Worcester, MA Personal Injury Lawyer
Personal injury victims can face many hardships. Those hardships can be amplified when injuries are suffered because of another party’s careless or reckless acts. There are countless forms of negligence that can lead to personal injuries.
Fortunately, victims may pursue compensation against the parties that cause their personal injuries. There are several categories of damages available to plaintiffs in personal injury cases. The amount of damages awarded can depend on the severity of injuries suffered.
For help with your case from our personal injury lawyers, call Law Office of John J. Sheehan now at (617) 925-6407.
How Our Worcester, MA Personal Injury Lawyers Can Help
Recovering monetary damages in a personal injury lawsuit can be a complex process, as plaintiffs must satisfy several requirements when filing their cases. Furthermore, defendants and their insurance companies can employ various tactics to avoid paying the full value of plaintiffs’ claims. In light of this, our lawyers’ assistance can be very helpful when seeking compensation. Our team can provide support to victims when filing their claims, gathering evidence, proving fault, and negotiating settlements.
Filing Your Case
Numerous conditions must be satisfied when filing a personal injury lawsuit. States’ statutes of limitations establish time limits for filing certain types of cases. According to Mass. Gen. Laws Ch. 260, § 2A, a plaintiff will have three years from the date of their injury to file a personal injury lawsuit in Massachusetts. Failing to meet this deadline could cause you to forfeit your case.
Plaintiffs should not wait to file their claims. If they do, important evidence may become difficult to gather over time. For instance, eyewitnesses can become hard to reach and important documents can be lost. Therefore, you should contact our lawyers as soon as possible after an accident to begin building your case.
Furthermore, numerous other requirements must be satisfied when filing a personal injury lawsuit in Worcester. Plaintiffs must file their cases in the correct courts, pay required court fees, attach supporting documents, serve all named defendants, and avoid filing incomplete claims. Our team can help ensure you satisfy the necessary requirements when filing your case and writing your injury complaint.
Gathering Evidence
In order for a personal injury case to succeed, a plaintiff must gather evidence to show that the defendant caused or contributed to their injuries. Our lawyers may use many types of evidence to prove a defendant was at fault, such as expert witness statements, eyewitness statements, surveillance footage, photos from the scene of an accident, physical evidence from the scene of an accident, and victims’ personal recollections.
However, gathering the aforementioned evidence can be difficult. For example, parties who own pertinent surveillance footage may not cooperate with plaintiffs. Our team can help ease plaintiffs’ stress by gathering the evidence required to support their claims, like eyewitness statements. We may identify eyewitnesses after reviewing cases with victims, reading police reports, or using other investigation tactics. Setting up eyewitness interviews as soon as possible is vital, as their firsthand accounts may be valuable, especially if your case goes to court.
Appreciating Comparative Fault
Our attorneys can also anticipate how comparative fault rules might impact your case. Under Mass. Gen. Laws Ch. 231, § 85, courts in Worcester will use a modified comparative fault rule when awarding damages. This means that damages will be awarded based on a defendant’s percentage of fault. If a defendant was considered to be 60% at fault for an accident while you were 40% responsible, the defendant will be ordered to pay 60% of damages caused by the accident while you will account for the remaining 40% of damages yourself. However, plaintiffs who are considered to be over 50% at fault for an accident will be unable to recover compensation under Massachusetts’ comparative fault rules.
Accordingly, insurance companies will often attempt to shift blame for accidents to avoid paying the full value of plaintiffs’ claims. Our experienced personal injury lawyers can help plaintiffs by properly utilizing evidence to prove that defendants were at fault. We can also help victims avoid making contradicting statements that the defense might confuse for comparative negligence to ensure their maximum financial recoveries.
Negotiating
Our team can also offer assistance when negotiating for fair compensation for victims. Insurance companies wish to settle cases cheaply and quickly. Accordingly, insurance adjusters will often make inadequate settlement offers in the immediate aftermath of an accident. Furthermore, insurance companies will typically hire defense lawyers to represent their interests. These defense attorneys may use several strategies to entice low settlement agreements from plaintiffs.
Our lawyers can lean on years of experience when assessing the value of your case. By determining the true value of your case, our lawyers can advise you against accepting inadequate settlement agreements. Furthermore, our team can communicate with insurance companies and negotiate for fair compensation on your behalf.
Trying Your Case
Lastly, our injury lawyers can assist plaintiffs by representing their interests at trial. Some cases are settled before they reach this stage. However, if your case goes to trial, our team can help recover the compensation you deserve. To do this, we must meet the standard of proof for civil injury claims, which is a preponderance of the evidence standard. Simply put, we must convince the jury that the defendant is more than likely liable for your injuries. Because of this lower standard of proof, many defendants want to settle cases out of court to avoid being held liable for larger amounts by sympathetic juries. If our lawyers believe your case would benefit from going to trial rather than settling, we can help you make that decision and proceed accordingly.
Average Length of Personal Injury Cases in Worcester, MA
Personal injury cases take varying lengths of time to complete, which may ultimately depend on the involved parties’ willingness to settle, as well as other factors. Our lawyers can work for a speedy recovery without making concessions on your behalf.
Some personal injury cases take a matter of a few short weeks or months, as defendants may offer fair settlements after being faced with the evidence against them. Settling does not necessarily take less time than going to court, though you will have to wait for your case to reach the court docket before a trial can take place. If settlement negotiations are dragging on, our lawyers may use different tactics to speed up the process, like leveraging expert witness statements and other compelling evidence.
Common Types of Personal Injuries that Occur in Worcester, MA
Personal injuries can come in many forms. Plaintiffs may be compensated for any type of injury that causes them to incur damages. Some of the most common types of personal injuries that occur in Worcester include broken bones, soft tissue injuries, knee injuries, and head injuries, among others.
Broken Bones
Broken bones are a very common type of personal injury. Broken bones often happen during car accidents and when victims suffer slip and falls due to negligent property maintenance. Plaintiffs that suffer broken bones often experience physical pain and immobility for months as they recover.
Soft Tissue Injuries
Soft tissue injuries refer to sprains or strains of muscles, tendons, and ligaments anywhere in the body. Such injuries are also a common type of personal injury that occurs in Worcester, especially in the workplace. Soft tissue injuries can be physically painful and may force victims to spend time away from work, and we can seek damages for victims’ lost wages in their claims.
Knee Injuries
Victims of personal injuries in Worcester also regularly suffer knee injuries. Slip and fall accidents are a common cause of knee injuries. When victims’ knees twist or make physical contact with objects during a fall, severe harm can occur.
Head Injuries
Head injuries are another common type of personal injury that occurs in Worcester. Head injuries can arise in many forms and can occur in nearly any type of accident.
In some cases, victims may suffer harm to their sight or hearing because of damage to the eyes or ears. In more severe cases, victims may suffer traumatic brain injuries such as concussions. Our personal injury lawyers can help victims with head injuries navigate the road to recovery.
Medical Expenses Associated with Personal Injuries in Worcester, MA
Generally speaking, hospital expenses are the most concerning damages victims face after suffering injuries. The initial cost of emergency room care may be extreme in and of itself, and victims may continue incurring medical costs as they physically recover, which could be over the course of many months or years.
Emergency Room Care
After suffering broken bones, head injuries, contusions, or deep lacerations, victims may need urgent medical attention. Calling 911 and requesting help from paramedics can result in documentation of your immediate injuries and how they appeared at the scene. Paramedics can take you to the nearest hospital in an ambulance, where doctors can continue assessing and treating you.
If your injuries are somewhat unclear upon your arrival at the hospital, doctors may have to run diagnostic tests like X-rays, MRIs, and CT scans. Sometimes, victims will need surgery right away, especially if they have head, spine, or organ damage. Victims with especially serious injuries may have to remain in the hospital for days or weeks so that doctors can continue assessing them and watching for potential complications.
Because you will likely still be physically recovering at this point, our attorneys can handle requesting and compiling records from your emergency room treatment. This documentation will help us lay the foundation for your injuries. Furthermore, emergency room treatment might be the most expensive damages victims incur, so tracking these losses is crucial.
Long-Term Treatment and Rehabilitation
After being injured by another person’s negligent act, victims may need long-term medical care and treatment from specialists in order to fully recover. Rehabilitation may take weeks, months, or years, and some plaintiffs will need life-long support for which they can also seek compensation. As you continue your treatment plan and have appointments with doctors, we can track the cost of these visits, as well as any ongoing prescription medications you may have to take. This will give us a clearer indication of your total medical damages due to negligence, including potential future damages. Getting medical experts to testify can support compensation requests for upcoming medical procedures victims need for their injuries, ensuring they do not have to foot the bill for these expenses in the future.
If You Suffered a Personal Injury in Worcester, MA, Our Lawyers Can Help
For a free case review from our personal injury lawyers, call Law Office of John J. Sheehan now at (617) 925-6407.
