Getting hurt in a car accident or due to someone else's negligence is tough. Knowing how to file a personal injury claim is crucial at this point. From the start of filing a complaint to reaching an agreement, having a good personal injury attorney can speed up this complex process and prevent mistakes that might hurt your case. In this article, our attorneys at Altman Nussbaum Shunnarah will help you understand personal injury law in Massachusetts, explaining the important things you need to know to make your claim successful.
What Kind of Injuries Can You Sue for in Massachusetts?
In Massachusetts, you have the right to sue for various injuries caused by another person in various situations. The ability to pursue legal action depends on the nature of the accident that led to your injury. Whether it is a case of negligence, strict liability, or an intentional act, Massachusetts law provides avenues for seeking compensation for the following types of injuries:
- Negligence cases: If your injury results from someone failing to act reasonably, you may have a negligence case. Common examples include car accidents caused by reckless driving, slip and fall incidents due to neglected property maintenance, or injuries from a medical professional's negligence.
- Strict liability cases: Massachusetts law recognizes strict liability in cases involving defective products. If you suffer harm due to a faulty product, you may not need to prove negligence. The focus is on the product's defect and its role in causing your injury.
- Intentional acts: In some situations, injuries result from intentional actions. If someone deliberately causes harm, you may be entitled to compensation. This can include cases of assault, battery, or other intentional misconduct leading to physical or emotional injuries.
Lawsuits Based on Negligence
Negligence is one of the most common grounds for a personal injury claim in Massachusetts. These claims come into play when someone has a "duty of care," such as the obligation to drive responsibly and adhere to traffic laws, and then fails in that duty, like by speeding excessively.
Injuries resulting from negligence are typically accidents that could have been avoided if the responsible party had acted more responsibly. For instance, you slip and fall at a grocery store in a shopping mall due to water on the floor. If the store employees knew of the spill but didn't take steps to clean it up or put caution signs, you might have a case for negligence. In this situation, your injury could have been prevented if they had acted responsibly in line with a reasonable duty of care.
It is important to note that medical malpractice also falls under negligence law in Massachusetts. If a healthcare professional fails to provide a standard level of care, resulting in harm to the patient, it could be grounds for a negligence-based personal injury claim. Understanding these guidelines is crucial when evaluating whether your case qualifies for a personal injury claim in Massachusetts. Contact skilled and professional attorneys at Altman Nussbaum Shunnarah for any clarification you might need.
Rules for Personal Injury Lawsuits in Massachusetts
Massachusetts operates under a legal framework known as "modified comparative negligence." In simple terms, this means that if the court determines you contributed in some way to the circumstances of your injury, your potential compensation might be reduced. For instance, if you were texting and driving through a green light and got hit by a car running a red light in Boston, the court will assess the degree to which you were at fault and adjust damages accordingly.
Let's say the court deems your texting contributed 10% to the accident, you would then be eligible to recover 90% of the compensation you seek. However, it is crucial to understand the limits in Massachusetts. If the court finds you to be 51% or more "at fault," you may likely not receive any monetary award, with only a few exceptions.
Statute of Limitations for Personal Injury Cases in Massachusetts
In Massachusetts, the statute of limitations for personal injury cases is generally three years from the date of the injury. This means that individuals have a three-year window from the date of the incident to file a lawsuit seeking compensation for personal injuries. It's crucial to be aware of and adhere to this time limit, as cases filed after the statute of limitations has expired are likely to be dismissed.
Get in Touch With Us at Altman Nussbaum Shunnarah
Ready to pursue your personal injury claim in Massachusetts? Our attorneys at Altman Nussbaum Shunnarah are here to help. Don't wait, the sooner you get legal assistance the better your case will be. Get in touch with us today to schedule a consultation and take the first step toward justice.