Stoughton, MA Personal Injury Lawyer
Personal injury lawsuits seek to compensate plaintiffs for damages incurred because of a defendant’s negligent actions. There are a wide range of injuries that may lead to a personal injury lawsuit. Accordingly, personal injury lawsuits can come in many forms.
If you were injured because of another party’s negligent acts, you may recover damages. However, you will likely face opposition from defense attorneys and insurance companies after filing a claim. Having a lawyer on your side can help you avoid these issues and get the compensation you need.
If you have been injured because of another’s negligence, seek assistance from experienced Stoughton personal injury lawyers by calling The Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Elements of a Personal Injury Lawsuit in Stoughton, MA
There are many different types of personal injury lawsuits. Different legal analyses may apply depending on the circumstances of each case. However, four general elements must be satisfied for personal injury claims to succeed. If you were injured because of another person’s negligent behavior, our Stoughton personal injury lawyers can help gather evidence to establish each of the following elements in your case:
Duty
In order to proceed with a personal injury lawsuit, a plaintiff will need to prove that a defendant had a duty to act (or refrain from acting) in a certain way under specific circumstances. For example, motorists in Stoughton have a duty to operate their vehicles in a reasonably safe manner and follow the rules of the road. There are multiple ways legal duties can be established. Our Stoughton personal injury lawyers can help establish what the defendant’s duty was in your case.
Breach
Next, plaintiffs in personal injury cases must establish that defendants breached that legal duty. Defendants breach their legal duties when they fail to exercise the degree of care that a reasonably prudent person would under similar circumstances. This element can be satisfied through either a defendants’ negligent acts or failures to act.
Causation
Third, personal injury plaintiffs must establish that a defendant’s actions were the cause of their injuries. Our Stoughton personal injury lawyers can help gather evidence to prove that a defendant’s actions contributed to your injuries in a personal injury lawsuit.
Damages
Lastly, plaintiffs must establish that they suffered damages. Any damages must have been caused by a defendant’s negligent conduct for you to be able to recover for those harms. The damages recovered in a personal injury claim will depend on the specific injuries and harms the plaintiff experienced.
Common Types of Personal Injury Cases in Stoughton, MA
Personal injury lawsuits in Stoughton may come in many forms. While the circumstances surrounding each individual case are different, each type of case will be approached in similar ways using comparable types of evidence and legal arguments. The following are examples of claims our Stoughton personal injury lawyers handle:
Car Accident Cases
Car accident cases are an especially common form of personal injury case. Drivers owe a duty to exercise reasonable care behind the wheel and follow the rules of the road. Still, drivers in Stoughton frequently cause car accidents through negligent acts, such as the following:
- Driving under the influence
- Distracted driving
- Reckless driving
- Speeding
However, there are multiple other examples of careless or reckless conduct that cause car accidents. If you were injured in a car accident because of another driver’s negligence, you may be entitled to compensation. Our Stoughton personal injury lawyers can help assess your damages and fight to get you the compensation you need after a car accident.
Slip and Fall Cases
Slip and fall cases are another common form of personal injury case in Stoughton. Slip and fall accidents can lead to serious injuries and leave long-lasting impacts on victims. While a slip and fall accident may cause minor injuries to some, senior citizens and those with pre-existing injuries may be severely injured after a fall.
Property owners are expected to protect their guests from hidden dangers. This may require property owners to shovel snow and salt sidewalks, clear debris, and place warning signs on their property. If you were injured in a slip and fall on another person’s property, you may be able to recover damages from the property owner.
Products Liability Cases
Products liability cases seek to hold manufacturers responsible for injuries caused by their dangerous or defective products. Manufacturers may be held liable for injuries caused by a manufacturing defect, a design defect, or a failure to warn of a product’s danger. Accordingly, you may be able to recover damages for injuries sustained because of a defective product. Our Stoughton personal injury lawyers can help gather evidence to support your products liability claim.
Medical Malpractice
Finally, medical malpractice is another common cause of personal injuries in Stoughton. Healthcare professionals can be sued for medical malpractice if they fail to adhere to accepted procedures and practices when administering treatment. Common types of medical malpractice cases involve misdiagnosis, medication errors, surgical errors, defective medical equipment, and failure to warn patients of risks. However, medical malpractice claims can be difficult to pursue. If you have been injured because of medical malpractice, contact our Stoughton personal injury lawyers for help building your case.
Requirements for Filing Personal Injury Lawsuits in Stoughton, MA
The statute of limitations sets the time limit for filing an injury claim. The statute of limitations for personal injury claims in Massachusetts is three years. Accordingly, if you were injured because of another’s negligence, you have only three years from the date of the injury to file your lawsuit. Time limits may be extended in special circumstances; however, evidence may become harder to collect over time.
Furthermore, there are numerous other requirements for filing a claim. Plaintiffs must pay any required fees, serve the person they are suing with the proper paperwork, file their claim in the correct court with supporting documents, and avoid filing a frivolous lawsuit. Accordingly, personal injury plaintiffs should contact our Stoughton personal injury lawyers as soon as possible after an injury to ensure they meet all the requirements for filing their claim.
If You Were Injured Because of Another’s Negligence in Stoughton, MA, Our Lawyers Can Help
If you have been injured because of another’s negligence in Stoughton, get help recovering the compensation you deserve by calling The Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
