Massachusetts Personal Injury Claims: What You Need to Know

When you are injured in an accident, the pain and stress of dealing with your injury can be overwhelming. But you do not have to go it alone. A personal injury attorney can help you receive compensation for medical bills, lost wages, and pain and suffering.

What is a personal injury claim?

A personal injury claim alleges that your injury was caused by the negligence of another. Most personal injury claims are the result of car accidents, work related accidents, slip and falls, dog attacks, and defective products.

What do I need to do?

If you would like to pursue a personal injury claim, it is highly recommended that you consult an attorney promptly. An attorney will be well-versed in state law and will research all the pertinent facts of your case. When you are injured it can be difficult to keep track of the details and the process, and having an attorney will ease your mind. Note: In Massachusetts you have 3 years from the date of the injury to file a personal injury lawsuit in Court. If you do not file within this time, you will lose your right to do so at any time in the future.

How is my personal injury claim decided?

Your attorney must prove the following: duty, negligence, proximate cause, and damages. This means they must use evidence to show that the defendant was obligated to maintain a certain level of conduct towards you (duty), that they failed to maintain that level (negligence), that your injuries were a direct result of that breach of duty (proximate cause), and that you suffered an injury (damages). Massachusetts has a comparative negligence law, which means that the defendant can allege that you were also negligent, and that your negligence caused or contributed to your injuries. An attorney can help you fight that allegation.

What can I hope to gain?

There are many factors which affect how much compensation you receive. First, your attorney will consider any measurable costs you incurred as a result of your injury, such as medical bills and lost wages. They will also take into account less concrete aspects of the injury, such as pain and suffering. Another factor is the lifetime detrimental effects of the injuries. For example, if you are an avid tennis player and your injury will prevent you from ever playing again, your attorney will seek compensation for that loss.

While no one hopes to be injured, if you do suffer an accident the most important thing is to seek help promptly. A personal injury attorney will fight for your best interests to ensure you get the compensation you deserve.