Seek Compensation Through a Personal Injury Lawsuit in Massachusetts
In today’s unpredictable world, accidents can strike at any moment, leaving you with unexpected challenges and a pile of bills. Whether you were hurt in a car crash, slipped and fell in a store, or suffered harm due to medical malpractice, you deserve justice and fair compensation for your losses.
That’s where personal injury attorneys come in – they are your powerful ally in the fight for your rights and your financial recovery. At the Law Offices of Barry Feinstein & Affiliates P.C., our legal team is dedicated to securing the highest possible compensation for your injuries, while defending your legal rights and guiding you through the complicated process.
Don’t let the insurance companies deny you the compensation you deserve – trust our team to fight for you and hold the responsible parties accountable for their negligence. Contact us now to schedule a free consultation and learn more about how we can help you win your personal injury lawsuit and get the justice you deserve.
What is a Personal Injury Lawsuit in Massachusetts?
A personal injury lawsuit is a legal action brought by an individual who has suffered harm or injury as a result of someone else’s negligent or intentional conduct. Personal injury cases can arise from a variety of circumstances, including car accidents, slips and falls, medical malpractice, defective products, and workplace accidents.
The purpose of a personal injury lawsuit is to seek compensation for the damages caused by the injury, which may include medical expenses, lost wages, pain and suffering, and other related expenses. To successfully pursue a personal injury lawsuit, the injured party must typically prove that the defendant had a legal duty to exercise reasonable care, that the defendant breached that duty, and that the breach caused the plaintiff’s injuries.
Personal injury cases can be complex and require the assistance of an experienced attorney. If you have suffered a personal injury, it is important to consult with a qualified lawyer to discuss your legal options and determine whether you have a viable case.
What are the Most Common Types of Personal Injury Cases?
Numerous different sorts of injuries fall under the very broad legal category of personal injury. But there are a few different categories of personal injury claims.
- Motor Vehicle Accidents. One of the most prevalent categories of personal injury litigation involves auto accidents. The term “car accident” primarily refers to motor vehicle-related traffic crashes. Vehicle collisions may cause property damage, severe injuries, or even wrongful death.
- Motorcycle Accidents. One of the most common types of personal injury cases involves motorcycle accidents. Motorcycle collisions can result in property damage, serious injuries, or even fatalities. Due to the inherent risks associated with riding motorcycles, motorcycle accidents can often result in more severe injuries than car accidents.
- Medical Malpractice. Medical malpractice is when a healthcare professional, usually a doctor, causes harm to a patient by providing subpar medical care. Examples comprise surgical blunders, misdiagnosis, and incorrect prescribing, among other things.
- Traumatic Brain Injury Cases. One of the most devastating forms of personal injury litigation involves traumatic brain injury (TBI) cases. These injuries are typically caused by a sudden blow or jolt to the head and can result in long-term or permanent damage to the brain. TBI can have life-altering consequences, including cognitive impairment, emotional disturbances, and physical limitations. Victims of TBI may require ongoing medical care and rehabilitation, and may be entitled to compensation for their losses.
- Wrongful Death. If the victim dies as a result of an accident, the personal injury claim could develop into a wrongful death lawsuit. There are numerous circumstances in which fatal accidents can occur. One of the most prevalent occurrences includes motor vehicle collisions, including collisions involving trucks, motorcycles, and bicycles. Claims of wrongful death have also been connected to defective items. When a gadget or product is not properly safe for usage, it can cause serious injuries that could be fatal.
- Workplace Accidents. Most occupational accidents are covered by workers’ compensation insurance. You don’t need to demonstrate that your company was at fault if you file a workers’ compensation claim, which is an advantage. The drawback is that non-economic damages like pain and suffering are not compensable. However, in some workplace accident cases, you may be able to bypass the workers’ compensation system and file a lawsuit for non-economic damages.
- Premises Liability. An owner or operator of a public space, or even of a private residence, is responsible for making sure that their property is secure for visitors, individuals carrying out official business (such as mail carriers), and, to some extent, certain categories of trespassers. Businesses are typically the targets of premises liability lawsuits. A personal injury claim resulting from a slip and fall accident is the most typical kind of premises liability claim. Any harmful condition that the owner or operator of the property knows about or might have found through a reasonable inspection of the property must be fixed or announced.
As with any other accident, personal injury lawsuits have lots of other types, and most of us do not have much understanding of this kind of lawsuit. Lawyers of Barry Feinstein & Affiliates will simplify your complicated legal situations. Reach out to any of our knowledgeable lawyers now.
What are the Elements of Negligence?
Any circumstances, including auto accidents, premises liability, professional malpractice, or nursing facility abuse, may give rise to personal injury litigation. Instead of intentional behavior, negligence or recklessness is what causes the majority of injuries.
In the majority of jurisdictions, a plaintiff alleging negligence must show the following elements:
- The defendant’s duty of care
- The defendant’s breach of that duty
A case may be dismissed, or the defendant may escape culpability if the plaintiff fails to establish any of the elements of negligence.
It is best to know your rights when you are in a situation where you are the victim of another’s negligence. Our lawyers at Barry Feinstein & Affiliates will guide you with your personal injury situations.
What Are the Personal Injury Laws in Massachusetts?
Here, we will be discussing statutory laws in Massachusetts. It varies from the statute of limitation of this lawsuit to even animal bites.
Massachusetts Statute of Limitations
Statute of limitations establishes a deadline for plaintiffs to file a claim. Generally speaking, a statute of limitations starts to run when the plaintiff is injured or learns of the injury. You must file a lawsuit for damages within that time frame and choose a law office that offers an appropriate attorney-client relationship. Once the lawsuit has been filed, there is no time limit on when you must present your case and request compensation from the defendant’s insurance policy if you prevail.
State laws determine the statutes of limitations, which may change depending on the type of injury. The Massachusetts statute of limitations is three years to sue someone for personal injuries.
Massachusetts “No-Fault” Laws for Car Accident Cases
When it comes to auto insurance and auto accidents, Massachusetts is a “no-fault” state. People hurt in auto accidents are required to pursue compensation through their own insurance in no-fault states. Most of the time, unless your case fulfills particular criteria, you cannot go outside the no-fault system and pursue a claim against another party.
Massachusetts “Strict” Liability on Dog Bites or Attack Cases
In many places, dog owners who had no reason to assume their dog was dangerous are (to some extent) shielded from harm responsibility the first time their dog hurts someone. This is frequently referred to as a “one bite” rule. However, a special law in Massachusetts (Mass. Gen. Laws Ann., ch. 140, 155) declares the dog owner “strictly liable,” which means that regardless of the animal’s prior behavior, the owner is liable for any personal injuries the dog causes.
Massachusetts Damage Ceilings
Damages in personal injury claims are handled slightly differently in each state. Some states “cap” or set a limit on the number of damages that can be recovered in specific situations, such as medical malpractice lawsuits, or in certain categories of damages, such as non-economic or “pain and suffering” damages. Only in circumstances of medical malpractice does Massachusetts place a cap on non-economic damages of $500,000.
There is no harm in being safe. Other than having insurance, someone who can legally fight for your rights is another layer of assurance. Barry Feinstein and Affiliate lawyers definitely know how to protect your rights.
File Your Personal Injury Lawsuit with Us Today!
We take each case seriously at The Law Offices of Barry Feinstein & Affiliates, P.C., in order to pursue the compensation you are due. We can give you the best result possible because of our significant experience defending clients in personal injury lawsuits in court. We also handle a variety of other cases, including wrongful death, hit-and-run, defective products, toxic torts, and birth injuries.