Justia Lawyer Rating
Badge - Massachusetts Bar Association
Badge - 2014 Top 40 Lawyer Under 40 ASLA
Badge - American Bar Association, Defending Liberty Pursuing Justice
Badge - American Association for Justice
Badge - Avvo Rating 10, Michael O Smith, Top Attorney
Badge - BBB Accredited Business
Badge - 10 Best Client Satisfaction, American Institute of Legal Counsel
Badge - Massachusetts Academy of Trial Attorneys
Badge - Rated by Super Lawyers 2019

Catastrophic Injuries

Serious Legal Representation for Accident Victims in Boston

Accident victims can sometimes sustain injuries so severe that they have a long-term, or even lifetime, impact on their physical and financial wellbeing. Michael O. Smith is a Boston personal injury lawyer who understands how difficult it can be to move forward after suffering a catastrophic injury. Mr. Smith has helped victims in a number of personal injury matters pursue claims against those who caused them harm. He can provide you with compassionate legal guidance, while aggressively pursuing your rights against the parties responsible for your injuries. Contact us today to discuss your case.

Catastrophic Injuries in Accidents

Accidents can cause serious and catastrophic injuries. Whether it is a dog bite or a chain-reaction truck crash, catastrophic injuries result from a variety of circumstances. Some of the more severe injuries include:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries, which can result in tetraplegia or paraplegia
  • Burns
  • Loss of limb
  • Disfigurement
  • Death

Catastrophic injuries have a significant human and economic cost. The Centers for Disease Control estimates that TBIs account for one-third of all injury-related deaths. The National Fire Protection Association attributed a yearly average of 209 deaths, 764 injuries, and hundreds of millions in property damage to motor vehicle fires between 2006 and 2010. According to the National Spinal Cord Injury Statistical Center, anywhere between 238,000 to 332,000 Americans live with a spinal cord injury. Their lifetime cost can be in the millions, depending on the severity of the injury and the victim’s age.

Liability for Catastrophic Injuries

Catastrophic injuries are often the result of preventable accidents. If you were hurt in an accident, you can seek compensation for your injuries by filing a personal injury lawsuit against those who harmed you.

A victim of personal injury can hold a defendant accountable under several theories of liability. The nature of the accident and the defendant will help determine which theories are viable in a particular case. These theories may include:

  • Negligence. If a person owed you a duty of care, you can file a claim under negligence. You would have to establish that the defendant breached his or her duty of care and that the breach caused your injuries and damages. This theory may apply to pedestrians or motorists injured in car crashes.

  • Strict liability. In certain cases, a defendant will be liable regardless of whether he or she owed a duty or breached it. A plaintiff in a dog bite case, for example, can hold the dog owner strictly liable in Massachusetts without having to show the owner was negligent.

  • Breach of warranty. Products in Massachusetts must be fit for safe consumption and use. A plaintiff may hold a manufacturer or seller liable in a product liability claim if a defect anywhere along the chain of a product’s design or manufacture causes injury.

If more than one party caused you harm, you can hold the parties jointly and severally liable for your injuries. Massachusetts allows a plaintiff to recover total damages from one party, regardless of its proportion of fault. It is then up to that party to seek contribution from any other person or entity responsible for the plaintiff’s injuries.

Seeking Compensation for Your Injuries

Catastrophic injuries can leave a victim with months or years of medical care, and unable to work. You may seek compensation for your injuries from those who caused you harm. You can recover for your past and future medical expenses, such as those for rehabilitative care or surgeries. You can also recover for your lost income, future wages, property damage, and any pain and suffering.

If your loved one died as a result of their injuries, you can potentially recover damages for their funeral and medical bills, loss of consortium, and more through a wrongful death claim.

Tenacious Legal Advocate

Boston personal injury attorney Michael O. Smith will fight for your right to fair compensation for your injuries. Mr. Smith is a seasoned personal injury attorney with years of experience representing clients in a wide range of injury cases. He has advocated for his clients at trials, and aggressively negotiated with insurers. He handles each case personally, and will provide you with the representation that is appropriate for your case. Call our office at 617-263-0060, or fill out our online form to schedule a no-obligation consultation. We serve clients from our offices in Boston.

Client Reviews
★★★★★
"Tyler Langlais, an attorney at Mass Injury Group, handled my personal injury case in a most professional manner, and I was very pleased with the settlement he obtained for me. My case was pursued efficiently and expediently. Tyler kept me informed of progress each step of the way. I would recommend him highly to anyone who suffers the misfortune of a personal injury." Ed N
★★★★★
"A 35 year old traffic warrant for popped up when I applied for a DL in a new state. For a flat fee these guys helped me resolve the issue in a timely fashion. Dan Gallant was my main contact and he was fantastic. Lots of clear communication and follow through." Eric Jennings
★★★★★
"Top notch lawyer. Responsive to emails. Worked hard to get the settlement in a Worker's Comp case that was fair and equitable. Helped me navigate how the games that they played. Would recommend that others seek Michael for assistance in your cases as well. A good lawyer on your side is a must. A+." Jason Arroyo
★★★★★
"Tyler Langlais esq., quickly litigated and settled my case. He was extremely professional, down to earth, and very smart. I would recommend Tyler and his team of law professionals to all family and friends of mine." Jim DeStefano
★★★★★
"Attorney Michael Smith was very accommodating. I hate traveling into the city dealing with traffic, so he met me locally. He negotiated a fair settlement and I'm satisfied with his counsel." Myrienne