Personal Injury in Massachusetts

From car accidents and workplace injuries to dog attacks and more, if you’ve been injured in the state of Massachusetts, it’s important to know specific state laws that can apply to your  situation. In fact, personal injury laws can vary widely from state to state. For example, the “statute of limitations” for filing a personal injury lawsuit in a Massachusetts civil court is three years. Once this three-year statute is up, a lawsuit can no longer be pursued. Whether you decide to file a lawsuit in court or you are working to pursue a settlement with an insurance company, knowing the law can save you both time and money.

Car Accident Cases in Massachusetts

When it comes to auto insurance claims and car accidents, Massachusetts is a “no-fault” state. This means that anyone who is injured in a car accident is expected to seek compensation by their own insurance provider. Of course, there are exceptions to this rule and each case must be individually assessed.

Dog Bite/Attack Cases in Massachusetts

Often referred to as the “one bite” rule, across many states in the U.S., dog owners are protected from injury liability the first time their dog injures someone. However, the law in Massachusetts is more strict. In fact, a specific statute makes the owner “strictly liable.” This means that, regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by his or her dog.

Of course, personal injury cases can come about from a variety of different situations. From slipping in a grocery store to getting injured in the workplace, if you believe another person or organization is at fault then you have the right to take legal action.

In Massachusetts, there are four elements to negligence often used by courts to determine a defendant’s negligence and liability:

• Was the defendant responsible for owing a duty of care to the plaintiff, including preventing reasonably foreseeable injuries?
• Did the defendant breach their duty?
• Did the defendant’s actions cause the plaintiff’s injury? (And was it a reasonably foreseeable injury that the defendant was responsible for preventing?)
• Can the plaintiff’s injury be compensated with economic or noneconomic damages?

Personal injuries can be categorized as actual bodily harm, pain and suffering, and even emotional distress. According to U.S. government statistics, only 4-5% of personal injury cases actually go to trial. The majority of cases are settled out of court, with the help of knowledgeable lawyers. Personal injury cases can sometimes be quite difficult to prove, but the following evidence can help:

• Police reports
• Eye witnesses
• Medical records
• Video/audio recordings
• Photographs

If you are injured in Massachusetts, the more evidence you have, the better your chances of receiving financial compensation– especially because some laws are much more stringent than others. Keep in mind that the law is made to protect both the injured party as well as the person or organization being accused– you’re case may not be as clear cut as you may think.