You can suffer an injury in Massachusetts as a result of someone else’s negligence. In this instance, you can request compensation from the person responsible for your injury. To do so, you can partner with a personal injury law firm that puts your best interests front and center.
At DiBella Law, we believe that every case is personal. Your Massachusetts personal injury lawyer is here to help you get the compensation you deserve. For more information, please reach out to us for a free consultation.
Why People File Personal Injury Claims in Massachusetts
In a personal injury lawsuit, one party claims that another harmed them. You can file a lawsuit if you suffer a major or minor injury due to another person’s negligence. Some of the reasons why people submit injury claims include:
Car Accidents
A negligent motorist can cause a collision. After your car accident, it pays to know how Massachusetts law applies and how a Massachusetts car accident lawyer can help you. Because when you do, you can submit a claim against the at-fault driver and request compensation from them for any injuries you incurred.
Motorcycle Accidents
In the Commonwealth, motorcyclists’ safety is a top priority. Yet, drivers sometimes ignore motorcycle riders, which can lead to accidents. If you are riding your motorcycle and get injured due to a negligent motorist, you can sue the at-fault driver for damages.
Nursing Home Abuse
Approximately one in six people aged 60 or older have reported some form of abuse in community settings in a given year, according to research from the World Health Organization (WHO). If you or a family member is the victim of nursing home abuse, hold the at-fault party accountable. You can file a lawsuit against any negligent parties who contributed to your abuse.
Dog Bites
If a dog owner is not watching their pet carefully, the animal can get loose and hurt people. It is a dog owner’s responsibility to handle their pet according to General Law – Part I, Title XX, Chapter 140, §155. Therefore, if a dog bites and injures you, you can sue the animal’s owner with the help of a Massachusetts dog bite lawyer.
The team at DiBella Law understands personal injuries and why they occur. We encourage you to connect with our personal injury attorney in Massachusetts. That way, we can help you submit a claim against anyone responsible for your injury.
Give us a call today to discover how we can assist you.
When to File a Personal Injury Claim in Massachusetts
In Massachusetts, you have up to three years to submit a personal injury claim according to General Law – Part III, Title V, Chapter 260, §2A. The statute of limitations cannot be extended unless extenuating circumstances apply. If you suffer an injury and do not file your lawsuit within a three-year period, you may be prohibited from doing so at a later date.
Your personal injury lawyer in Massachusetts will make sure that your lawsuit is filed promptly. Initially, they will learn about your injury and why it happened. We will gather plenty of information from you as we try to determine if you have a powerful case.
We will be honest and direct with you. If you have a compelling argument, we will encourage you to seek the most compensation possible. We will work with you to build an argument designed to show a judge or jury that you deserve this amount.
Common Injuries Victims Sue For
When you are wondering whether you have the right to file a personal injury claim, it is important to consider your injuries. You may be able to sue for certain types of injuries more often than others. Examples of injuries our clients have dealt with include:
- Post-traumatic stress disorder (PTSD)
- Whiplash
- Head and neck injuries
- Soft tissue injuries
- Paralysis
- Traumatic brain injuries
- Lacerations and contusions
- Septic shock from infection
- Compound fractures
- Hip, knee, shoulder, wrist, and leg breaks
- Concussion
- Back injuries
- Spinal cord injuries
- Dental and facial trauma
You may have concerns that your injuries are not “severe enough.” However, the type of injury is not as important as the impact of your injuries. If your injuries have dramatically affected your life in any way, do not hesitate to contact DiBella Law for the support you need when you need it most.
How Much Money You Can Get in a Personal Injury Lawsuit
You can request economic and non-economic damages in your lawsuit. Economic damages can be awarded due to your medical bills, lost wages, and other quantifiable losses. Comparatively, you can get non-economic damages for pain, suffering, and other subjective losses.
There is no cap on the amount of economic compensation that you can request in Massachusetts injury claims. In most cases, you can ask for any amount of non-economic damages as well. However, there is a cap of $500,000 in non-economic damages that can be awarded in Massachusetts medical malpractice cases per General Law – Part III, Title II, Chapter 231, §60H.
We will work with you to calculate your damages. Ideally, your personal injury attorney in Massachusetts will have a track record of great case results. We will apply our legal knowledge and insights to your case and help you get the maximum amount of compensation.
Punitive Damages in MA Personal Injury Claims
You may also wonder whether punitive damages could be a part of your personal injury lawsuit. The truth is that punitive damages are not awarded in most personal injury claims. However, they are possible under Massachusetts General Law – Part III, Title II, Chapter 229, §2 when the liable party’s actions led to the wrongful death of the victim.
The court system must feel strongly that the defendant’s actions were intentionally malicious or grossly negligent. The Commonwealth must find additional punishments appropriate beyond the compensatory damages the defendant will be required to pay you. Therefore, punitive damages are rarely possible, and you should never plan for them unless your legal representative tells you otherwise.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
What to Expect After You File Your Personal Injury Lawsuit
We can answer frequently asked questions and many others about legal topics. We will make sure that you are fully supported at each stage of your litigation. Leading up to your trial, we will help you build a body of evidence.
The evidence that you present during your trial can make or break your case. Your personal injury lawyer in Massachusetts looks at photos, videos, medical bills, and other pieces of evidence. We determine what pieces of evidence will make it clear to a judge or jury that the defendant was negligent and that you should be awarded full damages.
Along with gathering and evaluating evidence, we prepare you for your trial date. We explain the possible case outcomes and what can happen when you take the stand. We remain accessible before your trial date and will ensure that you can enter the courtroom feeling confident about your case.
Get in touch with us today to get a free consultation.
How a Personal Injury Case Gets Resolved without a Trial
As you get ready for your trial, the defendant in your lawsuit may have concerns. If the defendant is not confident in their case, they may propose a settlement. In this scenario, it is beneficial to go over a settlement offer with your legal advocate at DiBella Law.
We can explain if an injury settlement is taxed and address any other concerns you have about it. We can discuss the potential ramifications of any decision you make regarding a settlement offer. If a settlement proposal is well short of what you could get if you go to trial, we will let you know.
Do not rush through the process of deciding on a settlement offer. This helps you avoid a rash decision. Ultimately, if you review a settlement and decide against it, you can continue with your litigation.
Massachusetts Personal Injury FAQ
Enduring a debilitating injury can seem impossible. When recuperating, the last thing you want to deal with is a lawsuit or an advantageous insurance company. Fortunately, with a skilled Massachusetts personal injury attorney on your side, you do not have to go through it alone.
DiBella Law prioritizes our clients’ needs. We recognize how overwhelmed and confused you must be at this point in your life. For that reason, we have crafted a quick FAQ answering some commonly asked questions surrounding the personal injury claims process below.
You may have additional questions we do not cover on this page. If this is the case, you are not without legal options. Contact our office to request a free consultation so we can give you the personalized care your case deserves.
What Does It Mean to Live in a No-Fault Insurance State?
Living in a no-fault insurance state means you file a claim with your own insurance company after an accident. Massachusetts is a no-fault state in accordance with the Massachusetts Division of Insurance. All motorists are required to carry personal injury protection PIP coverage.
This offers protection for certain types and amounts of damages no matter who is responsible for causing the accident. However, if you are found liable for an accident, the insurance company could file a subrogation claim against you. Have your legal advocate negotiate with the insurance company on your behalf so you can protect your settlement and maximize your compensation.
What Will Happen if I Am Partly Liable for the Accident?
Sharing liability for the accident could have a significant impact on the outcome of your case. Massachusetts is a modified comparative negligence state under Part III, Title II, Chapter 231, §85. This means if your portion of blame exceeds the threshold, you could be prohibited from recovering a settlement.
Having a powerful legal professional advocating for your rights is crucial in cases like these. Defendants like to attempt to capitalize on these laws to reduce their financial liability. But when you are involved in an accident that was not your fault, you should be compensated for your damages.
If you are partially to blame, expect your settlement to be reduced. The amount that will be deducted depends on your percentage of blame. For example, if you were 25% at fault, you would be entitled to 75% of your awarded settlement.
Can I Afford to Hire a Personal Injury Attorney in Massachusetts?
At DiBella Law, we make it possible for all injury victims to afford to hire a lawyer. You are already struggling to cover your expenses. You should not have to tap into what little savings you have, borrow against your 401(k), or take out a home equity loan to cover the costs of an attorney.
For this reason, we work with our clients on contingency in accordance with General Law – Part III, Title II, Chapter 231, §60I. This means there are no out-of-pocket expenses you need to worry about. You do not need to pay for any of the costs that arise as we move forward with your personal injury claim either.
We only get paid if we win. There is no risk to you in reaching out to a Massachusetts personal injury lawyer for help. If we win your case, a percentage of your award will go towards our attorney’s fees.
Should I Accept a Settlement Offer from the Insurance Company?
Do not make the mistake of hastily accepting a settlement offer from the insurance company. You should always review insurance company offers with your lawyer first. This is because you may not understand the terms of the settlement offer.
For example, the insurance company may be offering a lump sum settlement. This may be tempting, particularly if you have astronomical expenses that need to be covered. However, the terms may state that accepting the lump sum settlement prevents you from taking legal action in the future.
If your injuries worsen or you require additional medical care due to injuries related to the accident, you will no longer have the right to pursue compensation from the insurance company. Some insurance adjusters will also engage in bad faith tactics, such as delaying processing, refusing to investigate claims, or misrepresenting policy terms. If you get a settlement offer from the insurance company, take it to your lawyer, who can offer legal guidance and advice about how to proceed.
Get Started with Your Personal Injury Claim Today
DiBella Law is a trusted choice for personal injury claims in Massachusetts. Our team can take a look at your case and help you sue anyone who caused your injury. Please contact a top-rated Massachusetts personal injury attorney at our firm today to request a free consultation by phone or through our quick contact form.
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