Massachusetts Personal Injury Law Overview

Many types of personal injury cases fall under medical malpractice and motor vehicle accidents. Although the basic concepts of personal injury law are the same across the country, each state is somewhat different. It is important to understand the unique laws in your state in order to successfully pursue your case.

Compensation

If you were injured in Massachusetts, compensation may be for:

• Past and future medical expenses
• Lost wages
• Lost earning capacity
• Permanent disability or disfigurement
• Emotional distress
• Interference with family relationships
• Property damage
• Expenses incurred as a direct result of your injuries

Comparative negligence

You do not have to be completely blameless for your injuries in order to have a case in Massachusetts. Under the doctrine of "modified comparative negligence" as long as you are less than 50% responsible for your injuries, the other party at fault can be held liable for his share of the blame.

Joint and several liability

When more than one party (besides yourself) is responsible for your injury Massachusetts employs "joint and several liability," which holds each party responsible for the full amount of compensation awarded.

Negligence

In most personal injury cases you will need to prove negligence in order to prove fault. You do not have to prove that the responsible party intentionally caused your injuries, just that they failed to use reasonable care and that this failure caused your injuries.

Statute of limitations

Every state has time limits for bringing legal action called the statute of limitations. In Massachusetts, the statute of limitations for most personal injury lawsuits is three years. Certain types of personal injury cases have special rules and how the time limit is applied and calculated.

If you live in Massachusetts and think you may have a valid personal injury claim, please contact an experienced Massachusetts personal injury attorney in your area today.