Things to Watch for in Your Massachusetts Personal Injury Suit

Anyone who has been injured knows just how massive the impact can be. Life can turn upside down due to the financial losses from medical expenses and lost wages. Mobility can be drastically reduced. Anxiety can rise during the long road to recovery. If another person or entity was responsible for this, then the victim has the right to pursue damages. Here are things to watch for in your Massachusetts personal injury suit:

Deadline

Every type of lawsuit has a deadline. Victims can’t wait forever before filing a case in court. If they fail to do so after the deadline, then they will no longer be entertained. An exception could be made if the injury or the reason for it was not immediately traceable. This is the so-called statute of limitations. For personal injury suits in the state of Massachusetts, people can file within 3 years starting from the date of the incident. This is a relatively long time as many other states set the limit at 2 years.  

Comparative Fault

In other states, the plaintiff will have to be faultless in order to collect damages. If the defense uncovers even the slightest fault, then the case may be dismissed. Massachusetts holds a different view of the matter with the comparative fault rule. Contributing to an accident will not automatically disqualify a plaintiff from receiving damages. However, it will reduce the total amount of the award. The court will consider the percentage of contributions of both parties based on evidence.

Liability Requirements

When it comes to car accidents, the state encourages motorists to be self-sufficient. It is a no-fault state. No matter who was at fault, the driver’s own insurance company pays the medical bills. The minimum coverage is $8,000 but this can always be increased by motorists if they are willing to pay a higher premium. It is still possible to pursue claims against other drivers but only under certain conditions. The medical expenses should be more than $2,000 or the injury involved permanent disfigurement, broken bone, loss of eyesight, and the like.   

Strict Liability

There are two main approaches to dealing with dog bites. The first is called the one-bite rule. Owners will not be held responsible for their pet’s attack if there was no prior reason to believe that it could be violent. The initial bite should serve as a warning. Succeeding bites can result in penalties if the owner failed to secure the dog. The second rule is called strict liability. This is what Massachusetts follows. Dog owners are always responsible for attacks regardless of past behavior. The case may still be dismissed if the plaintiff was trespassing on the property or taunting the dog.

Limit on Damages

Be mindful of the amount you are expecting to collect from your lawsuit. There is often a limit on certain types of damages such as pain and suffering. Learn more about the possible outcomes of your case by talking to a Boston injury lawyer. Find someone with an excellent reputation in the field and prior experience with similar cases. Set up an initial consultation to tell them the facts and ask them your questions. Check how much you can collect for damages. Get their honest opinion about your chances of winning the suit.

 

LINKS:

https://en.wikipedia.org/wiki/Personal_injury

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Contributory Fault: Why Alabama Injury Claims are Hard to Win

When an individual or company fails to act responsibly, and it results in damage to someone else, the guilty party could be accused of general negligence. If the injured person wants to lodge a claim for compensation for the damages they are welcome to do so by filing a lawsuit against the reckless party. General negligence claims include a number of incidences, such as dog bites, slip and fall injuries, car accidents and more.

However, negligence cases in Alabama can be tricky due to the states contributory negligence laws. This law occurs when the injured party was somewhat at fault, or played a part in the accident. If the injured party is proved to be even 1% at fault for the accident, under this contributory negligence law, the offending party pays nothing in damages.

Many juries in Alabama use a variation of this law in their verdicts, which is called comparative negligence. What this does is assign fault to both parties and have them each take responsibility for the amount of blame they carry. This also pertains to financial responsibility.

Therefore, the contributory negligence law makes it very hard for an injured victim to recover damages if the defense proves they were involved in, or part of, the accident in any way. This is why it is imperative that if you are involved in an accident in the state of Alabama that you hire an Alabama personal injury attorney.

These attorneys are equipped, experienced and skilled to advise you of all possible strategies that the other party may implement in their defense. They also ensure that your case is rightfully presented and that its integrity is protected from the other side.

Whenever you file a lawsuit against another individual or company, you must be able to prove that they had a duty to act in a reasonable manner but failed to do so. You must also be able to prove that they neglected this responsibility, or in some way did not fulfill the duty, and that the action, or lack thereof, caused your injuries. For example, this could mean that the owner of the property on which you were injured knew about the danger but chose to do nothing about it.

Last, you must be able to prove that you sustained quantifiable damage as a result of the accident. This could be in the form of medical expenses, loss of earnings as well as emotional trauma. Proving all of these elements could prove to be challenging on your own, however with the help of a qualified Alabama injury lawyer, you could easily win your case.

 

https://en.wikipedia.org/wiki/Pain_and_suffering

https://en.wikipedia.org/wiki/Traffic_collision