An accident victim can suffer serious injuries or death as a result of someone else’s careless act. Boston personal injury attorney Michael O. Smith offers injury victims the aggressive and skilled legal representation they need. Mr. Smith has handled a range of personal injury matters over the course of his 15-years of practice. He has represented numerous clients at trials and negotiated settlements on their behalf. Whether your injury is the result of a car accident, dog bite, or defective product, Mr. Smith is prepared to provide you with the advocacy and guidance you deserve. Contact our office today to discuss your case.
Personal Injury Claims In Massachusetts
If you were hurt because of another party’s acts or omissions, you have the right to hold that party accountable for your injuries. By filing a personal injury lawsuit, you can hold the person or entity that caused you harm civilly liable for your injuries.
There are some key factors to consider when filing a personal injury suit in Massachusetts:
- Statute of limitations: A suit must be filed in a timely manner; otherwise, there is a risk that it will be time-barred. The statute of limitations for personal injury claims in Massachusetts is three years from the date of the injury.
- Fault: Massachusetts is a comparative fault state. It allows a personal injury claimant to recover damages so long as he or she is not more than 51 percent at fault for the injury.
A defendant may be held liable under various theories of liability, such as negligence and strict liability, but this will depend on the specific facts and nature of your case. If you can demonstrate a defendant’s liability, you can potentially recover damages for your injuries, including for amounts such as medical expenses and property damage.
Motor vehicle accidents, such as car and truck accidents, are the basis for many personal injury claims. A person who is injured in a motor vehicle or traffic accident can often base their claim on a theory of negligence. For example, a driver may fail to yield the right-of-way to a pedestrian and cause an accident. If the pedestrian is injured, he or she can hold the driver liable for injuries under a negligence claim. He or she would have to establish the elements of negligence: duty of care, breach of the duty of care, causation, and damages. Under this standard, if the victim can prove that the defendant’s careless conduct (or failure to fulfill their duty to exercise reasonable care) caused their injuries, they can prevail in a claim for damages.
Certain victims, such as bicyclists or motorcyclists, are more vulnerable to catastrophic injuries in an accident. Even if these victims partially contributed to their injuries, under Massachusetts law they may still recover damages to the extent that their proportion of fault does not exceed 51 percent.
Injuries While On Another’s Premises
If you were hurt on someone else’s property, you may be able to hold the property owner liable for your injuries. Massachusetts property owners owe a duty of reasonable care to anyone that is lawfully on their property. They must maintain their property in a reasonably safe condition, and warn against any dangers. An owner who fails to exercise this duty can be held liable under a theory of premises liability.
A product manufacturer or seller can be held accountable for injuries caused by their defective product. The defect may be in the design, manufacture, or marketing of the product. Generally, a product is defective if it is unreasonably dangerous to a foreseeable user.
Compensation And Recovery Of Damages
You may be able to recover economic and non-economic damages in a personal injury lawsuit. This can include compensation for your medical expenses, lost wages, pain and suffering, and property damage. If a person suffers a fatal injury, certain relatives may be able to file a wrongful death suit to recover for medical bills, burial expenses, and loss of consortium.
Dedicated Legal Representation
Michael O. Smith is a Boston personal injury lawyer with significant experience representing accident victims. He advises clients on their rights, negotiates with insurers, and advocates for his clients’ interests at trial. Mr. Smith is committed to providing individualized services to his clients, and to specifically addressing the needs of each particular case. He serves clients throughout the greater Boston area. Call us at 617-263-0060 or contact us online to schedule an initial consultation at no cost to you.