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Massachusetts Personal Injury Lawyer
Massachusetts Personal Injury Lawyer
Personal injury cases in Massachusetts encompass a wide array of legal matters that arise when individuals suffer harm due to the negligence or intentional actions of others. From car accidents to bicycle accidents, slips and falls to medical malpractice, personal injury cases aim to compensate victims for their injuries, without limitation, medical expenses, lost wages, and pain and suffering. Personal injury laws can be confusing and complex, so it is important to speak to an attorney when you want to file a claim to ensure you receive the compensation you deserve.
At Rightful Legal, Tracy Paulsen and our team of Massachusetts personal injury attorneys, will help you understand the intricacies of your personal injury case. We are committed to our clients and will investigate, negotiate, and – if necessary – litigate your case to ensure the best possible outcome. We will keep you informed and engaged throughout the process, mitigating any unnecessary stress or delays. Contact us immediately at 617-821-5856 to schedule a free consultation and to get targeted advice and a detailed strategy concerning your legal options to maximize your recovery.
Personal Injury Cases in Massachusetts
Personal injury cases involve a plaintiff and a defendant, at a minimum. There can be more than one plaintiff and more than one defendant. The plaintiff is the party that has been injured while the defendant is the party accused of causing the injury. The defendant can be a person or an entity, like a business, organization, or public agency.
Legal Theories
The plaintiff must satisfy all the elements of their case in order to be successful. Below are some common legal theories employed in Massachusetts personal injury cases.
- Negligence. This is the most common and widely used legal theory. Negligence requires proving that the defendant owed a duty of care, breached that duty that resulted in an injury, and caused harm as a result. There are two basic types of negligence: Comparative and contributory. Comparative negligence laws apportion damages based on each party’s degree of fault. Contributory negligence, less common, may bar recovery if the plaintiff is found to have contributed to the accident.
Massachusetts is modified comparative negligence state, meaning as long as the plaintiff is less than 51% at fault, they may receive some compensation for their injuries. Typically, the amount of the plaintiff’s damages is reduced by their degree of fault. - Strict Liability. This theory is used most often with defective products and theories to warn. Under strict liability, a defendant can be held responsible for injuries regardless of whether negligence occurred.
Massachusetts also employs a theory of strict liability to dog bite cases. - Vicarious Liability. This theory states that individuals or organizations can be held accountable for the actions of others. Usually, it is applicable to those who have authority over others, such as employers or supervisors, and their actions lead to harm or injury to other people.
- Intentional Torts. Intentional torts refer to legal cases where the defendant deliberately caused harm to the plaintiff. Unlike cases involving negligence, intentional torts do not require proof of negligence as an element.
Burden of Proof
In a legal case, the plaintiff has the responsibility to prove their case. They must show that the defendant is liable for their injuries by providing evidence that it is more likely than not that the defendant’s actions caused the harm. If the plaintiff is also seeking punitive damages, they must provide clear and convincing evidence. This standard is less strict than the standard used in criminal cases but more rigorous than the civil court’s preponderance of the evidence standard.
If you are involved in a personal injury case in Massachusetts, our Massachusetts personal injury lawyers can guide you on the legal theory to be used in your case and what you need to prove to establish your claim.
Common Types of Personal Injury Cases in Massachusetts
Personal injury cases involve a wide range of accidents and incidents. Some of the most common are listed below.
- Motor Vehicle Accidents: These cases involve injuries resulting from car, truck, motorcycle, or other vehicle accidents. People can file claims against drivers who were negligent, manufacturers of faulty car parts, or government entities responsible for road maintenance.
- Premises Liability: These cases arise when people are hurt due to unsafe conditions on someone’s property, such as slip and fall accidents, inadequate security leading to assault, or dog bites. People can file claims against homeowners, property managers, or property owners.
- Product Liability: These cases involve injuries caused by defective or dangerous products. People can file claims against manufacturers, distributors, or sellers who are responsible for design defects, manufacturing defects, or inadequate warnings.
- Medical Malpractice: These claims arise when healthcare professionals don’t meet the standard of care, resulting in injuries, misdiagnosis, delayed diagnosis, medication mistakes, surgical errors, or birth injuries.
- Workplace Accidents: These cases involve injuries or illnesses sustained in the workplace due to unsafe conditions, inadequate training, or employer negligence. People can file for workers’ compensation. Speaking to an attorney is the best way to ensure that you file a timely and proper claim.
- Wrongful Death: These claims arise when a person dies due to the negligence or intentional actions of another party. Family members can seek compensation for the loss of financial support, companionship, and funeral expenses.
- Nursing Home Negligence: These cases involve harm caused by negligence, abuse, or neglect in nursing homes, resulting in injuries to elderly residents.
The Most Common Types of Injuries in Personal Injury Lawsuits
Personal injury cases encompass a wide range of injuries resulting from various circumstances. Here are some of the most common types of injuries that often correlate with personal injury cases.
Motor Vehicle Accidents
- Minor cuts and bruises
- Fractures
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Whiplash
- Internal organ damage
- Catastrophic injuries, like paralysis or amputations
- Death
Slip and Fall Accidents (Premises Liability)
- Sprains
- Fractures
- Head injuries
- Soft tissue injuries
Dog Bites or Attacks (Premises Liability)
- Head injuries
- Minor to severe wounds
- Infection
- Emotional trauma
Medical Malpractice
- Chronic pain
- Cerebral palsy
- Damage to nerves or organs
- Spinal cord injuries
- Death
Product Liability
- Minor to severe irritation
- Burns
- Choking
- Electrocution
- Head injuries
- Organ damage
Assault and Battery
- Cuts
- Bruises
- Fractures
- Emotional distress
Workplace Injuries
- Minor strains
- Burns
- Electrocution
- Internal organ damage
- Amputations
- Occupational diseases
Defamation
- Reputational damage
- Emotional distress
Each personal injury case is unique, and the types and severity of injuries will vary. Our personal injury lawyers at Rightful Legal will help you understand your rights, assess liability, and pursue appropriate compensation based on the specific circumstances of your case. Contact us today at 617-821-5856 for a free initial consultation.
Damages in Personal Injury Lawsuits
The type of injury you sustain is directly related to the type of remedy you seek. In personal injury lawsuits, remedies refer to the relief or compensation awarded to the injured party as a result of their successful claim against the at-fault or liable party.
The following types of remedies may be available in a Massachusetts personal injury case and depend upon the specific circumstances of the case.
Compensatory Damages
Compensatory damages are the most common form of remedy in personal injury cases. They aim to compensate the injured party for the losses they have suffered as a result of the accident or injury. Compensatory damages can be further divided into two categories:
- Economic damages, which are awarded to reimburse the plaintiff for quantifiable financial losses, incurred due to an injury, such as medical expenses, lost earnings, property damage, and funeral and burial expenses in wrongful death cases, and
- Non-economic damages, on the other hand, compensate the plaintiff for subjective losses that are not easily quantifiable, such as pain, suffering, emotional distress, and a reduced quality of life. including loss of consortium.
Punitive Damages
Punitive damages are designed to punish the defendant for particularly egregious conduct and deter others from engaging in similar behavior. However, in Massachusetts, these damages are typically limited to cases of willful, wanton, or reckless behavior.
Wrongful Death Damages
In Wrongful death cases, surviving family members may seek compensation for funeral and burial expenses, loss of financial support, loss of companionship, and grief and suffering.
Comparative Negligence
Massachusetts follows a modified comparative negligence system, which means that if the injured party is found partially at fault for the accident, their damages may be reduced in proportion to their degree of fault. However, if they are deemed more than 50% responsible for the accident, they may not recover any damages.
Damages Explained by a Massachusetts Personal Injury Attorney
Overall, it’s vital to have a thorough understanding of the damages available in personal injury cases to ensure that one receives fair compensation for their injuries and losses. Therefore, consulting with an experienced Massachusetts personal injury attorney is highly recommended to navigate the complexities of damages allowed under Massachusetts law and maximize the compensation one may be entitled to. Contact Rightful Legal today at 617-821-5856.
General Process in Massachusetts to File a Personal Injury Claim
If you are looking to file a personal injury claim in Massachusetts, having a general idea of the process is essential. Whether you are filing a claim or responding to one, always speak to a personal injury attorney to ensure you are doing it correctly.
- Initial investigation and evidence-gathering. This step of the process includes investigating the facts and circumstances, reviewing medical records, interviewing witnesses, and assessing the extent of the damages.
- Negotiation and settlement. In many cases, your attorney will attempt to negotiate a fair settlement with the insurance company or the responsible party’s attorney. If an acceptable settlement offer is reached the case can be resolved without ever going to court.
- Filing a lawsuit. If an acceptable settlement cannot be reached, the attorney may file a lawsuit in the appropriate court.
- Discovery. The discovery phase involves exchanging information, gathering evidence, taking depositions, and interrogating witnesses to build a viable case.
- Additional settlement negotiation. Settlement negotiations may continue and happen at any time before trial, thereby leading to a resolution prior to trial.
- Trial. If the case proceeds to trial, both parties present their arguments, evidence, and witnesses before a judge or jury. The court then decides on liability and the amount of damages.
- Appeal. Either party may choose to appeal the court’s decision if they believe there was a legal error or if the judgment was unjust.
Most personal injury cases don’t go to trial. If you can agree on a settlement, you won’t need to go to court at all. And even if you do go to court, the losing side may not want to appeal. Every case is different, so the process may be a bit different for you.
Why Choose Rightful Legal to Represent You in Massachusetts
Suffering a personal injury can greatly impact one’s life and alter it in many ways, bringing physical, emotional, and financial challenges. In the aftermath, navigating the legal complexities to secure compensation may seem daunting. This is where our personal injury attorneys become your ally, dedicated to ensuring the success of your case.
At Rightful Legal, our clients choose us because we are committed and knowledgeable. Our commitment and know-how materialize in the following ways:
- Legal expertise, which enables us to assess your unique situation and build a robust legal strategy
- Thorough investigation to build a strong foundation and to increase the likelihood of a favorable outcome
- Advocacy and negotiation skills to maximize compensation for injuries, damages, and losses
- Legal representation in court where we offer a strong voice when presenting compelling arguments, cross-examining witnesses, and navigating the legal process
- Objective guidance to help our clients make informed decisions and alleviate the stress associated with pursuing a claim
In the aftermath of a personal injury, having a knowledgeable and compassionate personal injury attorney on your side can make all the difference. If you’ve suffered an injury caused by another’s negligence, don’t face the challenges alone — consult with Tracy Paulsen and her team of passionate advocates.
Contact a Personal Injury Attorney in Norfolk County Today
Whether it is to file a claim or defend against allegations, our personal injury lawyers in Massachusetts will provide expert guidance and representation. Contact Rightful Legal today by telling us about your personal injury case via our online form or call us today at 617-821-5856. We will schedule an initial free consultation to discuss your case and get you the compensation you deserve.
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