Personal injuries can be life-altering events that cause significant physical, emotional, and financial distress. In Massachusetts, individuals who have been injured due to the negligence of others have the right to pursue compensation for their injuries through a personal injury claim. In this article, we will discuss the process of pursuing a personal injury claim in Massachusetts and how a lawyer can help.
The first step in pursuing a personal injury claim in Massachusetts is to establish negligence on the part of the defendant. Negligence refers to a failure to exercise reasonable care that results in injury or harm to another person. In order to establish negligence, the plaintiff must prove the following elements:
- The defendant had a duty of care to the plaintiff
- The defendant breached that duty of care
- The breach of duty caused the plaintiff’s injuries
- The plaintiff suffered damages as a result of the injuries
Common examples of negligence in personal injury cases include car accidents caused by distracted driving, slip, and fall accidents caused by unsafe premises, and medical malpractice caused by a failure to provide appropriate care.
Statute of Limitations
In Massachusetts, individuals who wish to pursue a personal injury claim must do so within a certain period of time, known as the statute of limitations. The statute of limitations for personal injury claims in Massachusetts is generally three years from the date of the injury. It is important for individuals who have been injured to act quickly to ensure that they meet the deadline for filing a claim.
If the plaintiff is successful in establishing negligence on the part of the defendant, they may be entitled to damages for their injuries. Damages can include compensation for medical expenses, lost wages, pain and suffering, and other costs associated with the injury. The amount of damages awarded in a personal injury case can vary widely depending on the severity of the injury and other factors.
How a Lawyer Can Help
Navigating the process of pursuing a personal injury claim in Massachusetts can be challenging, especially for individuals who are dealing with the physical and emotional aftermath of an injury. A lawyer can provide valuable guidance and support to individuals who have been injured, including:
- Investigating the circumstances surrounding the injury to establish negligence on the part of the defendant
- Gathering evidence, such as medical records and witness statements, to support the claim for damages
- Calculating the number of damages to which the plaintiff may be entitled
- Negotiating with insurance companies and defense attorneys to reach a fair settlement
- Representing the plaintiff in court, if necessary, to ensure that their rights are protected
By working with a lawyer, individuals who have been injured can increase their chances of receiving fair compensation for their injuries and moving forward with their lives.
If you have been injured due to the negligence of another person or entity in Massachusetts, it is important to understand your legal rights and options. Pursuing a personal injury claim can be a complex process, but with the help of a skilled and experienced lawyer, you can navigate the process and protect your legal rights. A lawyer can provide valuable guidance, support, and representation throughout the process, helping you achieve the best possible outcome for your case.
Get in touch with an attorney today at the Neumann Law Group for help with your case
Reach them at:
800 Boylston St 16th Floor
Boston, MA 02199
Phone: (617) 918-7790
Fax: (231) 221-0051