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Personal Injury
1. Write down everything you can remember about how the injury occurred,
including the names, addresses and phone numbers of potential witnesses, police
officers, insurance company representatives (or company or workers'
compensation representatives if it was a work injury)
2. Talk to a Massachusetts personal injury lawyer before making any statements,
written or verbal, to insurance company adjusters or representatives.
3. Let anyone you think may be responsible for the injury know right away that
you are intending to file a claim against them.
4. Take steps to protect any evidence you may need to prove your injury, such
as your totaled car, photographs of an accident or injury scene, clothing you
were wearing, damaged personal belongings, and so forth
How Do I Figure Out Who Is At Fault?
In most cases, in order to collect on an injury claim in Massachusetts, you must
prove the person who caused the injury was "negligent" – they did not exercise
reasonable care. In Massachusetts, you must prove:
- The existence of a duty owed to you by the person who caused your injury
- The other person failed to carry out the duty that they owed you
- You suffered damages
- The other person's failure caused you to have the injury
Massachusetts "comparative negligence" law allows you to recover against
another person, even if you were also negligent, as long as the other person was
more negligent than you. The amount of your recovery will be reduced by a
percentage of the amount you were found to be at fault for your own injury. If
more than one person was negligent towards you, they are each proportionally
responsible to you for their share of the damage that they caused.
If you have been injured using a consumer product, the manufacturer or the
seller of the product may be responsible under a "products liability" legal theory
if the product was not reasonably safe for use by you. Under Massachusetts law,
you would need to prove that:
- The product had some sort of defect or it did not have adequate warnings
- The defect or lack of warnings caused your injury
- You suffered damages
What Is My Claim Worth?
Under Massachusetts law, the person who injured you is responsible for:
- Past, current and future estimated medical expenses
- Time lost from work, including time spent going to medical appointments or
therapy.
- Any property that was damaged, such as your vehicle
- The cost of hiring someone to do household chores when you could not do
them
- Any permanent disfigurement or disability
- Your emotional distress, including anxiety, depression, fright, shock, and any
interference with your family relationships
- Physical pain and suffering
- Change in future earning ability due to the injury that you suffered
- Any other costs that were a direct result of your injury
A lawyer will know what type of expert witness to hire to best prove your
damages.
How Long Do I Have To File A Legal Claim?
In Massachusetts, you generally only have three years to file a lawsuit against the
person who injured you. If your lawyer has not been able to come to an
agreement with any involved insurance companies, you will definitely want to
file a lawsuit before the three-year statute of limitations runs out.
CONTACT OUR OFFICE FOR YOUR FREE CONSULATION
1. Write down everything you can remember about how the injury occurred,
including the names, addresses and phone numbers of potential witnesses, police
officers, insurance company representatives (or company or workers'
compensation representatives if it was a work injury)
2. Talk to a Massachusetts personal injury lawyer before making any statements,
written or verbal, to insurance company adjusters or representatives.
3. Let anyone you think may be responsible for the injury know right away that
you are intending to file a claim against them.
4. Take steps to protect any evidence you may need to prove your injury, such
as your totaled car, photographs of an accident or injury scene, clothing you
were wearing, damaged personal belongings, and so forth
How Do I Figure Out Who Is At Fault?
In most cases, in order to collect on an injury claim in Massachusetts, you must
prove the person who caused the injury was "negligent" – they did not exercise
reasonable care. In Massachusetts, you must prove:
- The existence of a duty owed to you by the person who caused your injury
- The other person failed to carry out the duty that they owed you
- You suffered damages
- The other person's failure caused you to have the injury
Massachusetts "comparative negligence" law allows you to recover against
another person, even if you were also negligent, as long as the other person was
more negligent than you. The amount of your recovery will be reduced by a
percentage of the amount you were found to be at fault for your own injury. If
more than one person was negligent towards you, they are each proportionally
responsible to you for their share of the damage that they caused.
If you have been injured using a consumer product, the manufacturer or the
seller of the product may be responsible under a "products liability" legal theory
if the product was not reasonably safe for use by you. Under Massachusetts law,
you would need to prove that:
- The product had some sort of defect or it did not have adequate warnings
- The defect or lack of warnings caused your injury
- You suffered damages
What Is My Claim Worth?
Under Massachusetts law, the person who injured you is responsible for:
- Past, current and future estimated medical expenses
- Time lost from work, including time spent going to medical appointments or
therapy.
- Any property that was damaged, such as your vehicle
- The cost of hiring someone to do household chores when you could not do
them
- Any permanent disfigurement or disability
- Your emotional distress, including anxiety, depression, fright, shock, and any
interference with your family relationships
- Physical pain and suffering
- Change in future earning ability due to the injury that you suffered
- Any other costs that were a direct result of your injury
A lawyer will know what type of expert witness to hire to best prove your
damages.
How Long Do I Have To File A Legal Claim?
In Massachusetts, you generally only have three years to file a lawsuit against the
person who injured you. If your lawyer has not been able to come to an
agreement with any involved insurance companies, you will definitely want to
file a lawsuit before the three-year statute of limitations runs out.
CONTACT OUR OFFICE FOR YOUR FREE CONSULATION
| SMITH & JANIAN, LLC Attorneys at Law 820 Turnpike Street, Suite 106 North Andover, Massachusetts 01845 Phone: 978-682-1700 Fax: 978-682-1744 Admitted in Massachusetts and New Hampshire |
Copyright © 2006 Smith & Janian, LLC, Attorneys at Law. All rights reserved. The information contained in this website is solely for informational purposes,
does not create an attorney-client relationship, and should not be construed as legal opinion on any specific facts or circumstances. This information may be
considered advertising under the Rules of the Supreme Judicial Court of Massachusetts.
does not create an attorney-client relationship, and should not be construed as legal opinion on any specific facts or circumstances. This information may be
considered advertising under the Rules of the Supreme Judicial Court of Massachusetts.