Mass Injury Group provides aggressive legal representation in personal injury lawsuits, as well as workers' compensation claims and Social Security Disability claims. Attorney Michael O. Smith and his legal team have over 40 years of combined legal experience helping accident victims pursue compensation in connection with car crashes, truck accidents, motorcycle accidents, slip and falls, and other accidents. He is dedicated to providing vigorous representation to each client, looking at each case carefully to determine what the appropriate remedies may be. As a Boston workers’ compensation lawyer, he also considers whether it may be possible to obtain workers' compensation or SSDI benefits under the circumstances.
Most personal injury lawsuits are rooted in the concept of negligence. To establish negligence, you must show that the defendant owed you a duty of care, they failed to meet the duty of care, and this caused the accident. A modified comparative negligence rule applies in Massachusetts, which means that your damages will be reduced by your percentage of fault for the accident, if any. However, if you were 50% or more at fault, you will be barred from recovering damages. This is one area in which retaining an experienced attorney can make a big difference. You have three years to bring a personal injury lawsuit in Massachusetts after the date of an accident.
Massachusetts is a "no-fault" state, which means that if you are injured in a car accident, you are expected to ask for compensation through your own coverage first. However, you cannot recover noneconomic damages in a no-fault claim. The state requires drivers to carry $8,000 in no-fault or PIP coverage. In order to seek compensation beyond your no-fault coverage, you must have more than $2,000 in reasonable medical bills or have suffered a permanent and serious disfigurement, loss of vision or hearing, or broken bones. If your injuries permit you to go outside the no-fault system, you can sue the at-fault driver in a personal injury lawsuit or third-party car insurance claim and go after compensation for all types of losses, including noneconomic damages. If you were injured in a car accident on the job, meanwhile, a Boston workers’ compensation attorney can help you pursue benefits.Truck Accidents
Truck accidents can result in people in smaller vehicles suffering catastrophic injuries, such as paralysis, amputations, burns, disfigurement, and brain damage. Sometimes a negligent truck driver is to blame for a collision. Truck drivers can breach the duty to use reasonable care by speeding, texting, failing to check blind spots, taking turns too quickly, drunk driving, and fatigued driving. Interstate truck drivers are likely to be found negligent if a violation of the Federal Motor Carrier Safety Administration (FMCSA) regulations causes injuries to others. After a truck accident, it is important to look at all possible sources of compensation, such as trucking companies and manufacturers.Motorcycle Accidents
Motorcyclists often suffer very serious injuries after getting into a collision with a larger vehicle. Common reasons for motorcycle accidents include cars making left-hand turns and colliding with a motorcyclist who has the right of way, driving under the influence, speeding, drivers following a motorcyclist too closely, and dangerous road conditions. In Massachusetts, there is a strict helmet law in place, and failing to wear a helmet can affect how severe a head injury is. However, riders still may suffer severe injuries even if they are wearing a helmet. Michael O. Smith can help you gather the medical evidence that you need to prove your damages.Workers' Compensation
If you suffer an injury or illness at your workplace, you may be able to obtain workers' compensation benefits. Injuries may include broken bones, repetitive stress injuries, illnesses from exposure to toxic substances, spinal cord injuries, vision loss, and traumatic brain injuries. In Massachusetts, the state requires employers to provide all employees with workers' compensation insurance coverage. Workers' compensation benefits include medical expenses, disability benefits, scarring and loss of function benefits, and vocational rehabilitation. When a worker dies as a result of a work-related illness or injury, their dependents may be able to obtain death benefits.Premises Liability
Property owners and occupiers in Massachusetts must keep their property in a reasonably safe condition for lawful visitors. Generally, property owners and occupiers owe a duty of reasonable care to people who are lawfully on the property. They also may owe an elevated duty to child trespassers. Many premises liability lawsuits arise out of injuries to customers at a business, such as slip and fall accidents. In these cases, the business owner owes a duty to keep the property in good repair and to warn customers of unreasonable dangers of which the business is aware or should reasonably be aware. If you were injured in a slip and fall on the job, meanwhile, you can consult a Boston workers’ compensation lawyer to help you pursue benefits.Product Liability
If you are injured by a dangerous or defective product, you may be able to recover compensation through a product liability lawsuit. Generally, a product can be defective in terms of its design, manufacturing, or marketing. If there is a design defect, it will be found in every specimen of a product because it is a flaw in the design of the product. However, when there is a manufacturing defect, there has been a flaw in the manufacturing process, and only a limited number of products or perhaps just one specimen of the product will be defective. In most cases, marketing defects involve a failure to warn about the product's dangers. Product liability lawsuits in Massachusetts usually require retaining experts to discuss the nature of the defect and explain why it led to the accident and the victim’s injuries. If you were injured by defective tools or equipment on the job, meanwhile, you can contact a workers’ compensation lawyer at our Boston firm to file a claim for benefits as well as a third-party personal injury claim.Social Security Disability
If you become disabled such that you cannot work for a minimum of 12 months, you may be eligible for Social Security Disability Insurance or Supplemental Security Income. The Social Security Administration administers these programs. If you are able to obtain SSDI payments, they will be based on how much you paid in FICA taxes while at a job. However, they can vary depending on such factors as whether you are single or married. Many people who are eligible to receive SSDI benefits are initially denied, so you should not be discouraged if you receive a denial of your initial claim. If you believe that you have been unfairly denied, you have 60 days from the date of the denial letter to appeal.Consult an Experienced Personal Injury or Workers’ Compensation Lawyer
In addition to being painful, it can be stressful and expensive to suffer serious injuries in an accident. Most people do not have enough saved up in case they need to obtain emergency care, surgical care, or hospital attention for injuries. Expenses for catastrophic injuries may go beyond physician and hospital bills and may include medical equipment, therapy, rehabilitation, alterations to your home, and even nursing care. If you were injured on the job or in an accident caused by someone else, you may be able to recover damages or benefits, or both. Michael O. Smith represents clients throughout Massachusetts. Call him at 617-262-0060 or use our online form to set up an appointment with a workers’ compensation attorney in the Boston area or discuss a personal injury or Social Security Disability claim.