Accidents are bound to happen at some point, and injuries may be severe. If you were hurt, the person responsible should have to cover your medical bills and other losses. An attorney can help you get justice and fair compensation by filing a personal injury case.
Who may be held responsible for personal injuries will vary from case to case, but people, businesses, and even governmental entities can be sued. We can begin by gathering evidence from the accident and evaluating your damages so that you get the most compensation possible. We should also begin quickly, as plaintiffs in Massachusetts only have 3 years to file their cases.
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case evaluation from our personal injury attorneys.
Who is Responsible for Personal Injuries?
The big question on every plaintiff’s mind is about who should be held responsible for their injuries. While those directly involved may be implicated, others who were not present might also be responsible.
Generally, the person who should be held responsible is someone who owed you a duty of safety and did something to violate that duty, thus causing the accident and your injuries.
The defendant could be a person, multiple people, or a group, business, or organization. For example, if a delivery driver hits you with their work vehicle while they were on duty, both they and their employer could be held liable for your damages.
In some cases, governmental entities may be held responsible. If you were hit by a bus operated by the Franklin Regional Transit Authority (FRTA), the governmental entity in charge of public transportation may be held accountable.
Can I File a Personal Injury Case in Greenfield if I am Partially to Blame?
Fault for an accident does not always fall 100% to one person. In many cases, several people, including the plaintiff, share some degree of blame. In such a case, you can still sue, but your damages may be reduced.
Massachusetts follows a modified comparative negligence law that courts use to determine whether a plaintiff is partially responsible. If you are at fault, your damages may be diminished according to your degree of fault. If you are 10% responsible, you may lose 10% of your total damages.
This rule can only be pushed so far. You may be barred from recovery if your share of fault exceeds that of the defendant. For example, if you are 55% responsible, you may not recover anything at all.
Remember, if a defendant claims that you contributed to the accident, they must have evidence to prove it. If they do not, the court might not even consider the issue of comparative negligence.
When You Have to File a Personal Injury Case
Your time to file your case may not be as long as you think, and you should get started with a lawyer as soon as possible.
The statute of limitations for personal injury cases in Massachusetts gives you 3 years to file your case. Your time starts on the day that you are injured, and the clock may already be ticking. The longer you wait, the harder it may be for your lawyer to prepare your case adequately.
We may have extra time under limited circumstances. Our personal injury attorneys can have the statute of limitations tolled and the time extended for minors and incapacitated plaintiffs.
A minor may have the limitation period tolled until they are 18. If you have a mental condition or other legal disability that prevents you from filing, you may have the limitation period tolled until the condition is removed.
Defendants cannot trick plaintiffs into running down the clock. If you were somehow deceived into delaying legal action, we may have the statute of limitations tolled for fraud.
Records and Evidence to Support Your Greenfield Personal Injury Case
We must gather the right information to prove your claims. Certain records, witnesses, and other evidence must be obtained quickly before it is lost.
Many injuries are reported to law enforcement, especially if they stem from violence or potentially criminal activity. In that case, we can review police reports for evidence and information that law enforcement discovered during their investigation. Police reports are normally inadmissible themselves, but we can use them to help us find admissible evidence.
Next, we should get copies of your hospital records from when you were treated for your injuries. It should be easy to request these copies, as you have a right to your own medical records. However, they can take time to assemble, and we should focus on getting them as soon as possible.
More information may come from witnesses. If others saw the accident happen or have some other personal knowledge about the defendant’s actions, we should speak to them immediately.
Possible Damages in a Personal Injury Case
One of the most important steps in preparing your personal injury case is calculating damages. Whether your damages are based on financial costs or personal experiences, you may deserve substantial compensation.
Your accident might have been painful and traumatic. This kind of pain and distress may take a serious physical and mental toll on you. Many people deal with the mental and emotional fallout of the accident for years, and their pain and suffering should be compensated.
Many damages are economic, meaning they stem from the actual financial costs of the accident. Your hospital bills are likely a crucial factor in economic damages claims, especially if injuries are severe.
You can also claim the income you lost because your injuries prevent you from working. If you lost any property or belongings in the accident, you can claim their value, too.
Contact Our Greenfield Personal Injury Attorneys Right Away
Call the Law Office of John J. Sheehan at (617) 925-6407 and ask for a free case evaluation from our personal injury attorneys.