Personal injury means an injury to your body, mind or emotions, and it covers all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s medical negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or medical injury contact a personal injury & medical malpractice attorney for advice and guidance through complicated personal injury laws. Consider the following:
Statute of Limitations
Massachusetts sets a time limit for an individual to file a personal injury lawsuit which usually begins on the date of injury. There are a few cases where this date could shift, but nonetheless, the injured individual must keep the three-year limit in mind and seek legal advice as soon as possible.
Comparative Negligence
If an individual has an accident and is partly responsible, that person may be entitled to partial compensation by reduced damages. For instance, if someone slips on a wet floor in a grocery store while staring at their cell phone, they could still be partially compensated for any injuries.
Damage Caps
In Massachusetts, caps set for medical malpractice are only for non-economic damages. This cap is $500,000. These types of damages include pain and suffering, anxiety, and disfigurement, among others. Exceptions to this cap are if the individual suffered permanent loss or impairment of a bodily function or substantial disfigurement.
Car Accidents
Even though Massachusetts is a no-fault state, which means that if involved in an accident an individual is expected to seek compensation from their insurance company, there are exceptions here too. If an individual has died or has more than $2,000 in reasonable and necessary medical expenses or has suffered a loss of vision or hearing, a broken bone or serious disfigurement, there may be an avenue to pursue damages outside the no-fault system and the use of attorneys is the best option to get indemnization for this.
What remains clear is that even within the personal injury and medical malpractice system, there are many not so clear areas, which are best handled by a professional. Do not wade through all this on your own. A professional in this field will do the investigative work for you, obtain needed records, file claims, and work with you and the current laws to obtain the best possible outcome. If you or a loved one has suffered a personal injury, please contact our office to discuss your rights and potential compensation.
