracted driving is a leading cause of car accidents. Gaining access to phone logs and data usage can highlight the time, date, and duration of a call. They can point to possible driving impairment. Comparing data usage to call activity can be used to demonstrate possible texting or video transmissions.

Witness Statements

Because bystanders view accidents from different perspectives, they may reveal critical information on what occurred before, during, and after. They can provide supporting details that back up other testimony.

Video and Photography

Whenever possible, accident victims should take pictures of the accident scene, property damage, and injuries. Depending on location, surveillance footage may be available from nearby businesses or traffic cameras. Witnesses may also have videos and photos of the accident. Visual evidence makes it easier to visualize an accident.

Medical Records

Accident victims should always seek medical attention even if there are no apparent injuries. It can take time for symptoms to appear. Establishing a medical record of injuries is crucial to accident claims, as it establishes a baseline for damages. Keeping a record of all medical expenses, such as doctor appointments, in-home care services, or physical therapy, provides a basis for economic damages.

To ensure your personal injury claim is as strong as possible, with all of the necessary supporting evidence, it is essential to seek the services of a Pittsfield attorney.

Proving Negligence

Injured parties must show that the at-fault person or entity was negligent before they receive compensation. Proving negligence requires the following:

  • Establishing a duty of care, meaning they had a responsibility to ensure the safety of others
  • Showing that the at-fault party failed to maintain a duty of care
  • Proving that the actions that violated the duty of care caused the accident
  • Demonstrating that the accident caused the injuries or property damage

Using the gathered evidence, a skilled personal injury lawyer develops a legal strategy to pursue compensation for their clients in Pittsfield.

Reach Out to a Pittsfield Personal Injury Attorney Today

Accident victims have three years from the time of the accident to file a claim; however, waiting too long can result in a loss of evidence. For example, witnesses may relocate or question their memory. The accident scene may no longer be the same. A building’s entry may change, or a road may be under construction. Contacting a Pittsfield personal injury lawyer as soon as possible protects critical evidence and ensures that court filings meet established deadlines. Schedule a consultation with us today.