Massachusetts Personal Injury Lawyer
Catastrophic injuries have the potential to alter someone’s life forever. In addition to the lengthy healing process, victims must also pay for any medical bills that they incurred as a result of receiving medical assistance for their injuries. This could be an especially stressful circumstance when the injuries were caused by the negligence of another person. Luckily, there are ways for victims to obtain compensation for their injuries.
If you have suffered traumatic and long-lasting injuries through the fault of another person, you should reach out to a dedicated Massachusetts catastrophic injury attorney. with the help of a Massachusetts catastrophic injury lawyer, you may be able to obtain the full compensation owed to you. to get started on a case, schedule a consultation today.
What Happens if You Suffered a Catastrophic Injury in Massachusetts
Victims suffering from catastrophic injuries in Massachusetts could be experiencing vastly different types of injuries. However, there are common variables that catastrophic injuries share.
Typically, a catastrophic injury is a severe type of injury that inhibits or completely prevents a person from earning gainful wages and often result in permanent disabilities. Serious injuries such as these could result from a variety of different causes such as negligent, intentional, or criminal acts. Catastrophic injuries could range from the following:
- Head trauma
- Bone fractures
- Loss of vision
- Neck or back injuries
- Organ damage
- Burns
- Amputations
- Paralysis
Common Types of Personal Injury Accidents in Massachusetts
Personal injury cases can come in many forms. The legal analyses and strategies that apply to your case can depend on the type of accident that caused your injury. Some accidents occur more frequently than others. Our Massachusetts personal injury lawyers can help recover financial compensation if you were injured in any of the following types of accidents:
Car Accidents
Car accidents are the most common source of personal injury claims. Motorists are expected to exercise reasonable care and obey traffic laws. When drivers act carelessly or recklessly, serious injuries can occur. The following are common forms of negligent behavior that cause car accidents in Massachusetts:
- Distracted driving
- Drunk driving
- Speeding
- Reckless driving
- Improper lane changes
- Running red lights
- Braking abruptly
- Wrong-way driving
If you were injured in a car accident in Massachusetts, our Maryland personal injury lawyers can help pursue the monetary damages available to you.
Pedestrian Accidents
When pedestrians are struck by negligent motorists, serious injuries can occur. Pedestrians are left without protection to absorb the full force of impact in a crash. Accordingly, pedestrian accidents are also a common type of personal injury accident in Massachusetts.
If you were injured in a pedestrian accident, you may recover damages from an at-fault driver even if you are uninsured. Our Massachusetts personal injury lawyers can help recover the full range of damages available to you after suffering a pedestrian accident.
Motorcycle Accidents
Additionally, motorcycle accidents are a type of personal injury accident that occurs frequently in Massachusetts. Motorcycles can be hard to notice on the road. Therefore, negligent drivers have an even tougher time avoiding collisions with bikers. You may be entitled to compensation for injuries suffered because of a motorcycle accident in Massachusetts.
Slip and Fall Accidents
Another common type of personal injury accident in Massachusetts is slip and fall cases. Property owners are expected to maintain their property for the safety of their visitors. For example, a business owner must clean up a slippery floor that could cause injuries to their customers. When property owners fail to maintain their properties, slip and fall accidents can occur.
Slip and fall accidents can cause serious injuries to seniors and those with pre-existing conditions. Victims who were injured because of an unforeseen danger on another’s property may recover compensation in a personal injury lawsuit.
Accidents Caused by Defective Products
Furthermore, accidents caused by defective products are also a common type of personal injury accident in Massachusetts. Manufacturers and sellers can be held liable for harm caused by their dangerous or defective products. First, a product can be considered defective through its design. This essentially means that a whole product was designed poorly or not properly tested.
Second, a product can be considered defective through a flaw in its manufacturing process. In such cases, the product was properly designed but a manufacturer failed in the making of the product.
Third, products can be defective through a marketing defect. This type of defect has to do with a manufacturer’s failure to provide adequate instructions or warnings for dangers associated with their product.
If you were injured because of a defective or dangerous product, our Massachusetts personal injury lawyers can help build your case and negotiate for fair compensation.
Medical Malpractice
Medical malpractice accidents are another common type of personal injury accident in Massachusetts. Healthcare professionals can be held liable for failing to provide appropriate care to their patients. Not every complication associated with a medical procedure will constitute medical malpractice. Rather, medical malpractice arises from situations where injuries could have been prevented had the doctor acted as they were supposed to. The following are common examples of medical malpractice:
- Surgical errors
- Prescription drug errors
- Anesthesia errors
- Incorrect treatment of a medical condition
- Failure to prevent or treat infections
- Errors committed during childbirth
However, there are many other forms of negligence that may constitute medical malpractice. If you were injured because of a healthcare provider’s negligence, our Massachusetts personal injury lawyers can help assess the validity of your claim.
Comparative Fault in a Massachusetts Injury Case
Provided under Massachusetts General Laws Chapter 231 §85, Massachusetts follows the 51 percent bar rule. The 51 percent bar rule is one of two modified comparative fault rules.
Plaintiffs under the 51 percent bar rule may recover if they are less than 51 percent at fault. Obtainable damages would be reduced by the percentage of fault that the plaintiff contributed to the injury. For example, if a plaintiff is found 10 percent at fault, they may only recover 90 percent of the damages. a catastrophic injury lawyer in Massachusetts could help a claimant recover the damages they deserve.
Evidence Used to Prove Fault in a Massachusetts Personal Injury Case
In most cases, you will have to prove that a defendant caused or contributed to your injuries in order to recover damages in a personal injury claim. The following are common examples of evidence used to prove fault in Massachusetts personal injury cases:
Eyewitness Testimony
Eyewitness testimony can help our Massachusetts personal injury lawyers when establishing who caused a personal injury. For example, in pedestrian accident cases, eyewitness testimony can be used to prove that a crash was caused by a negligent motorist.
Photos from the Scene of an Accident
Photos from the scene of an accident can also be used to establish fault in a personal injury claim. For instance, in slip and fall cases, photos of a slippery floor can be used to prove that a property owner acted carelessly. Accordingly, if you suffered a personal injury accident, it can benefit you to take photos of the scene during the aftermath of the accident.
Physical Evidence from the Scene of an Accident
Furthermore, physical evidence from the scene of an accident may be used to support your personal injury claim. For example, if you suffered serious injuries in a car accident, an opened alcohol bottle from the scene may be presented to prove that another driver was impaired. Our Massachusetts personal injury lawyers can help determine if physical evidence from the scene of an accident will be useful in your case.
Expert Witness Testimony
Expert witness testimony is also frequently used to prove fault in Massachusetts personal injury claims. For instance, expert witness testimony is almost always used in medical malpractice cases. If you were injured because of medical malpractice, an expert may have to testify that your treating physician deviated from appropriate standards of care. Our Massachusetts personal injury lawyers can help choose the right expert witnesses in your case.
Accident Reports
Lastly, accident reports may be used to prove who caused a personal injury accident. For example, accident reports are often drafted after employees suffer workplace injuries. In such cases, an accident report can help establish why an injury occurred.
Filing Deadlines for an Injury Case in Massachusetts
Procedural rules and deadlines could make or break a case on their own. Even if a plaintiff has a strong claim for recovery, if they fail to follow certain procedural rules, they could lose the right to bring their lawsuit.
A statute of limitations is a procedural rule that creates a deadline for personal injury plaintiffs to file their case. Under Massachusetts Gen. Laws Chapter 260 §2A, catastrophic injury plaintiffs must file their cause of action within three years of the date of the injury. Failure to file on time would result in losing the right to sue the at-fault party for your injuries. by working with a Massachusetts catastrophic injury lawyer, you may be able to file a claim long before the statute of limitations becomes an issue.
Our Massachusetts Injury Attorney Can Help
The battles you have already faced as a catastrophic injury victim merit recognition. The mental fortitude it takes to overcome the pain and suffering of such a serious injury is not an easy task.
While you face your own battle for physical recovery, the battle for your legal recovery has likely just begun. But your legal obstacles could be more challenging to overcome when pursuing them on your own. a Massachusetts catastrophic injury lawyer could be your ally and might be able to help you fight your legal battles moving forward. Reach out today by scheduling a free consultation with our Massachusetts personal injury lawyer at (617) 993-0198.
