Massachusetts Personal Injury
If you suffered personal injuries in an accident in Massachusetts and it was someone else's fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
Types of Personal Injury Cases in Massachusetts
Personal injury generally refers to mental and physical injuries to a person's body that are caused by someone else's negligence. These injuries may be minor or may be so severe as to cause the person's death. Personal injury does not include damage or destruction to your property (such as your car or house).
Personal injuries can occur in any number of ways, but causes often include:
- Automobile accidents in Massachusetts
- Motorcycle accidents in Massachusetts
- Boating accidents in or around Massachusetts
- Trucking accidents in Massachusetts
- Railroad accidents in or near Massachusetts
- Dog bites in Massachusetts
- Medical malpractice in Massachusetts
- Nursing home abuse in Massachusetts
- Sexual abuse in Massachusetts
- Slip-and-fall accidents in Massachusetts
How Is Fault Determined in Massachusetts Personal Injury Cases?
To collect money stemming from a personal injury claim, Massachusetts law requires you to prove another party was negligent. You must show:
- The party causing your injuries had a responsibility not to injure you and failed to live up to that responsibility
- There is a connection between the other party's responsibility and your injury
- You suffered damages, or a financial loss, as a result of your accident
Massachusetts law will reduce the total amount you can recover if it's found that your carelessness contributed to your injuries. If it is determined that you are at least 51 percent responsible for your accident, you cannot recover any money from the other party.
Whether you live in Cambridge, New Bedford, Fall River, Somerville, or elsewhere in Massachusetts, your Massachusetts personal injury attorney can help you understand your legal options and collect money from the party at fault in your accident.
Types of Massachusetts Personal Injury Compensation
If it's determined that another party's negligence was responsible for your injuries, they may be required to pay for:
- All medical bills for treatment related to your injuries
- Permanent disability and disfigurement stemming from the accident
- Emotional distress from the accident
- The repair or replacement of any property damaged or destroyed in your Massachusetts accident
- Lost wages for time off from work (including time spent going to doctor's appointments and physical therapy) as a result of your personal injury accident
- The cost of hiring someone to do household chores that you're unable to do because of your injury that occurred in Massachusetts
- Any other costs you've incurred because of the accident
If you were injured because of a crime committed by someone else, that person may be prosecuted under Massachusetts criminal laws. However, you may still have to file a personal injury lawsuit in Massachusetts courts to recover money to pay for your injuries.
How Long Do You Have to File a Personal Injury Claim in Massachusetts?
Massachusetts law gives you three years from the date of your personal injury to file a bodily injury claim against the party at fault. (This time limit is known as the statute of limitations.) If you and your Massachusetts personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out. If you do not file a lawsuit before the statute of limitations expires, then you give up your right to sue the party responsible for your injuries.
Where Do You File a Massachusetts Personal Injury Lawsuit?
For Massachusetts personal injury claims worth more than $2,000, you would file your lawsuit in the appropriate Massachusetts District Court.
If your Massachusetts personal injury accident claim is for less than $2,000, you would file your personal injury lawsuit in the Massachusetts Small Claims Court that has jurisdiction.
Your Massachusetts personal injury lawyer can tell you which specific court is the appropriate venue to resolve your dispute.