Personal injury law in Massachusetts can be complicated, and it’s often used to refer to a wide range of legal issues. Whether you’ve been involved in a car accident, slip and fall, or other types of personal injury, it’s important to understand the basics of Massachusetts personal injury law.
Table of Contents
The Statute of Limitations
One of the most important aspects of personal injury law is the statute of limitations. This is the time limit that you have to file your personal injury claim. In Massachusetts, the statute of limitations for personal injury cases is three years from the date of the injury.
It’s important to note that there are some exceptions to this rule. For example, if the injury was not immediately apparent, the statute of limitations may not begin to run until the injury was discovered. Additionally, if the injured party is a minor, the statute of limitations may be extended.
Negligence
Negligence is a key concept in personal injury law. It refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. In order to prove negligence, you must demonstrate that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused your injuries.
Comparative Fault
In Massachusetts, a plaintiff’s recovery in a personal injury case may be reduced by their degree of fault. This is known as comparative fault. For example, if you were injured in a car accident but were found to be 25% at fault, your damages would be reduced by 25%.
Damages
Damages refer to the compensation that you may be entitled to for your injuries. There are two types of damages in Massachusetts personal injury cases: economic and non-economic.
Economic damages include things like medical expenses, lost wages, and other financial losses. Non-economic damages refer to the physical and emotional pain and suffering that you’ve experienced as a result of your injuries.
Settlements vs. Trials
Many personal injury cases in Massachusetts are settled before they ever go to trial. Settlement negotiations can be complicated, and it’s important to work with a skilled personal injury attorney who can help you navigate the process.
If a settlement cannot be reached, the case may go to trial. During a trial, a judge or jury will decide whether the defendant is liable for your injuries and how much compensation you should receive.
Hiring a Personal Injury Attorney
If you’re considering filing a personal injury claim in Massachusetts, it’s important to work with an experienced personal injury attorney. Your attorney can help you navigate the legal system and advocate for your rights and interests.
When you’re choosing a personal injury attorney, look for someone with experience in your specific type of case, a track record of success, and a commitment to client service.
Conclusion
If you’ve been injured due to someone else’s negligence in Massachusetts, you have legal rights and options. Understanding the basics of Massachusetts personal injury law can help you protect those rights and make informed decisions about your case. Work with an experienced personal injury attorney for the best chance of success.