Suffering an injury can be a frightening and overwhelming experience. Even after the initial trauma begins to subside, you may have significant medical bills and expenses to deal with, as well as reduced income due to missed time at work and possibly, decreased earning capacity. Additionally, you may have to negotiate with insurance companies demanding a decision about a settlement offer.
Fortunately, a Cambridge personal injury lawyer may be able to help. A seasoned personal injury attorney could help you handle negotiations with insurance companies and advocate on your behalf, as well as evaluate settlement offers to see whether they meet your specific needs. En Español.
Determining Liability in Cambridge
When an injury can be traced to the reckless behavior or intentional wrongdoing of another person, they may be legally liable for the consequences of that injury. This is the basis for the theory of legal negligence, a term that refers to when someone owes a duty of care to others but fails to uphold that duty and directly causes harm as a result.
However, it is not always feasible to file a personal injury claim for an injury. Some accidents cannot be traced back to negligence on another person’s part and therefore may not be deemed actionable. A knowledgeable Cambridge personal injury attorney could help assess the specifics of a case and determine if you could potentially take legal action.
Limitations on Recovery in Injury Cases
Two primary factors limit—or sometimes even prohibit—recovery in personal injury cases. The first is the comparative fault rule, which could come into effect if an injured person’s own conduct contributes to causing their injury. If the comparative fault is proven, it will reduce the amount of recovery an injured individual may seek based on their percentage of fault. If the injured person is found by a jury to be more than fifty percent at fault for the accident, then there would be no recovery.
For instance, if a driver injured in a car accident is eating while driving, the court might consider them to be 30 percent at fault. As a result, any damages the court awarded to that driver would be reduced by 30 percent to account for their negligent actions.
Another limitation is set on the length of time an injured party is given to file a lawsuit. Massachusetts General Laws Chapter 260 §4, refers to the statute of limitations to file a claim. In most cases, any legal action based on a personal injury must be filed by either the injured party or their personal injury lawyer within three years of the incident. While there are exceptions to this timeframe, claims submitted after this statute expires run the risk of being dismissed by the court. There may be other notification deadlines to meet to preserve your right to seek damages in Court if, for example, your injury was caused by a government worker’s negligence. That is why it is essential to consult with a Cambridge personal injury attorney right away to make sure that your rights are protected.
Consult with a Cambridge Personal Injury Attorney Today
If you were injured as a result of someone else’s negligence, you might have a legal right to seek compensation. Recovery could be sought for past and future lost wages, medical needs, and costs, and intangible effects such as pain and suffering.
However, after an accident, you may feel overwhelmed and confused, and having to navigate the legal system alone could prove to be difficult. Furthermore, it could be vital to act quickly after an accident to preserve the evidence needed to establish liability and meet the statute of limitations in Cambridge.
A compassionate Cambridge personal injury lawyer could assist in evaluating your claim and building a strong case for compensation so that you can focus on your recovery. For more information, reach out today.