A personal injury claim is a claim you may have against a person, business or other entity that negligently caused you injury. When that happens, the responsible party may owe you compensation for your injuries. Usually, the claim is managed and paid by the responsible party’s insurance company.
The most common type of personal injury claim in Massachusetts is a car accident or other motor vehicle accident claim. Another common type of claim involves injuries, such as slip and fall injuries, that happen on someone else’s property.
Whether or not you have a personal injury case will largely depend on two factors:
There may be other factors, such as whether the responsible party has immunity, whether you are within the legal time limit for filing a case, and whether you were partly responsible for the accident. The best source of information about whether you may have a claim and what types of damages you may be entitled to is an experienced Massachusetts personal injury lawyer.
A personal injury lawsuit is a civil case filed in court to recover damages after an injury that was someone else’s fault. A personal injury case can be complicated, involving technical procedural requirements, complex evidence, and sometimes a need for expert witnesses.
It’s not always necessary to file a personal injury lawsuit to recover damages after an injury. Your personal injury attorney will typically start by negotiating with the responsible party’s insurance carrier to see if they can reach a fair settlement. Once the case is filed, there is still time to negotiate as the attorneys work through the discovery process and various types of filings in the case. Only a small percentage of personal injury cases go to trial.
Most personal injury claims are based on negligence. In legal terms, that means that:
It is the injured party’s responsibility to prove each of these elements by a preponderance of the evidence.
In a personal injury case based on negligence, the injured person and their attorney must prove each element by a preponderance of the evidence–in simple terms, prove that it is more likely than not.
The elements are:
A personal injury lawyer helps people who have been injured pursue fair compensation. That includes services such as:
The statute of limitations for personal injury cases differs from state to state. In Massachusetts, the statute of limitations for most personal injury cases is three years. However, you should speak with a local personal injury lawyer as soon as possible to make sure you understand the timelines. There are certain circumstances when the deadline may be sooner or later, such as when the defendant is a governmental entity or when the injured person is a child.
In Massachusetts, you generally have three years to file a personal injury lawsuit. The deadline is different in different states, typically ranging from one year to four years.
In most situations, it is in your best interest to move much more quickly. A delay in filing means a delay in settling or trying your case, which means a delay in receiving compensation. Your personal injury attorney will also have a better opportunity to build a strong case shortly after the injury, when witness memories are clear and physical evidence is still available.
Almost any type of accident that was caused by someone else’s negligence can lead to a personal injury claim. Car accidents and other motor vehicle accidents such as truck accidents and motorcycle accidents are the most common. Slip and fall accidents are also common.
Personal injury lawyers often also help with claims that don’t technically fall within the personal injury classification, but involve injury and death caused by someone else’s negligence. Some examples include medical malpractice claims, nursing home negligence claims and wrongful death cases.
A duty of care is a responsibility to someone else to exercise the appropriate amount of care to avoid injuring them or damaging their property. In most injury cases, the standard is reasonable care. However, in certain types of cases the duty may be more stringent, or may be spelled out more specifically. For example, the duty of care a Massachusetts landowner owes to someone who is legally on their property differs from their duty to a trespasser.
Your first concern after a car accident should be your own safety and that of others involved in the crash. Assess your medical condition and move to a safer location if necessary. If you are able, check to see whether anyone else is injured and in need of help.
Next, call 911. You are legally required to report most car accidents to the police, and dialing 911 is an efficient way to do that and request medical assistance at the same time. Then, exchange insurance information with any other drivers.
If you are well enough to do so safely, you should also take photos or video of the accident scene and collect contact information from any witnesses.
After a slip and fall injury or any type of injury, the first thing you should do is assess yourself and determine whether you need medical attention. If necessary, call for an ambulance or ask someone else to make the call.
If you’ve fallen on someone else’s property, you should notify them right away–but don’t get into too much detail. If you’re able, you should also take pictures of any conditions that caused or contributed to your fall, like a broken stair or debris on a walkway. You should also collect contact information from any witnesses.
If you’ve been in a car accident that was someone else’s fault, you’ll need to file a claim with the other driver’s insurance carrier. Unfortunately, insurance companies don’t always play fair, and talking to them can be risky. If you’ve been seriously injured or don’t yet know how serious your injuries are, you should speak to a local car accident lawyer before you take any action. If you retain a lawyer, the lawyer can take over all interactions with the insurance company to help protect your claim.
You should be extremely cautious about signing anything from the insurance company. An insurance company makes money by taking in premiums and then minimizing payouts. Soon after an injury, the insurance company representative may seem eager to help you and mention that they want to get a check out to you as soon as possible. Often, that really means that they want to get you to sign away your rights before you find out the full extent of your damages. It’s best to consult an attorney before signing anything, especially if you were seriously injured or haven’t yet fully recovered.
You can start gathering evidence for your personal injury case immediately after your accident, by taking photos or video of the scene and asking witnesses for contact information. If you were injured in a car accident, you should also obtain a copy of the police report. And, you’ll want to keep all of your medical records and bills in a well-organized manner.
Your personal injury attorney will do most of the evidence gathering, though. That’s one reason it’s important to connect with an attorney as early as possible
At the scene of an accident, it’s a good idea to answer questions from emergency medical personnel and let them check you out if they think it’s a good idea. You don’t necessarily have to go to the emergency room or your doctor’s office if you aren’t having any symptoms at all. But it’s important not to take what may seem like minor symptoms too lightly.
Sometimes, people who have been in a car accident or fallen or in some other sort of accident shrug off aches and pains, headaches and other seemingly minor symptoms as “normal” after that type of event. Sometimes, those relatively minor aches, pains and other symptoms are the early signals of something serious. If you’re in doubt at all, you should seek medical attention rather than waiting to see if your symptoms resolve on their own.
Medical records play a critical role in a personal injury case, for several reasons. First, you’ll have to establish the nature and extent of your injuries, the care that was required, and any ongoing care you might need. You may also need to produce your previous medical records to show that your injuries and symptoms were new after the accident.
Expert witnesses may review your medical records to form opinions about the long-term effects of the accident on your day-to-day life and ability to earn a living. And, the records of your post-accident medical care can help dispel any claims by the insurance company that you failed to follow your doctor’s orders or otherwise do your part to ensure the fullest recovery possible.
There is no hard and fast time limit for seeing a doctor after an accident. However, delaying medical attention can hurt your health and your case.
One reason delaying medical care can hurt your personal injury case is that it will be much more difficult to show that the accident was the cause of your injury. If you waited a week or a month or even longer to seek medical care, the insurance company will almost certainly argue that you could have been hurt at any time between the accident and the time you saw the doctor. Another is that the insurance company may argue–perhaps even correctly–that you are partly to blame for the severity of your injuries because you didn’t get medical attention in a timely manner.
The best time to see a doctor is immediately after the accident or as soon as possible after you begin experiencing symptoms.
If and only if you are able to do so safely, you should collect:
You should also ask anyone else who took photos or video to share them with you and to preserve their copies, and you should look around for security cameras, doorbell cameras or other devices that may have captured the accident and note where they are. As soon as possible after the accident, make some notes about what you remember–you may think in the moment that you will never forget the details, but it may be months or even years before you are called on to describe the details of the event in a deposition or a courtroom.
Some evidence can slip away, so it’s best to talk to a personal injury lawyer as soon as possible so they can get started gathering physical evidence, preserving video and talking to witnesses while their memories are fresh.
The more you document, the better. However, at the accident scene, safety comes first. Take photographs and video only if you are physically well enough to do so without aggravating injuries and if there is a safe place to stand while you take them. If you are physically not up to taking the photos or video, you can ask someone else to do it for you. Ideally, this should be someone you know. If you have to rely on a witness to take photos for you, make sure you get their contact information.
Taking photos of your injuries soon after the accident can also be helpful. However, it depends on the nature of your injuries, how visible they are, and what other evidence you have. For example, if your arm is broken and is x-rayed and treated at the emergency room, that is typically sufficient evidence of your injury.
If you consult a personal injury lawyer soon after your accident, your lawyer can advise you on what types of evidence you should be collecting and maintaining.
The value of your personal injury claim will depend on a variety of factors, including your actual financial losses, the impact the injury had on your quality of life, whether your injuries are temporary or permanent and more. The best way to find out what types of damages may be available in your case is to consult a local personal injury lawyer.
An experienced local injury attorney can give you general information about how the variables in your case may affect your settlement or verdict and how similar cases have been resolved in the past. But every case is different and no lawyer can promise you a particular outcome.
Despite the popularity of personal injury settlement calculators online, there is no fixed formula for determining the value of a personal injury claim. When an insurance company offers you a settlement, they factor in things like the insurance coverage available, the strength of your case, whether you were partly to blame for your injuries, the amount of your medical bills and lost income, how the accident has impacted your life and more.
A lawyer who is experienced with cases like yours in your area can give you a general idea of the damages that may be available and how similar cases have been settled in the past, but your case is unique.
The damages available in a Massachusetts personal injury case depend on the actual losses you have suffered as a result of the accident. Some of the most common types include:
Your personal injury lawyer can explain in greater details the damages that may be available in your specific case.
Economic damages are actual monetary costs and losses caused by the accident and your injuries. The two most common types of economic damages are medical expenses and income lost when you were unable to work because of your injuries.
Some other examples include the costs of medical equipment, the costs of adapting your home or vehicle to accommodate disabilities due to the accident, the costs of services you need because of the accident–ranging from household help to occupational therapy, and other expenses you would not have had if you hadn’t been injured.
Non-economic damages are losses you suffered that aren’t monetary costs. You may often hear this type of damages described as “pain and suffering” or “loss of quality of life.” Some examples include physical pain, emotional distress, inability to engage in activities you enjoyed before the accident, difficulty in carrying out normal daily activities, scarring, and other impacts on your day-to-day life.
There is no set formula for determining fair compensation for pain and suffering. Though the amount of your medical bills is one factor that is commonly considered, that is only because the amount of medical bills is often a loose measure of the severity of your injuries. When an insurance company makes a settlement offer or a jury makes an award, they will typically consider factors such as:
Other factors, such as your age and health prior to the accident may also be considered. After a serious injury, this determination can be complicated and your personal injury lawyer may use one or more expert witnesses to establish the extent of your losses.
If you were unable to work due to your injuries, you will typically be entitled to compensation for lost wages. However, there are some limitations. For example, if you have short-term disability insurance and collect benefits for your time off work, you generally can’t double-dip–you will only be able to recover lost wages to the extent they have not been covered by another source.
Ultimately the goal in a negligence case is to have the responsible party (or their insurance carrier) pay for your accident-related medical bills. However, that typically takes some time. While your personal injury attorney is working on your claim, there are several possibilities:
If your health insurance provider paid medical expenses that are covered by your settlement, they are generally entitled to reimbursement. However, if your attorney collects those damages as part of your settlement, the insurer must pay their fair share of the cost of pursuing that claim. So, you may pay less than the full amount they are owed. In some cases, your personal injury attorney may even be able to negotiate with the insurance company to accept less.
Some lawsuit proceeds are taxable and others are not. The Internal Revenue Code specifically excludes payments, settlements and verdicts received due to physical injury or illness from taxable income. However, that exclusion does not apply to punitive damages.
There is no such thing as an average personal injury settlement. While it is theoretically possible to add up all personal injury settlements across a certain time period, the data would be virtually impossible to obtain. And, it would be meaningless.
Some personal injury cases settle for $10,000 and others for millions of dollars. There are many variables that determine the value of your specific injury claim. The best way to get a clearer idea of what your claim may be worth is to talk to an experienced local personal injury lawyer.
There are several steps you can take to maximize your personal injury settlement, including:
If you were partly to blame for the accident that caused your injuries, you may still be entitled to collect compensation. In Massachusetts, your compensation will be reduced by the percentage of fault attributed to you. For example, if your damages are $1 million and you are found to be 25% responsible for the accident, you will also be 25% responsible for your own losses. That means you’ll be responsible for $250,000 or your damages and can only collect $750,000.
If you are found to have been more than half responsible, you won’t be able to collect any damages.
Generally, no. The insurance company’s goal is always to minimize costs. That means the first offer may not be fair compensation for your injuries and other losses, and that the first offer is rarely the maximum the insurance company is willing to pay.
The best way to ensure that you aren’t being misled and leaving money on the table is to work with an experienced local injury attorney.
Under Massachusetts law, three specific types of damages may be awarded in a wrongful death case. However, the actual amount of the damages awarded will depend on the specifics of the case. The types of damages available include:
the fair monetary value of the decedent to the persons entitled to receive the damages recovered, as provided in section one, including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered.
Establishing damages for loss of non-monetary aspects of the relationship can be difficult, and is best undertaken with the assistance of an experienced wrongful death lawyer.
The timeline for a personal injury claim can vary dramatically. A relatively small claim with clear liability could be resolved by settlement in just a few months–sometimes even sooner. On the other hand, a case that goes to trial will typically take well over a year–sometimes several years. Cases tend to take longer to resolve when there is a lot of money at stake, when there is a dispute about liability or when the injuries are long-term and the injured person is still receiving treatment and making improvements.
Most personal injury cases don’t go to trial. If the insurance company knows that you are entitled to compensation and would likely win at trial, they have an incentive to settle the case. Of course, they will typically still try to save money. That means their first offer will typically be less than they believe your claim is worth. Your personal injury attorney will negotiate on your behalf, and often that process ends with a fair settlement.
However, that doesn’t always happen. That’s why it’s important to work with a personal injury attorney who has the experience and willingness to take your case to trial if that turns out to be the best way to pursue fair compensation.
There are two separate processes when you have a personal injury claim. The first starts with filing a claim with the responsible party’s insurance company. Often, your personal injury lawyer will be able to negotiate a fair settlement with the insurance company without filing a lawsuit. That process typically involves your attorney sending a well-documented settlement demand to the insurance carrier. Then, the insurance company can agree to your demand, make a counter-offer, or decline to offer any settlement at all.
If the negotiation process isn’t going well or the statute of limitations is approaching, your attorney can file a personal injury lawsuit. That is a more formal process that requires certain pleadings with specific information in a specific format and service of process requirements. Your lawyer will exchange information with the other side through discovery and your case may still settle.
If your case doesn’t settle, your attorney will help you prepare for trial, will collect evidence and will call witnesses to testify in your case. Personal injury cases are typically tried before juries.
The discovery process allows each side in a personal injury case to gather information and evidence from the other side. The two most common forms of discovery are interrogatories and depositions. Interrogatories are written questions that the party must answer under oath.
This process helps both sides prepare for trial, and also allows each to gather additional information that can help them fully understand the strengths and weaknesses of the case and make decisions about settlement.
A deposition is live testimony before a court reporter. An attorney in a personal injury case may take a deposition from the other party or from another witness, such as a doctor or someone who witnessed the accident. The questions that will be asked depend on the reason for the deposition. If you are the plaintiff in a personal injury case you may be asked questions about:
Of course, this isn’t an exhaustive list. Your personal injury attorney can explain in more detail what types of questions you may be asked.
Whether and when your case settles depends on a variety of factors, including:
A small, clear-cut case may settle in just a few months, or even less. A large case with long-term injuries and contested issues can take two years, or even longer.
A person or entity may be wholly or partly at fault for an accident if their actions were negligent and that negligence caused or contributed to the accident. To prove negligence, you’ll have to show that the defendant had a duty, that they breached the duty, that their breach of the duty caused the accident and that you suffered damages as a result.
Sometimes, two or more people share responsibility. If the injured person and the defendant were both partly responsible, the jury will determine the percentage of fault attributable to each.
If the person who injured you doesn’t have insurance, you may still be able to recover compensation. The two most common possibilities are:
A local personal injury attorney can explain the options available in your specific case.
It is generally best to work with a personal injury lawyer unless your claim is small and you have fully recovered from your injuries. In that situation, an attorney may still be beneficial, but may not be strictly necessary.
With a larger or more complicated claim, it can be difficult to get fair compensation without an experienced injury lawyer. The more that’s at stake, the more incentive the insurance company has to fight your claim. And the process of assembling evidence, working with expert witnesses, managing the litigation process and understanding how to get evidence admitted in court is complicated and confusing.
It doesn’t cost anything to hire a personal injury lawyer–at least, not up front. Nearly all personal injury lawyers base their fees on a percentage of the settlement or verdict they get for you. That means the cost of hiring an attorney will vary depending on the amount of money the attorney secures for you.
When you hire a personal injury law firm, the lawyer should explain in detail how fees work and whether you will be responsible for any costs of litigation. You should also be provided with a written contract that spells out how much you will be charged.
A contingency fee agreement is a contract that says that you will pay your lawyer if and only if they settle your case or win a verdict for you at trial. The agreement spells out the percentage of your award that you will pay as attorney fees, and also what costs you will be responsible for. Some contingency fee contracts specify one percentage that you will pay no matter how your case is resolved, while others apply different rates depending on when and how the case is resolved.
You will receive a written contract that explains your contingency fee arrangement, and you should read it carefully and ask questions if there is anything you do not understand.
The percentage a personal injury law firm takes as attorney fees may vary from law firm to law firm, and may also be different depending on the amount of work the firm has to put in to secure compensation for you. For example, some firms charge one rate if the case settles before filing a lawsuit, another if it is settled after filing, and a higher rate if the case actually goes to trial.
Fees between 33 ⅓% and 40% are common.
You will receive your contingency fee agreement in writing and should make sure you read and understand it before signing.
First, you should ask any questions you have about your case and how the personal injury claim process works. Then, you should gather information about the attorney and law firm. Some questions you should ask include:
Once you hire a personal injury lawyer, they will take over most aspects of your case, from negotiating with the insurance company to gathering evidence to filing the lawsuit and other necessary pleadings and motions. However, there are some ways you’ll have to stay involved, including:
Your attorney will let you know specifically what they need you to do to protect your personal injury claim.
If you’ve been injured in an accident involving a self-driving car or lost a loved one in any type of motor vehicle accident, you can schedule a free consultation right now. Just call 978-459-3085 or fill out the quick contact form on this site.
Let Attorney Kevin Broderick answer your questions and evaluate your personal injury or vehicle accident case for free!
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