When you suffer injuries due to no fault of your own, you should not have to bear the consequences alone. You may be left with physical pain, emotional trauma, and bills to pay. If you are in this situation, a Wakefield personal injury lawyer may be able to assist you in obtaining compensation for your injuries.
Dealing with insurance adjusters to negotiate a fair settlement can be challenging when you are in a hospital bed. You are likely to experience frustration as the insurance company does whatever it can to avoid paying you what you deserve. Luckily, a hardworking attorney may be able to handle these negotiations on your behalf and work to attain a fair financial recovery for you.
Personal Injury Claims in Wakefield
Personal injury claims typically arise when the negligence of others leads to an accident in which individuals suffer injuries. Some of the most common personal injury claims stem from motor vehicle accidents, but they can also result from other accidents. Some accidents involving injuries that may lead to personal injury claims include:
- Slip and fall accidents in stores and parking lots and stairs
- Workplace falls, chemical exposure, and defective machinery
- Medical and surgical errors
- Nursing home neglect and abuse
The injuries that can result from any of these accidents vary widely. Individuals could potentially suffer fractured or broken bones, spinal cord injuries, back and neck injuries, and traumatic brain injuries. Depending on the nature of the injuries, individuals may require surgical intervention, long periods of rehabilitation, and significant healing.
Negligence in Wakefield Personal Injury Claims
Most personal injury claims rely on proof of negligence. Evidence that others acted in careless or reckless disregard of the safety of others could lead to a personal injury claim based on negligence. In this situation, injury victims may be able to file a claim against all negligent parties to seek compensation for their injuries.
In some accidents, individuals who suffer injuries may be partially at fault themselves. This is called comparative negligence. Nonetheless, Massachusetts General Laws Ch. 231 § 85 permits injury victims to maintain claims for compensation against other negligent parties provided that the injury victims’ own comparative negligence is not more than fifty percent. Injured individuals might be able to bring a claim for damages if they were not more at fault for the accident than the other parties combined.
Accident victims must be able to prove that their injuries were caused by the other parties’ negligence. Accordingly, injury victims may only seek compensation for the negligence that is attributable to other parties. A Wakefield personal injury lawyer can explain how any damages award decreases by the percentage of fault attributable to injury victims.
Statute of Limitations in Personal Injury Claims
All personal injury claims are subject to a stringent statute of limitations, or a timeframe in which they must file their claims. With a few exceptions, under the Massachusetts statute of limitations, injury victims have three years from the date of the accident that resulted in their injuries to file their claims.
Failure to file a personal injury claim within the applicable statute of limitations could result in the dismissal of the claim. As a result, injury victims may wish to consider contacting legal counsel as quickly as possible following their accidents.
Contact a Wakefield Personal Injury Attorney Today
When a devastating accident occurs, individuals are likely to be vulnerable, overwhelmed, and uncertain where to turn. Getting legal advice in this situation can be essential to protecting your legal rights. A Wakefield personal injury lawyer can help ensure that you amass necessary evidence to support your claim and meet all crucial filing deadlines.
With a zealous legal advocate on your side, you may be a better position to obtain the compensation for your injuries that you need. You also may have the chance to hold others accountable for the wrongful behavior that caused your injuries.