If you’ve been injured in an accident in Massachusetts, you may have legal rights to compensation for your injuries and losses. However, understanding Massachusetts personal injury laws can be overwhelming, especially if you’re not familiar with legal terms and processes. In this guide, we’ll walk you through everything you need to know to pursue a personal injury case in Massachusetts.
Table of Contents
What is Personal Injury?
Personal injury is a legal term that refers to an injury sustained by an individual as a result of someone else’s negligence or intentional wrongdoing. It can occur in a variety of ways, including car accidents, slip and falls, medical malpractice, and workplace accidents.
Statute of Limitations
The statute of limitations is the time limit within which a personal injury case must be filed. In Massachusetts, the statute of limitations for personal injury cases is generally three years from the date of the accident or injury. However, some exceptions may apply, such as cases involving government entities, minors, and medical malpractice.
Comparative Negligence
Massachusetts follows a comparative negligence system for personal injury cases. This means that if both the plaintiff and defendant are found to be at fault for the accident, the plaintiff’s compensation will be reduced based on their percentage of fault. For instance, if the plaintiff is found to be 20% at fault and the defendant is 80% at fault, the plaintiff’s compensation will be reduced by 20%.
Damages
Damages refer to the compensation you may receive for your losses and expenses incurred as a result of the accident. Damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium (for spouses and family members)
Types of Personal Injury Cases
There are several types of personal injury cases in Massachusetts, including:
Car Accidents
If you’ve been injured in a car accident, you may be able to pursue compensation through the at-fault driver’s insurance company or your own insurance policy (if you have uninsured/underinsured motorist coverage).
Slip and Falls
Slip and fall accidents often occur on someone else’s property (such as a store or restaurant) due to hazardous conditions, such as wet floors or uneven surfaces. If the property owner was aware or should have been aware of the hazardous condition and failed to correct it, they may be liable for your injuries.
Medical Malpractice
Medical malpractice occurs when a healthcare professional (such as a doctor, nurse, or dentist) fails to provide an acceptable standard of care, resulting in injury or death. Massachusetts has a strict set of guidelines for filing medical malpractice claims, so it’s important to consult with an experienced attorney.
Product Liability
Product liability refers to injuries caused by defective or dangerous products. Manufacturers and sellers have a legal duty to ensure their products are safe for use, and may be held liable for injuries caused by their products.
Hiring a Personal Injury Lawyer
If you’ve been injured in an accident, it’s important to hire an experienced personal injury lawyer to ensure your legal rights are protected. A personal injury lawyer can advise you on your legal options, negotiate with insurance companies, and represent you in court if necessary.
Conclusion
Personal injury cases can be complex, but by understanding the basics of Massachusetts personal injury laws, you can protect your legal rights and pursue the compensation you deserve for your injuries and losses. If you’ve been injured in an accident, contact a personal injury lawyer to discuss your case and legal options.