How Much Money Can You Recover in a Bus Accident Settlement?
The damages that might be available to you in a bus accident settlement will depend on multiple factors, including the following:
- Which party was responsible
- Whether there are several sources of recovery or a single source
- The insurance policy limits
- Number of people who were injured
- The extent and severity of your injuries
- Whether you contributed any fault to the accident’s cause
This means that there is not a singular amount that you can expect in a settlement. Instead, your lawyer will carefully review your case, identify all of the parties that contributed fault, and complete a liability determination. They will then provide you with a range of values within which you might expect a reasonable bus accident settlement to fall.
Types of Damages That Might Be Recoverable
Damages in a bus collision refer to monetary losses you have suffered because of the collision and your injuries. Compensatory damages include economic and non-economic damages. Your economic or special damages are compensation amounts for your pecuniary losses, including the following:
- Past medical expenses
- Future medical bills
- Past and future rehabilitation expenses
- Past wage losses
- Future reduction in your ability to earn income
- Property damage
- Other out-of-pocket expenses related to your injuries
Your non-economic or general damages are more difficult to calculate and include the following:
- Physical pain and suffering
- Mental anguish
- Disfigurement/scarring
- Loss of the enjoyment of life
- Others
In addition to compensatory damages, punitive damages might be available in certain situations. However, punitive damages are rare and are only awarded in situations in which the defendant’s conduct was particularly outrageous. If punitive damages are awarded, they are payable on top of the compensatory damages award. However, punitive damages are rare and are generally only awarded at trial instead of through a settlement.
Modified Comparative Negligence
If you were partly responsible for your bus collision, it will affect the value of your claim. Under Mass. Gen. Laws ch. 231, § 85, Massachusetts has adopted a modified comparative negligence law. Under this rule, you cannot recover damages in a personal injury claim if your negligence was greater than the combined negligence of the defendants. In other words, if you are determined to be 51 percent at fault or greater, you won’t be able to recover damages. However, if you are 50 percent or less at fault, you can still recover damages. Your damages award will be reduced by your percentage of liability.
When to File a Bus Accident Claim
Massachusetts has a statute of limitations for personal injury cases found in Mass. Gen. Laws ch. 260, § 2A. Under this law, you must file your bus accident lawsuit within three years of the date of your accident and injuries. If you wait too long to file, your claim could be time-barred, meaning you might be prevented from recovering compensation for your losses.
Talk to Ellis & Associates
If you were hurt in a bus crash, it is critical for you to act quickly. Important evidence could be lost as time passes. Getting help early in your case might allow your attorney to find and preserve evidence before it can be lost so that you can present a stronger case. To learn more about your rights and your potential claim, contact the attorneys at Ellis & Associates by calling 800-MR-ELLIS or sending us a message online.