Winchester, MA Personal Injury Lawyer
When you are hurt, a lot of thoughts are probably going through your head. “How could this happen?” “Who is responsible?” “Am I going to be ok?” These are all things that you may be wondering about, and that is to say nothing of the emotional toll that injuries can take or the difficulty of recovering from serious injuries.
If you were hurt in an accident and are thinking about filing a lawsuit, you need experienced legal counsel in your corner. We can provide just that. We have tackled countless personal injury cases, so we understand how to advocate for you in the legal system and make the process go as smoothly as possible.
Call the Cambridge personal injury lawyers with the Law Office of John J. Sheehan at the number (617) 925-6407 to get a free analysis of your case.
Personal Injury Cases We Handle in Winchester, MA
The scope of “personal injury” cases is vast. A lot of different circumstances can lead to personal injury lawsuits. When you work with our personal injury lawyers, we will look at the unique circumstances of your case to figure out the best approach for getting you a favorable outcome.
Motor Vehicle Accidents
Many personal injury cases are the result of crashes involving cars, buses, trucks, and other kinds of motor vehicles. If a careless driver was drunk, speeding, or otherwise doing dangerous things, you can file a claim against them.
Slip and Fall Cases
Property owners have an obligation to keep their premises safe for people who may enter onto it. One of the most common reasons for so-called “premises liability” lawsuits is property owners failing to clean up or warn of spills, dangerous staircases, or other hazards that can cause people to slip, fall, and get hurt. If you were hurt from slipping and falling down, you may have a claim against a store owner, landlord, or other property-owning entity.
Medical Malpractice
When medical professionals make mistakes, the consequences are often serious. Victims of medical malpractice may have permanent damage from a botched surgery, be unable to treat a condition that went undiagnosed, or have adverse reactions to medication they should not have received.
When you file a medical malpractice case, there may be some special considerations, like expert testimony regarding the medical conduct in question, so you should discuss your claim with our lawyers.
What Do You Need to Prove in a Winchester, MA Personal Injury Case?
To win a personal injury lawsuit, you need to show that the defendant was negligent. In law, “negligence” means that someone was careless and, consequently, you got hurt. Proving negligence requires proving four elements of a claim:
Duty
A duty in law is an obligation someone has to someone else. For example, everyone has a duty to act in a way that is reasonable and not likely to get anyone else hurt. Additionally, some people, like police officers or firefighters, may have more specific duties.
Breach
Breach refers to a failure to uphold a legal duty. For example, if someone decides to drive drunk, they have breached their duty to be a safe driver.
Causation
Causation means that the defendant caused your injuries. However, you have to prove more than that the defendant was just a cause of your injuries. They must be what is known as the “proximate cause” – a cause closely related to the circumstances of your injury. For example, suppose a defendant takes their car in to get repaired, and the mechanic screws up, and the car is harder to control than it otherwise would be. Later, the defendant has several drinks, gets behind the wheel, and starts driving at double the speed limit, ultimately hitting you. In that case, the driver would be the proximate cause of your injuries, not the mechanic, because their liability would be “cut off” by the driver’s dangerous actions.
Injury
Finally, you need to prove that you were actually hurt in your lawsuit. You can do this through photo evidence, personal and eyewitness testimony, and other forms of evidence. Note, though, that “injury” can mean more than just physical injuries to your person. It can include property damage, emotional trauma, and other factors as well.
What Compensation Can I Get from Personal Injury Lawsuits in Winchester, MA?
When you file your personal injury lawsuit, you also have to explain what you are seeking damages for. “Damages” are the court’s way of attempting to place the plaintiff in a similar position to where they were before they got hurt. This is pretty much always accomplished through financial compensation.
Compensatory Damages
The vast majority of damages you request in a personal injury case will be compensatory damages. These damages are designed to “make you whole” again and get you back to where you were before you got injured. Things like medical bills lost wages from work, and property damage can factor into compensatory damages determinations. You can also seek compensatory damages for things that may not have their value easily displayed, like mental anguish, pain and suffering, and emotional distress.
Punitive Damages
Punitive damages are a special kind of damages that are awarded when a defendant acts in a way that is worse than merely negligent. Each state has different rules for when courts are allowed to award punitive damages. In Massachusetts, punitive damages are only on the table when someone has died due to another party’s reckless actions pursuant to Mass. Gen Laws Ch. 229 § 2.
While it may feel like you are missing out if you do not go after punitive damages, you should not worry about not getting enough financial compensation, as we can request compensatory damages in an amount appropriate to the severity of your claim so that you get all the financial compensation you are entitled to and need.
Have Our Winchester, MA Personal Injury Lawyers Look at Your Case Today
The personal injury lawyers from the Law Office of John J. Sheehan offer free case analysis when you call our office at (617) 925-6407.
