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:
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.
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.
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.
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.