Canton, MA Personal Injury Lawyer
When someone is injured because another person acted negligently, the injured party may pursue compensation by filing a personal injury case. There are many different types of personal injury lawsuits. For example, injuries caused by car accidents, slip and fall accidents, defective product accidents, and medical malpractice may all constitute grounds for filing a personal injury claim.
The process for recovering payment in a personal injury lawsuit can be complicated and frustrating. Defendants may employ various strategies to avoid paying victims what they are owed. Therefore, assistance from our legal team can be very valuable to plaintiffs when fighting for fair compensation.
Seek help from our experienced personal injury lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407 for a free evaluation of your claim.
How Our Attorneys Can Help with Your Personal Injury Case in Canton, MA
While each personal injury claim is unique, there is a certain process that every plaintiff will follow. Thankfully, our personal injury attorneys can offer guidance and support to victims every step of the way.
Reviewing Your Case
First, our team can review the strength of your claim for free. There are key elements that must be established in every personal injury case. You must be able to prove that the defendant breached their duty of care and that your accident occurred as a result of that breach. Also, you must show that you suffered injuries because of your accident and that you incurred damages because of your injuries. During your free case assessment, we can help determine if those necessary elements have been satisfied.
Next, you will have to gather evidence that supports you case. There are several forms of evidence that may be needed to win your personal injury lawsuit. For example, witness statements, accident reports, surveillance footage, and evidence from your accident’s scene may all be necessary. However, parties in control of relevant evidence may be reluctant to cooperate. Furthermore, as time goes on, crucial evidence may become more difficult to preserve or collect. Fortunately, our attorneys can help retrieve the evidence you need to win your case.
Filing Your Case
After gathering evidence, you will have to bring your case to court. The time limit to file your case is established by Mass. Gen. Laws Ch. 260, § 2A. Typically, you will have to file your lawsuit within three years of the date your injury occurred. Furthermore, you will have to file in the correct jurisdiction, attach supporting documents, serve defendants, and avoid filing an incomplete claim. Our legal team can help ensure you comply with the numerous requirements for filing your lawsuit.
Negotiating with Defendants
Before your case goes to trial, you will likely be presented with a settlement offer from the defendant. If you accept their offer, then they will pay you the agreed-upon sum of damages and your case will be dismissed. Our lawyers will help negotiate for a fair settlement offer. However, if one cannot be reached, then you will have to go to trial to recover the payment you deserve.
Representing You at Trial
At trial, our team can advocate on your behalf. We will present you case in an organized and convincing manner. Additionally, we can ensure that your rights and interests are protected throughout the trial process.
What if You Share Fault for Your Personal Injury in Canton, MA?
If you share some of the blame for the accident that caused your personal injury, you may still be able to obtain financial compensation. However, the amount of compensation you are awarded can be limited.
Massachusetts courts will adhere to the rules of modified comparative fault. This means that damages in personal injury lawsuit are awarded based on each party’s degree of blame. As an example, if you are 30% liable for your accident while the defendant is 70% to blame, then they will be responsible for 70% of the damages caused by your injuries while you are left to account for the leftover 30%. However, if your share of blame exceeds 50%, then you will be unable to recover payment from the other party.
Common Sources of Personal Injuries in Canton, MA
There are several forms of negligence that can lead to personal injuries. For example, many personal injuries stem from car accidents caused by careless drivers. Harmful crashes regularly happen because motorists drive distracted, ignore traffic signals, and travel at illegal speeds. If you suffered a harmful car accident in Canton, you may be able to file a lawsuit against the at-fault driver.
Additionally, many personal injuries are suffered as the result of slip and fall accidents. These accidents often occur because owners fail to take care of their properties. For example, a tenant at an apartment building may slip and fall because their buildings owner did not clear ice from the entranceway. Further, a patron at a restaurant may suffer a slip and fall because of a loose rug or slippery floor. In these cases, victims could pursue lawsuits against the property owners responsible for their injuries.
Pedestrian accidents are also a common cause of personal injuries in Canton. These accidents regularly happen at intersections and along road shoulders. When pedestrians are struck by negligent drivers, catastrophic injuries can occur. Thankfully, victims of pedestrian accidents may be able to sue the drivers who hit them.
Finally, some personal injuries are sustained as the result of medical malpractice. Medical malpractice occurs when a patient is hurt because their doctor deviated from accepted standards of care. For instance, a patient may routinely complain of headaches while their physician dismisses the pain as insignificant. If it turns out the patient’s headaches were caused by a brain tumor, then their physician may be liable for failing to properly diagnose the condition.
If You Need to File a Personal Injury Case in Canton, MA, Our Lawyers Can Help
Seek guidance from our experienced personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.