Getting involved in an accident can be a major inconvenience and could result in devastating injuries. If you are a resident or visitor in Massachusetts, it is crucial to know what to do when you get injured in any type of accident. In this article, we will discuss whether you have a claim in a Massachusetts personal injury case.
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Understanding Personal Injury Claims
A personal injury claim is a legal dispute that arises when you are involved in an accident caused by the negligence of another person. In most cases, personal injury claims in Massachusetts involve accidents such as car crashes, slip and fall accidents, medical malpractice, and product liability cases.
The primary goal of a personal injury claim is to compensate the injured party for their losses. A majority of personal injury claims involve compensatory damages, which seeks to restore the injured person to where they were before the accident occurred. This can include medical expenses, lost wages, and pain and suffering, among others.
Determining Fault in Massachusetts Personal Injury Cases
One of the critical elements of a personal injury case in Massachusetts is determining fault. Massachusetts operates under a modified comparative negligence system, which means that the percentage of fault an injured person has in an accident reduces the amount of damages that can be recovered. For instance, if you are found to be 30% at fault for a car accident, the maximum compensation you can get is 70% of the total damages.
It is crucial to mention that in Massachusetts, if an injured person is more than 51% at fault, they cannot recover any damages. Given these complexities, it is essential to have an experienced personal injury attorney guide you through the process and advocate for your rights.
Do You Have a Claim?
The short answer to whether you have a claim in a Massachusetts personal injury case is that it depends on the specific circumstances surrounding the accident. You must prove that the negligent party had a duty to act with reasonable care and that they breached that duty, which resulted in the injuries you sustained. Moreover, you need to prove that your injuries resulted in damages that you deserve compensation for.
Common Types of Accidents and Injuries
Motor Vehicle Accidents
Car accidents are among the most common types of personal injury claims in Massachusetts. A majority of car accidents are caused by driver negligence such as speeding, distracted driving, and drunk driving. If you are injured in a car accident, you can file a personal injury claim to recover damages such as medical expenses and lost wages.
Slip and Fall Accidents
Slip and fall accidents can happen anywhere, from supermarkets to office buildings. In Massachusetts, property owners are expected to maintain their premises in a reasonably safe condition. If you suffer injuries due to a property owner’s negligence in maintaining their property, you may have a personal injury claim.
Medical Malpractice
Medical malpractice refers to injuries caused by medical professionals’ negligence while providing medical care to a patient. Massachusetts has specific procedures and standards of care that healthcare providers must follow. If a healthcare provider deviates from these standards, resulting in injuries to a patient, the patient may have a medical malpractice claim.
Product Liability
Product liability claims involve injuries people sustain from using faulty products. Massachusetts law requires designers, manufacturers, and sellers of products to ensure they are safe for use. If a product causes injuries, the injured party may have a product liability claim.
Getting Help with a Personal Injury Case in Massachusetts
If you or your loved one has suffered injuries due to someone else’s negligence, you should consider hiring an experienced personal injury attorney. A lawyer will help you navigate the complex process and increase your chances of receiving fair compensation for your injuries and damages.
In Massachusetts, personal injury claims must be filed within three years from the date of the accident. If you fail to file a claim within this period, you may lose your right to recover damages. Therefore, it is essential to act quickly and speak to an attorney as soon as possible after an accident.
In conclusion, if you are involved in an accident due to someone else’s action or inaction, you may have a claim for damages. Contact an experienced personal injury attorney in Massachusetts to help you determine your legal options and secure your rights.