Personal Injury Law in Massachusetts: All You Need to be Informed About

Nobody knows what injuries-related issues you may face when going to other states. Let's discuss the details of Massachusetts personal injury law and what pitfalls may occur. In case of traumas or injuries, the best solution is to be acquainted with the local law or turn to an expert.

Essence of Personal Injury Law: Specifics of Massachusetts

Massachusetts has law regulations that give individuals a chance to recover their losses if they are injured due to someone else's guilt. This network consists of Statutes of attenuation for civil actions, rules against comparative fault, and laws specific to different types of injuries. Knowledge of these laws assists people in appreciating the laws governing any trial and so makes them safeguard their interests. Professionals with extensive experience, like personal injury lawyer Michael Kelly, can also assist with related questions.

An Outline of Statutes of Limitations in Massachusetts

The statute of limitations refers to the time limit that a person is supposed to take in order to file a case of personal injury. Among the most common types of personal injury claim is the car accident, the slip and fall kind of claim, or any other type of injury resulting from negligence. In Massachusetts, the basic rule is that such claims should not be brought more than three years after the date of the incident. These deadlines commence from the date of the injury.

Unique timelines apply to specific cases:

• Wrongful Death - 3 years from the date of death of the recipient;
• Medical Malpractice - 3 years after the accident or when the injured person should have discovered the accident;
• Property Damage - 3 years after injury done to real or personal property;

To establish a claim against Massachusetts government entities, the Massachusetts Tort Claims Act applies that it must be sent to the relevant agency no more than two years from the accident to file a claim. Failing to meet such deadlines usually entails waiving the right to ask for compensation, hence the need to act on time.

Comparative Negligence: How It Influence Your Case

Massachusetts has adopted the comparative negligence rule, so you will be compensated even if you are partially responsible for the accident. This means that in order to maximize your claim, a lawyer will search for evidence. Massachusetts follows the rule of a modified comparative negligence system. Under this rule:

• Since the measure of damages declared by the complainants can be recovered only if they were 50% or less at fault;
• Its amount is reduced by the ratio of the complainant's percentage of responsibility for the occurrence of the accident.

Common Types of Personal Injury Claims

Personal injury claims can occur any time when a person is injured due to someone's negligence or carelessness. In Massachusetts, there are some of the most frequent types of personal injury claims:

Car Accidents

Car accidents are one of the major reasons for personal injury in Massachusetts. Such situations are usually a result of reckless driving, drunk driving, or driving under the influence of a substance. There are generally substantial monetary losses, including loss of property and business, prescription expenses, and wages for the time they worked on their case. Furthermore, liability measurement in such instances entails analysis of police incidents, eyewitness statements, and accident reconstruction.

Slip and Fall Incidents

Slip and fall cases are common on-premises because of risks such as spills, slippery surfaces, or insufficient lighting. Such occurrences are mainly a result of the negligence of the property owners in ensuring that their premises are secure. Injuries that occur in an attack can be as minor as bruises or as severe as broken bones or head injuries. It is a legal mandate in Massachusetts that the property owner knew about the dangerous condition or ought to have known and have not taken adequate measures not to expose people to danger.

Medical Malpractice

This is the standard definition of medical malpractice: whenever healthcare service providers neglect their duty of providing adequate competent care to the patients, their claims are valid. Some of them are defects in diagnosis, improper surgery, or giving the wrong drugs for the illness. Patients need medical specialists as witnesses to establish why the provider's actions differed from standard care. These cases will comprise records relating to medical history and analysis of various factors by several analysts.

Workplace Injuries

Employment accidents are possible in virtually any field of work, and examples range from construction manufacturing to healthcare. This can range from falling from certain heights, repetitive stress, or coming into contact with certain chemicals. Generally, employers complete their requirements in workers' compensations, and in most cases, the worker has rights to certain benefits. However, for some reason, a third-party claim may be made if someone other than the employer was to blame for the injury.

The Benefits of Hiring a Massachusetts Personal Injury Lawyer

Handling a personal injury case is not easy at all. Yet, you are likely to be physically and emotionally suffering from the effects of the accident and do not know the next step to take. It might seem easy to hire a professional from your local area, but getting an experienced Massachusetts personal injury lawyer is really helpful.

Any professional lawyer has experience in your area of law, the expertise and tools that can help you protect your rights and make the representation of your claim effective. Here's how they can help:

• Gather evidence;
• Negotiate with insurers;
• Represent you in court if necessary.

Bottom Line

The laws of Massachusetts work to preserve the interests of the victims of negligence. But going through these laws yourself can be discouraging. As you heal and recuperate, you don't have to worry about your legal situation since your lawyer handled it. You should not delay - call a reputable lawyer as soon as possible.