Brockton, MA Personal Injury Lawyer

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Personal injury law is a broad legal field that might encompass numerous injuries and claims. If you were injured because of someone else’s negligent actions, our attorneys can help you get compensation.

There are many possible claims an injured plaintiff might make in a personal injury lawsuit. Although personal injury cases tend to include a variety of damages, the main focus is bodily harm or injuries suffered by the plaintiff. Common examples include car accidents, slips and falls, and construction accidents. Generally, a personal injury plaintiff has three years to file their case, although the deadline can be extended under specific circumstances. You might recover various damages related to both economic losses and non-economic injuries. Many personal injury lawsuits involve very high damages, and a lot is at stake. To win your case, you need strong evidence to back up your claims, much of which might come directly from the scene of your accident.

For a free evaluation of your case, call the Law Office of John J. Sheehan’s personal injury lawyers at (617) 925-6407.

Possible Personal Injury Claims in Brockton, MA

Personal injury cases can feel overwhelming for victims who are physically recovering from serious accidents. This particular field of law is so vast that most people do not know where to begin. Many possible cases fall under the personal injury umbrella, and our attorneys can help victims prepare claims for compensation against liable parties.

Some of the most common causes of action for personal injury claims include bike accidents, brain injuries, auto accidents (including cars, trucks, motorcycles, and more), construction accidents, workplace injuries, product liability cases, medical malpractice, pedestrian accidents, Uber and Lyft crashes, and premises liability cases.

At the heart of any personal injury case is bodily harm. An accident might lead to multiple losses or injuries, but at least one of those injuries must consist of bodily harm to be considered a personal injury case. Even so, you can claim various other damages along with your claims of bodily injury, such as property damage to your vehicle after a car crash.

Realizing you have a personal injury case on your hands is not always easy or obvious. People often shrug off their injuries as “just an accident” and mistakenly believe nobody can be held responsible. In reality, most accidents result from someone’s bad behavior or negligence, and our personal injury lawyers can help you hold them accountable.

This is often the case in slip and fall accidents due to hazardous property conditions. Suppose you were walking to the restroom in a restaurant when you tripped over uneven flooring, partially due to dim lighting. Though such incidents can seem entirely accidental, it is the restaurant’s responsibility to keep the property safe for visitors, and failing to do so would make the owner liable.

Other times, victims might not notice medical injuries immediately or not expect their injuries to be from medical malpractice. If your medical condition worsened after receiving treatment, there was a major issue with your medication or recent surgery, or you have other concerns, inform our lawyers. After obtaining and reviewing your medical records and discussing your injuries with you, we may identify malpractice, making a negligent physician or hospital liable for your damages.

When You Should File Your Personal Injury Lawsuit in Brockton, MA

Filing a lawsuit requires understanding and following a lot of rules and procedures. One of the most important rules you must know of when filing a personal injury lawsuit is the statute of limitations. These statutes impose filing deadlines on plaintiffs who want to submit their injury claims to the courts. Once the deadline passes, it becomes very difficult, although not necessarily impossible, to file a case.

In Massachusetts, according to Mass. Gen. Law Ch. 260, § 2A, the statute of limitations on personal injury cases is three years. This means you have three years from the day your injury or accident occurred to submit your case to the courts. Although three years might sound like plenty of time to file your case, the deadline is tighter than most people realize, especially after sustaining serious injuries.

Many people cannot file a lawsuit until they recover from their injuries. In cases where plaintiffs are very badly injured, like in car accidents or cases involving brain injuries, a long recovery period may occur before the plaintiff even speaks to a lawyer, which could delay their case.

Once the plaintiff is ready to start their case, a lot of work must happen before a formal complaint is ready. Evidence must be gathered, and your damages need to be evaluated. By the time many plaintiffs are finally ready to submit their filings, the deadline is very close. Our personal injury attorneys can work quickly to help you file your lawsuit before the deadline passes, as missing it could block you from getting compensation for your injury due to negligence.

Recoverable Damages in Brockton, MA Personal Injury Lawsuits

Your damages are all the losses, injuries, and expenses you incurred because of the defendant’s negligent or reckless conduct. Damages are often economic in nature and encompass monetary losses like medical bills. They can also be non-economic and stem from your painful personal experiences with the accident and your injury. Our team can help assess future losses that your injuries are likely to cause and calculate them in your damages. A judge or jury might also award punitive damages if the defendant’s misconduct was more heinous than mere negligence and caused the death of another. Our attorneys can accurately calculate the damages in your lawsuit so you can anticipate your recovery.

Economic Damages

Economic damages are related to monetary losses and expenses directly resulting from your accident and injuries. Medical costs are among the most important forms of economic damages in most personal injury cases. Medical treatment is never cheap, even if you have health insurance. Plaintiffs with severe injuries can often claim future medical costs if they need long-term care. Lost wages are also recoverable economic damages, and we can estimate your missed income since the accident so that the negligent party covers these losses as well.

Non-Economic Damages

Non-economic damages are more complicated because they are not directly related to an exact amount of money or cost. In fact, most non-economic damages do not actually cost plaintiffs any money, but they may still be financially compensated. Emotional and physical pain and suffering, humiliation, damage to your reputation, and other negative or painful experiences might be grounds for significant non-economic damages.

We can use the appropriate equations and methods to calculate your non-economic damages and support these requests with strong evidence, like statements from mental health experts. Non-economic damages are the most difficult for victims to recover, especially from settlements, and we will not underestimate your intangible damages when preparing and litigating your case.

In fact, not all injury victims can file a lawsuit to recover non-economic damages. No-fault insurance rules bind individuals injured in a car accident to only recovering medical expenses and other economic losses. Auto accident victims can only file a lawsuit for non-economic damages in certain situations under Ch. 231, § 6D, such as when all their necessary and reasonable treatment expenses are more than $2,000. Non-economic damages can also be pursued when the victim loses a body member, whether in whole or a part, suffers whole or partial permanent and serious disfigurement, loses hearing or sight, or sustains a fracture. Surviving family members of a car accident victim can also claim non-economic damages in the event of wrongful death.

Future Losses

Victims with serious or permanent injuries typically need compensation for long-term treatment and care. Even those with less serious injuries will likely have damages that must be covered after they settle their claim. Our team can help assess your future needs so it is included in your lawsuit.

For instance, individuals paralyzed or who sustained traumatic brain injuries in an accident often have numerous future medical expenses for physical therapy, surgeries, in-home treatment, modifications to their home and vehicle, assistive devices, and much more. Our attorneys will collaborate with your doctors, specialists, and professional experts to justify the compensation for the future losses we are claiming.

Your lawsuit should also compensate you for future lost earnings. This is usually measured by the lost earning potential you endured because you either had to permanently leave work, take light duty, or get an entirely new position that you could work with your injuries. In any case, you should recover the difference between your pre-injury wages and your current level of income. Severe injuries might also have caused you to lose out on professional achievements, like raises and bonuses, which can be included in your damages. We can gather evidence, like employment records, tax returns, medical records, and occupational expert testimony to help prove these losses.

Punitive Damages

Punitive damages are only available in lawsuits for wrongful death. Keep in mind, punitive damages are not meant to compensate wrongful death victims for their personal losses but to punish the defendant for certain types of conduct.

According to Ch. 229, § 2, certain surviving family members and the deceased’s estate can recover punitive damages if the victim’s death was the result of the defendant’s willful, wanton, malicious, or reckless misconduct or through gross negligence. If granted, no less than $5,000 will be awarded by the court. How much you will get in punitive damages depends on the conduct the defendant is being punished for and what the court wants to deter other similar parties from perpetrating in the future.

For instance, punitive damages are commonly awarded in DUI car accidents that involve the death of another person. Manufacturers might be punished if they willfully allowed a dangerous vehicle onto the roads, forgoing a recall to save production costs. Our team can review your case to determine if punitive damages should be requested from the court.

Wrongful Death Damages

Other losses can be compensated for under the law above for wrongful death besides punitive damages. If a person’s negligent, willful, reckless, or wanton act causes the death of someone else and the victim would have had to right to recover damages in a personal injury claim had they not died, wrongful death damages can be paid to family members entitled to recover such compensation.

Damages for the deceased’s fair monetary value include but are not limited to compensation for the reasonably expected loss of their net income, as well as protection, services, care, assistance, companionship, comfort, society, guidance, advice, and counsel the decedent would have provided. Surviving family members can also recover reasonable burial and funeral expenses that they incurred in laying their loved one to rest.

Evidence You Might Need for a Brockton, MA Personal Injury Case

Evidence is the backbone of your lawsuit. Without evidence, your claim will likely be rejected before it reaches a courtroom. Evidence might come from almost anywhere and may be useful if it shows that the defendant was negligent. Some plaintiffs are fortunate enough to have a plethora of evidence to draw upon. Others are not so lucky, and evidence might be hard to come by. Our injury attorneys can help you find the evidence you need to get compensation for your injuries.

Accident Reports

Accident reports are often very helpful during negotiations with the insurance company. If you were injured in a car collision, you should report it to the police immediately. They will get you and the other driver’s information, witness statements, and note whether the other driver was cited for the accident and observations they made of the wreckage and scene. Our team can determine which law enforcement agency investigated your crash and get the report for you.

It is also a good idea to report an accident that happens on another person’s property. Perhaps you slipped and fell while eating at a restaurant or were assaulted because a nightclub had inadequate security for an event. Report it to the manager if you can, as they will usually make an official report. After we file your claim, we can demand the defendant turn over any reports they made and other documents relevant to your case.

Photos and Surveillance Video

A lot of important evidence might come directly from the accident scene. For example, if you were injured in a car accident, you can take pictures of the scene to preserve important details for court. We will also check if your accident was captured on a nearby security camera. Video footage of your injuries as they occurred might be some of the strongest evidence possible.

Medical Records

We will need your medical records to prove the injuries you sustained during the accident. Because this is so important, do not delay treatment after being injured, even if your injuries appear minor.

For example, whiplash, which is common during rear-end car accidents, often initially feels like normal stiffness or slight discomfort but might exacerbate if left untreated. Our team can handle requesting, collecting, and organizing medical records so we can show your exact diagnoses and timeline of care.

In addition to getting immediate treatment, you should not stop your care or miss any scheduled doctor visits before you fully physically recover, as that could create gaps in your medical records that jeopardize your case.

Witness Testimony

Witnesses may also be an incredibly important source of evidence in the form of testimony. If a person has direct, first-hand knowledge relevant to your case, they can testify in court about what they know. Even though witnesses do not present tangible evidence, testimony can be very persuasive and powerful.

Expert Witness Testimony

In some cases, individuals who did not directly witness an accident or injury can still provide valuable scientific and technical insights that are crucial to understanding the events leading up to and after the incident.

Expert witnesses can help prove liability or offer perspectives on how your injuries will heal over time and what long-term issues you might face in the future. Experts from various fields can support your case by thoroughly analyzing the facts and relay their findings to the court, helping to clarify complex topics.

The experts our lawyers work with often include medical professionals, manufacturing experts, and accident reconstruction analysts, among others. Unlike eyewitnesses, experts can use their experience and training to offer informed opinions, which can significantly influence the outcome of your case, especially to help combat the opinions of the defense’s expert witnesses.

Preparing for Personal Injury Settlement Negotiations in Brockton, MA

Personal injury claims often settle out of court, though ensuring these agreements are fair is crucial. Accepting and signing a settlement offer would end your case. If the offer you accept is poor, some of your losses might go uncompensated, which we can help avoid.

We must estimate your claim’s total value before filing your case or negotiating a settlement. This requires our lawyers to carefully examine all economic and non-economic damages, including smaller expenses victims might not initially consider, like transportation accommodations, so that they can get to and from doctor visits. Having a number in mind regarding your deserved recovery is important, as this will allow us to identify poor offers from the defendant quickly.

Negotiating settlements can take time, as defendants want to minimize the amount they have to pay victims. Despite that, our lawyers may be able to get the opposing side to substantially increase their offers, particularly after leveraging evidence that would be compelling to a jury if your case went to trial. For example, having qualified experts give their opinions on certain matters, like whether a victim’s injuries are permanent, can strengthen claims, convincing defendants to hike up their settlement proposals to keep cases out of court.

Our personal injury lawyers would not settle your case to benefit the defendant, so if offers continue to be unfair, we may proceed with a trial. Because negligent parties typically want to avoid court cases, they may increase offers after hearing we are prepared to move forward with a trial. Even during a trial, the defense may send offers to end the case, and we can consider those proposals as well.