Seek Justice for Your Personal Injuries in Massachusetts
At The Law Offices of Barry Feinstein & Affiliates P.C., our personal injury attorney combines the professional expertise of having handled numerous types of personal injuries in Massachusetts successfully with the individual attention necessary to respond to the unique nature of your case.
If you have been injured due to the negligence, recklessness, or intentional acts of a third party, we will fight to help you receive compensation for your injuries, medical expenses, lost wages, rehabilitation costs, and pain and suffering. Call us today for a free consultation, and our team is always ready to answer your inquiries about what are the types of personal injuries in Massachusetts.
Why Do I Need a Personal Injury Attorney in Massachusetts?
If you or someone close to you has ever been involved in an accident, you are aware of the disorientation that can ensue. If you have been hurt or injured due to the negligence of another person, company, or driver, you may be entitled to compensation. After an accident, you are not required to contact our personal injury attorney, but there are several reasons why you should.
We Are Competent and Objective
Accidents and personal injuries result in considerable suffering and emotional turmoil. This trauma may hinder your ability to make objective decisions regarding your accident or injury. Our skilled personal injury attorney will file claims on your behalf. In addition, we will bring knowledge, skill, and experience to your case, which will assist you in obtaining the settlement you deserve.
We Are Skilled in Negotiation
After an accident has occurred and personal injury claims have been filed, the at-fault party’s insurance representative negotiates for lower compensation and can be very persuasive. Insurance companies have techniques for persuading you to accept their initial offer, which can make negotiating with them challenging. This is why you need the assistance of an accomplished attorney during this time.
We Assist You in Making Better Choices
Filing a personal injury claim may appear lengthy and complicated if you are not an attorney. Occasionally, the offender acknowledges their error and is willing to compensate you. If the compensation amount is sufficient to cover your injuries, court action would not be necessary.
Our personal injury lawyer will evaluate your unique situation and explain your available options. Depending on the severity of your situation, we can also provide advice on the best course of action.
We Can Facilitate Quicker Compensation
If you do not have a lawyer, you must wait until you have sufficiently recovered before seeking compensation. This means that it will take considerably longer for you to receive your settlement. Call our personal injury attorney immediately following your accident. This will allow us to file personal injury claims on your behalf while you recover.
We have extensive experience with cases similar to yours and the legalities involved in those cases, so we can circumvent any obstacles and help you receive compensation as quickly as possible.
What Entails Personal Injury in Massachusetts?
Various incidents and injuries in Massachusetts are covered by personal injury law. It allows people to seek compensation for their losses when they have been harmed by the negligence or wrongdoing of another party. Medical costs missed payments, and other damages are examples of this.
The statute of limitations is an essential aspect of Massachusetts’ personal injury law. If you were injured in an accident, you have three years from the date of the incident to file a claim.
If you have been injured in an accident in Massachusetts, you must consult with our knowledgeable personal injury attorney. We can represent you in court if necessary and help you understand your rights and options. In addition, we can assist you in negotiating with the insurance company of the other party to obtain the compensation to which you are entitled, regardless of what are the types of personal injuries you sustained.
What Are the Types of Personal Injuries in Massachusetts?
Thousands of personal injury claims are heard annually. Some cases are resolved amicably, while others reach the courtroom, where a judge renders a final decision. Some personal injury lawsuits can result in substantial financial compensation for victims’ injuries and hardships. Below are the different types of personal injuries in Massachusetts.
Injury From Someone’s Negligence
Everyone is responsible for obeying the rules with reasonable diligence in everything they do. If they fail to do so and you are injured as a result, it is often appropriate to file a civil suit to recover compensation for your injuries.
Slip and Fall Injury
All public spaces are responsible for ensuring your safety. If they fail to do so and you fall and sustain an injury as a result of a hazard they created or allowed to exist, you may be entitled to compensation from the store.
Injury From Someone’s Intentional Behavior
If someone intentionally injures you, you can file a lawsuit against them. This remains true even if they did not intend to cause you harm. For instance, if your neighbor throws a rock at his brother and the rock hits you and injures you, you may be able to sue and recover damages in civil court.
Injury From a Hazardous Drug
There is safety standards for drugs, which are occasionally overlooked when releasing a new drug. These cases typically result in litigation against drug companies in the form of class action lawsuits.
Injury Due to Medical Malpractice
The law requires doctors to provide comprehensive care. When a physician does not treat a patient in this manner, many negative outcomes are possible. Medical malpractice lawsuits enable you to recover compensation for doctors’ errors.
Injury Caused by a Dog Bite
Dog bites are evaluated according to the strict liability standard. With that being said, you are permitted to sue and recover compensation for injuries if someone’s dog bites you.
Auto Accident Injury
Automobile collisions are one of the leading causes of injury. Every state requires that drivers carry liability insurance to protect them from such injuries.
Injury Due to Misdiagnosis
Misdiagnosis is a type of medical negligence that can also result in injury. If your condition worsens because of a misdiagnosis, you may be eligible for compensation.
Injury Due to Dangerous Conditions on Premises
Any type of unsafe condition in a private home or public place can be considered negligent. This can give rise to liability under the law.
Defective Product Injury
By law, all products must be safe when used as intended. If the product is unsafe when used as intended, strict liability typically applies. This means that a manufacturer can be held liable even if he was not the one who produced the product negligently.
After sustaining an accident or injury in Massachusetts, contact our personal injury lawyers immediately so that we can determine whether or not legal action is necessary.
What to Do Following a Personal Injury Accident?
As a legal term, personal injury refers to a situation in which the negligent actions of one person result in the injury of another. Personal injury law encompasses a wide range of topics because there are numerous ways in which a person can act negligently and numerous ways in which that negligence can result in injury.
For instance, the scope of personal injury law can extend from toxic mold exposure to aviation accidents. Possibilities are infinite. Even though every personal injury case and circumstance is unique, there are a few fundamental and necessary steps to take after sustaining an injury due to someone else’s negligence. If you have been injured, maintain your composure and follow the steps below.
Find a Safe Location
Many people’s initial response to an injury is to freeze because they are either in shock or pain. Even though your body requires time to react, it is important to take a deep breath and assess your environment.
Seek Medical Assistance
If there are any indications of harm or injury, seek immediate medical attention. Even if you do not see or feel any injuries, it is in your best interest to visit a medical professional. Urgently visit an emergency room, your primary care physician, or a healthcare clinic, and if necessary, call an ambulance at the scene of the accident.
If you do not immediately go to the hospital, you should speak with the person who caused the injury. Collect their insurance information and name. When communicating with them, use extremely careful language. Do not admit any fault, and do not justify their behavior. Just gather their information.
Be sure to take numerous photos of the accident scene and your injuries to document the condition and injuries.
Avoid Discussing Your Case
You should only discuss your case with your physician and legal counsel. Your personal injury attorney must be present whenever you discuss your case with an insurance agent or the opposing attorney.
Furthermore, exercise caution when discussing your injury with your friends and coworkers. Pay close attention to what you’re saying, and avoid divulging information.
Collect Evidence and Papers
In a personal injury case, you and your attorney must demonstrate that your injury was caused by the negligence of another party. To do so, you must provide evidence and documentation. Gather all relevant records and documentation, including the following:
- Medical records
- Police account
- Witness contact details
- Personal statement
Keep all evidence and paperwork until your case has been completely resolved.
Obtain Legal Assistance
After receiving medical care, you should locate and retain our competent personal injury lawyer. You require the assistance of someone who has your best interests in mind to construct your lawsuit. Consider that insurance companies and other defendants will have legal representation. You should as well.
The foundation of The Law Offices of Barry Feinstein & Affiliates P.C.’s personal injury practice is restoring lives. We invest time and effort into each client so that you are aware of our unwavering support. Our team of veteran attorneys frequently collaborates with industry experts and investigators.
How Can I Win a Personal Injury Case in Massachusetts?
To win a personal injury claim in Massachusetts, you must prove that you were injured due to the carelessness or recklessness of another party. Personal injury victims (plaintiffs) can file a variety of personal injury lawsuits (torts) against negligent parties (defendants). The following are some of the fundamental principles of personal injury law:
Negligence is failing to exercise reasonable care. Negligence exists when an individual’s careless action or inaction has resulted in injury. The defendant might be liable for damages even if the act was unintentional. Usually, auto insurance, homeowner’s insurance, or another general liability insurance policy includes liability coverage for negligent acts.
Product liability claims filed against manufacturers and suppliers for dangerous products that cause injury and dog bite claims filed against dog owners are typically subject to strict liability. Typically, liability insurance is available to compensate victims who sustain bodily harm due to the strict liability of the responsible party.
Intentional or Reckless Misconduct
Intentional or reckless misconduct is the malicious or deliberate infliction of injury or death. Under certain conditions, the victim’s family may recover punitive damages if the misconduct results in death.
Comparative negligence may apply when the injured party’s actions contributed to his or her injury. If the plaintiff is relatively negligent, the amount of the award will be reduced. The injured party and the defendant share in the negligence, and the damages are reduced accordingly.
Damages are awarded to victims who have suffered personal injuries or wrongful death due to the negligence of another person or organization. In Massachusetts, special damages, such as medical expenses and lost wages, scarring and disability, loss of enjoyment of life, loss of consortium, and pain and suffering are compensable. Punitive damages may be awarded in certain cases of wrongful death.
Personal injury cases can be intricate and technical. The personal injury attorneys at The Law Offices of Barry Feinstein & Affiliates P.C. have won claims for the most severe personal injuries before administrative boards, trial courts, and appellate courts.
Who Pays When My Personal Injury Lawsuit is Successful?
Generally, the party with the greater burden of proof (the burden of proof in civil lawsuits) will be held liable for the victim’s damages. Because each case is unique, the party who pays when a personal injury lawsuit is won will vary based on the circumstances.
Below are a few examples of liability and how compensation may be paid in various scenarios.
In some instances, claims may be paid by parties other than the at-fault drivers (or, more precisely, their insurance companies), even though the majority of vehicle accident lawsuits involve payments from the at-fault drivers. These may consist of, among others:
- Product Manufacturers. Manufacturers can be held liable for products that caused an accident, such as defective tires or airbags.
- Victim’s Insurance Coverage. When victims are injured by drivers who are underinsured or uninsured, they can seek compensation from their own insurance company (if they have UM or UIM coverage), which will pay for their damages.
- Government Entities. Government entities may be held liable for injuries caused by their negligence, such as when they fail to maintain roads adequately.
Victims injured in accidents involving trucks and commercial vehicles will be compensated by the party found liable in a lawsuit. These parties may consist of:
- Truck Drivers. Truck drivers who cause collisions due to negligence or noncompliance with safety regulations may be held liable for severe injuries and damages. Because trucking companies are liable for the actions of their employees, it is common for the trucking operator to compensate victims of negligent drivers.
- Trucking Firms. Trucking companies can be held liable for compensation payments when they commit various acts of negligence or safety violations, such as improperly loaded cargo and hours-of-service violations.
- Maintenance Companies. When a trucking operator outsources fleet maintenance to a third party, victims may be compensated in whole or in part by maintenance companies that failed to meet standards and comply with regulations.
- Truck Manufacturers. Manufacturers of defective truck parts can be held liable for compensating victims, just as in the case of auto accidents.
Product liability laws permit victims injured by unsafe or defective products to recover damages, which may be paid by:
- Product Manufacturers. Manufacturers are required to ensure that their products are safe for the intended purpose. Manufacturers can be held liable for design flaws, manufacturing errors, inadequate quality control testing, and even failure to provide adequate warnings. These may include consumer product manufacturers, pharmaceutical companies, and automakers.
- Wholesalers and Retailers. Distributors and retailers can sometimes be named as defendants in product liability cases, particularly when they fail to address potential hazards they knew or should have known about. A retailer who sells used vehicle parts, for instance, may be held liable for damages if they provided a consumer with defective or dangerous products of which they were aware or should have been aware.
In cases of medical malpractice, multiple defendants may be held liable for damages. Depending on the situation, the following may apply:
- The Doctor. Doctors are liable for severe injuries and damages if they fail to treat patients under accepted medical standards or if they intentionally cause harm. Doctors are frequently employed as independent contractors, which means hospitals where they work cannot always be held liable, and doctors carry their medical malpractice insurance.
- The Medical Professional. Injuries caused by negligent nurses, medical personnel, or even administrative employees who make mistakes are frequently compensated by the hospitals or facilities that employ the negligent employees. This is because hospitals and healthcare providers are accountable for the conduct of their employees.
- The Hospital. Hospitals and other medical facilities can be held liable for injuries and negligent acts caused by their employees. These may include negligently allowing a medical professional with a known history of malpractice to use their facility, administrative or medical record errors, failure to maintain equipment, failure to address potential hazards on their premises, or failure to ensure hospital protocol and government regulations are followed.
- The Government. When medical malpractice occurs at a federally funded medical facility, such as the VA or a military hospital, victims may be able to sue the federal government under the Federal Tort Claims Act. FTCA claims entail unique rules and procedures.
What Are the Recoverable Damages for Massachusetts Personal Injury Claims?
You may be entitled to personal injury damages if you can demonstrate that the defendant was negligent and that his or her negligence caused you to sustain injury or harm. Personal injury damages for which compensation may be awarded include:
- Physical pain and suffering, including past, present, and future pain and suffering, is supported by medical probability.
- Mental and emotional suffering (nervous shock, anxiety, embarrassment, depression, or mental anguish), including past, present, and probable future mental and emotional suffering.
- Permanent injuries, such as permanent scarring, disfigurement, or function loss.
- Loss of life enjoyment in the form of work, recreation, or family life.
- Medical expenses incurred by the plaintiff as a result of his or her injuries, as well as a reasonable amount for future medical expenses that can be reasonably anticipated.
- Loss of earning capacity sustained as a result of the accident, as well as any probable future loss of earning capacity.
- A worsening of an existing condition.
- Loss of consortium (relationship with family members) that may be sought by a spouse, child, or parent of an accident victim.
Get the Legal Representation You Deserve with Our Personal Injury Attorney!
At The Law Offices of Barry Feinstein & Affiliates P.C., our personal injury attorneys have years of experience as litigators and judges handling cases similar to yours. This means that we are familiar with the applicable laws and regulations for your case. We have faced the opponents you will face and know how to beat them at their own game.
We will apply everything we know and have learned to assist you in obtaining the money you deserve. Suffering an injury can be a life-altering experience, and navigating our legal system to seek compensation can be difficult and frustrating. However, rest assured that we make the process as simple as possible for our clients.
Our personal injury lawyers work hard to reassure our clients, and we explain their options and likely outcomes so they know what to anticipate specifically on the types of personal injuries in Massachusetts. We handle cases ranging from vehicle accidents to wrongful death involving personal injuries.