Understanding the Laws Surrounding Personal Injury Claims in Boston

According to a report by the Bureau of Justice Statistics, back in 2005, personal injury claims accounted for a significant portion of contract, property, and tort cases, making up 60% of the total. It’s worth noting that only a small fraction of these claims ever see the inside of a courtroom. In fact, statistics show that a mere 5% of all personal injury claims end up in litigation, underscoring the importance of pursuing alternative avenues for resolution. 

Personal injury claims in Boston can arise from various situations, including car accidents, slip and fall accidents, medical malpractice, and product liability cases. Regardless of the cause, it’s essential to understand the laws surrounding personal injury claims in Boston to ensure that you receive fair compensation for your injuries.

Statute of Limitations

One of the most critical laws to understand when it comes to personal injury claims in Boston is the statute of limitations. This refers to the time limit within which you must file a claim after suffering an injury. In Massachusetts, the statute of limitations for personal injury claims is three years. It’s essential to file your claim within this period; otherwise, you risk losing your right to pursue compensation.

Comparative Negligence

Massachusetts follows the doctrine of comparative negligence. This means that if you are partially responsible for your injury, your compensation may be reduced. For example, if you were in a car accident and were found to be 20% at fault, your compensation may be reduced by 20%. It’s important to note that Massachusetts is a modified comparative negligence state, which means that if you are found to be more than 50% responsible for your injury, you may not be able to recover any compensation at all.

Types of Damages

When pursuing a personal injury claim in Boston, you may be able to recover economic damages and non-economic damages. Economic damages include medical expenses, lost wages, and property damage, while non-economic damages include pain and suffering and emotional distress. Massachusetts law also allows for punitive damages in certain cases, which are intended to punish the wrongdoer and deter similar conduct in the future.

Types of Personal Injury Cases in Boston

Personal injury claims in Boston can arise from a variety of situations, including:

• Car Accidents: Car accidents are a common cause of personal injury claims in Boston. These claims can involve drivers, passengers, and pedestrians who are injured in an accident caused by another driver’s negligence.
• Slip and Fall Accidents: Slip and fall accidents occur when a person slips or trips and falls on someone else’s property due to a hazardous condition, such as a wet floor, uneven surface, or poor lighting. These types of accidents often result in serious injuries, such as broken bones, head injuries, and spinal cord injuries.
• Medical Malpractice: Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected of them, resulting in harm to the patient. Examples of medical malpractice include misdiagnosis, surgical errors, and medication errors.
• Product Liability: Product liability claims arise when a defective or dangerous product causes harm to the user. These claims can involve anything from defective car parts to faulty medical devices.
• Workplace Accidents: Workplace accidents can occur in any industry and can result in serious injuries or even death. These claims may involve falls from heights, burns, or exposure to hazardous materials.

Working with a Personal Injury Lawyer

Navigating the legal process of a personal injury claim in Boston can be challenging, especially if you’re recovering from injuries. This is where a personal injury lawyer can help. An experienced attorney can help you understand your legal options, negotiate with insurance companies, and fight for the compensation you deserve. At Swartz & Swartz, our team of personal injury lawyers in Boston has decades of experience representing individuals who have suffered personal injuries.

Alternative Avenues for Resolution

While personal injury claims in Boston can result in litigation, it’s worth noting that only 5% of all personal injury claims end up in court. Pursuing alternative avenues for resolution, such as settlement negotiations with an insurance company or mediation, can be a faster and more cost-effective way to obtain compensation for your injuries. An experienced personal injury lawyer can help you explore all of your options and determine the best course of action.

Conclusion

Personal injury claims in Boston can arise from various situations, and it’s essential to understand the laws surrounding them to ensure that you receive fair compensation for your injuries. Knowing the statute of limitations, comparative negligence, types of damages, and the importance of working with a personal injury lawyer can help you navigate the legal process and obtain a favorable outcome. Pursuing alternative avenues for resolution can also be a viable option. At Swartz & Swartz, we have the experience and expertise to help you with your personal injury claim in Boston. Contact us today for a consultation.

Frequently Asked Questions

What are the most common types of personal injury claims?

The most common personal injury claims include motor vehicle accidents, slip and fall incidents, medical malpractice, product liability, and workplace accidents. These claims typically involve injuries to a person’s body, mind, or emotional state due to the negligence or intentional actions of another party.

How can a personal injury lawyer help me?

A personal injury lawyer can help you by providing legal representation and advocacy for your rights and interests, negotiating with insurance companies, gathering evidence to support your claim, and pursuing fair compensation for your damages. 

What kind of damages can I recover in a personal injury claim?

In a personal injury claim, you may be able to recover various types of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. The specific damages that you can recover will depend on the circumstances of your case and the laws in your state.

How long do I have to file a personal injury claim in Boston?

In Massachusetts, the statute of limitations for personal injury claims is generally three years from the date of the injury. However, there may be exceptions to this rule depending on the type of claim and the circumstances involved.