Every day, people in Malden suffer personal injuries that disrupt their lives. The effects can last years or even for the remainder of their lives. When the injury is due to the negligence or deliberate wrongdoing of another, it may be possible to obtain compensation to help cope with the effects of the injury.
While no monetary recovery can restore your health, compensation can reduce your worries for the future. If you are suffering from an injury caused by another person, talk to an experienced Malden personal injury lawyer to learn what may be possible in your case. Let a skilled attorney help you recover the damages you deserve.
Delays in Filing Malden Claims Can Be Costly
It is never too early to seek legal advice. There are several reasons why a person who was injured in an accident caused by another’s negligence should consult an attorney as soon as possible. However, the most important reasons are the preservation of evidence and the time limits that apply to cases in Massachusetts.
The Need to Collect and Preserve Evidence
The best evidence is often obtained right after an accident or incident when it is still fresh. Delays make evidence more difficult to find and less reliable. For instance, skid marks at the scene of a car accident may change, video footage of an incident may be erased, or a valuable witness may leave the area or forget details of the incident. A skilled Malden personal injury accident lawyer could take actions to collect and preserve evidence right after an accident to help build the strongest case possible.
The Statute of Limitations in Malden
In addition, Massachusetts law establishes a statutory time limit on lawsuits that may be filed to seek compensation for the effects of a personal injury. Section 2A of Chapter 260 of the Massachusetts General Laws specifies that claims generally must be filed within three years of the time the injury occurs. Actions filed after that time may be dismissed unless unusual circumstances prevented filing the suit within three years.
However, other claims may have legally mandated notification requirements for even shorter time limits. For example, personal injury claims against the government such as the Commonwealth of Massachusetts and its various departments and agencies and Massachusetts cities and towns are covered by the Massachusetts Tort Claims Act under Chapter 258 of the Massachusetts General Laws which requires all claimants to serve a written Presentment Letter to the governmental entity within two years. The legal requirements for the Presentment Letter are very technical and full of traps for the unwary. An accomplished Malden personal injury attorney could help determine the applicable time limit and make sure the claim is filed within that time.
Compensation That May be Available Through a Personal Injury Lawsuit
The injured person may be eligible to recover different types of compensation. He or she could receive monetary damages to cover economic losses caused by the injury. This includes amounts to cover medical bills, anticipated future medical costs, lost wages, and reduced future income.
A court may also award damages for non-economic harm. This includes amounts for pain and suffering, emotional distress, and loss of enjoyment. In rare situations, an injured individual may receive punitive damages if the responsible party’s actions were especially egregious.
However, a compensation award may be reduced by a certain percentage if the injured party is determined to be partially at fault for the accident his or her injury. This is known as modified comparative negligence and it allows partially responsible parties to collect compensation as long as they were not more than 50 percent responsible.
Let a Malden Personal Injury Attorney Help
In Malden, many people suffer injuries due to many types of accidents. Even when the harm is caused by an accident rather than an intentional act of wrongdoing, if it occurred because someone failed to act responsibly, that person or entity may be held liable for the results.
If you are suffering from an injury, an experienced Malden personal injury lawyer could evaluate the circumstances to determine whether another person should be held liable. To learn more, call now.