Personal injury is described as an injury to your body, mind, or emotions and can cover all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or medical injury contact a personal injury & medical malpractice attorney for advice and guidance through complicated personal injury laws. Consider the following:
Statute of Limitations
Massachusetts sets a time limit for an individual to file a personal injury lawsuit which usually begins from the date of injury. Although there a few rare cases where the three years don’t apply, such as injuries to minors, the injured individual must always keep the three-year limit in mind and seek legal advice as soon as possible.
Comparative Negligence
If an individual has an accident and is found partly responsible, that person may be entitled to partial compensation and reduced damages.
Car Accidents
Even though Massachusetts is a no-fault state, which means that if involved in an accident an individual typically will have their accident related medical expenses covered by the auto insurance for car in which they were in, a claim for pain and suffering, and other damages can often be brought against the at fault operator. If an individual has more than $2,000 in medical expenses, or has suffered a loss of vision or hearing, a broken bone, or scarring, then they may be entitled to make a claim against the at fault party.
What remains clear is that even within the personal injury and medical malpractice system, there are many areas which are best handled by a professional. Do not wade through all this on your own. A professional in this field will do the investigative work for you, obtain needed records, file claims, and work with you and the current laws to obtain the best possible outcome. If you or a loved one has suffered a personal injury, please contact my office to discuss your rights and potential compensation.
