Wellesley, MA Personal Injury Lawyer

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Everyone gets hurt eventually. In many cases, that is due to an accident or unexpected event that is out of our control. Sadly, sometimes people get badly hurt or hurt because someone else messed up and did not do what they were supposed to. When that happens, you have legal options available to you. This is especially important if you have incurred costs like medical care and property damage because of an accident someone else caused.

If you suffered injury – physical, financial, or otherwise – because someone else was negligent, we can help. Our attorneys have dealt with tons of personal injury claims, so we have the experience as well as the passion and drive to effectively represent you in court.

For a free case review from our personal injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.

Personal Injury Lawsuits in Wellesley, MA

A personal injury lawsuit is a civil claim where the plaintiff claims that the defendant negligently caused their injury. A wide variety of circumstances can lead to a personal injury claim, so our personal injury lawyers need to have some idea of what happened in your case. Usually, that is laid out early on in the legal process, although the understanding of events can change as more information is gathered and discovered. Circumstances that can lead to a personal injury lawsuit in Massachusetts include:

Car Accidents

Car crashes are a source of many personal injury claims. Even with the benefits of modern safety features installed in vehicles, people are often seriously injured in car accidents. Additionally, if your vehicle is totaled or needs extensive repairs, you could end up paying a substantial amount of money. Accordingly, you can get damages for injuries you got and expenses you incurred because the defendant negligently crashed their car into you.

Truck and Bus Accidents

Accidents involving larger vehicles can be even more dangerous because the mass of a truck, bus, or other large vehicle may simply overpower a smaller sedan or SUV. The injuries you sustain in a large-vehicle accident can be severe. In many cases, they are life-altering, and you will be dealing with their effects for as long as you live. Therefore, the damages you may receive from a large-vehicle accident claim may be substantial.

Premises Liability

When you step onto someone else’s property, you do not expect to get injured by that property. The law makes it so property owners must keep their premises safe for people who may enter onto it, and you can be compensated if you can prove that they negligently kept their property in a state of disrepair and you, consequently, ended up getting hurt.

A notable exception to this rule is for trespassers. A “trespasser” is anyone who is on someone’s property without the owner’s permission. Generally, property owners do not have an obligation to keep their premises safe from trespassers. However, there is an exception to this exception specifically for children pursuant to Mass. Gen. Laws Ch. 231 § 85Y. Even if a child is trespassing, the property owner is still liable for their injuries. So, if your child got injured on someone else’s property, you should discuss potential claims with our lawyers.

Medical Malpractice

When doctors and other medical professionals screw up, you can sue them for injuries they cause. This may mean a botched surgery, incorrectly prescribed medication, or any other injury negligently caused by a medical professional.

How Do You Win Personal Injury Lawsuits in Wellesley, MA?

To win a personal injury case in Massachusetts, you need to prove that the defendant was negligent. To do this, you need to establish four “elements:”

Duty

A “duty” is simply an obligation one person has to another. In many personal injury cases, the duty at issue is a “general duty of care.” Essentially, this means that people have to act in a reasonable fashion so that other people do not get hurt. This can be based on a violation of a law – like a speed limit – or on whether conduct is reasonable as determined by a jury at trial.

Breach

“Breach” refers to the failure to uphold a duty. This is determined by proving that the defendant violated a law or by the jury determining that the defendant acted unreasonably.

Causation

To prove causation, you need to show that the defendant not only caused your injuries, but is also the “proximate cause” of your injuries. This means that their conduct is closely related to your injuries.

For example, suppose someone is driving a little too closely to the defendant. The defendant then rolls down their window and angrily “flips the bird” at the rear driver. Unfortunately, the defendant also crashed into you since they were not operating their vehicle and were busy throwing epithets at the tailgate. In this scenario, even though the tailgater “caused” the defendant’s conduct, they are not liable because the defendant – through their conduct – directly led to your injuries and cut off any liability on the part of the tailgating driver.

Causation is often one of the most fought-over elements in a personal injury case, so it is important to discuss your claim with our lawyers so that we have all the facts necessary to prove that the defendant caused your injuries.

Injury

Finally, you need to prove that you actually got injured. This is often done through physical evidence like medical records of your treatment, photos of your injuries, or, indeed, even your condition at trial.