Posted on March 28, 2018 in Personal Injury
Personal injury is when an individual suffers injuries or damage as a result of the negligence or carelessness of another. A personal injury claim is then filed to recover damages in the form of money and depending on the strength of the case, the claim may be approved or rejected.
In legal terms, personal injury law is a set of remedies that assists in cases regarding wrongful conduct. Unlike criminal law cases, personal injury law does not include the government taking the prosecution’s stand and following the person implicated in negligence; instead there is a plaintiff who seeks out compensation depending on the damage caused.
Typically, a personal injury case will be based on the level of negligence or wrongful conduct presented. Unless the negligence is proved, receiving compensation can be difficult. Further, the compensation amount in a personal injury cases is usually negotiated with an agency, such as an insurance company, if the accident was caused by a motor vehicle.
Success in receiving money or compensation depends on how well the negotiations are conducted and also on the understanding of the costs involved in compensating damage of a similar nature. Also, personal injury claims have a deadline for filing, which is calculated from the original time of the accident, also termed as statute of limitations.
How does personal injury law differ in MA?
In case you face injury while in the state of Massachusetts, you should have some understanding of the laws in MA that apply to personal injury claims.
Massachusetts has a three-year period within which an individual can file a personal injury claim. Once this deadline has lapsed, the right to be heard, or present the case in court is lost. In a case where the injury is not apparent at the time of the accident, but surfaces later, the statute of limitations will be applicable from the time of the surfacing of the injury or damage.
If the case is a fairly simple one, there may be quick settlement. But in some cases, the involved parties may need to take it to the court. This happens when negotiation talks break down or the defendants refuse to pay.
In MA, the deadline is different for claims filed against government agencies.
Under this statute, the accident is analyzed for negligence and some part of the resulting injury is also attributed to the victim. For example, in a slip-and-fall case, the victim could have been a bit more careful in studying the surroundings or simply paid more attention. Thus, some percentage of the blame will be assigned to the victim, say 15%. Conditions of the floor where the accident occurred will be taken into account. Was it being mopped? Was it wet? If yes, were the appropriate signs put up? Did the victim neglect to read these? Depending on the extent of warnings, negligence on the part of owners of the premises where the accident occurred, will be calculated.
If the victim’s fault is found to be more than 50%, there will be no compensation provided.
If for example, injury occurs on a wet floor, the one cleaning or mopping it at the time and who was negligent in putting up the correct warning sign out may not have enough money to pay compensation. In this case, the negotiation will have to focus on the owner of the property where the accident occurred.
MA personal injury laws are also strict in car accident liability cases. Compensation must come from the victim’s own insurance provider, except if the liability is very high (approximately above $2000) or the injuries are of a very serious nature.
On the other hand, in the case of dog bites, it is the owners who are responsible for injuries caused, unless the victim was found to be trespassing on the property or bothering the animal.
Whether it is about determining the extent of injuries or proving liability, or determining the compensation amount, a personal injury lawyer who is conversant with MA law as well, can assist you if you are facing personal injury in the state of Massachusetts.
Starting right from preparation to deciding to pursue liability, a professional can help guide you such that you stand a better chance of winning your claim and receiving compensation for trauma suffered.
Legal Rights Advocates, PLLC is a law firm that helps clients who are facing issues related to personal injury settlements in MA, including the need to file a lawsuit. Our team of attorneys, over the years, has helped countless clients understand their case better, guided them on the application process, and helped them win largely successful outcomes.
If you are interested in learning more about how a personal injury settlement works, call us at (888) 656-7675 for immediate assistance.