How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that the someone else (the defendant) is at fault for your injury. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. Some common personal injury claims are as follows:
Animal Bites
Assault & Battery
Aviation Accidents
Motor Vehicle Accidents
Premises Liability
Dangerous or Defective Products (alcoholic beverages, apparel, chemicals & cosmetics, food, machinery, tools, motor vehicle defects, pharmaceuticals and recreational products)
Property Damage
Railroad Accidents
Slip and Fall
Wrongful Death
Do I need an Attorney?
If you have been injured or are unsure as to the outcome of your injury, then an attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. Medical problems caused by personal injury may not be fully recognized for months or even years after an accident. Losses from medical bills, decreased earning potential, and many other problems can pile up unexpectedly. Our firm offers FREE INITIAL CONSULTATIONS and WE WILL TRAVEL TO YOU anywhere in Massachusetts.
What does an Attorney cost?
Our firm charges a contingent fee of one-third of the amount recovered plus costs and our firm will often advance the outside costs of preparing your case. If our firm is unsuccessful, we are not paid an attorney's fee.
If I make a claim, will I have to go to court?
Many personal injury claims can be settled through negotiation, mediation or arbitration, without you having to go to court. However, some cases may require that you participate in legal proceedings.
How long do I have to make a claim for Personal Injuries?
Every claim for personal injury has a statute of limitations. The statute of limitations is a time frame in which you have to file a lawsuit. Statute of limitations differ in regard to the kinds of lawsuits involved. In general, the statute of limitations for personal injury cases in Massachusetts is from one to three years; however, i n some cases, the law requires you to take action in as little as thirty (30) days from the date you were injured. If you fail to file your claim correctly, or are not in strict compliance with the statute of limitations your rights to recovery may be lost.
What financial compensation can I get in a personal injury claim?
Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.
Medical bills
Lost Earning Capacity or Wages
Pain & Suffering
Physical Disability or Incapacity
Disfigurement and scarring
Emotional Trauma
Mental Anguish
Loss of Enjoyment of Life
Loss of Love & Affection
Loss of Relationship with a Family Member
Mental Disability
Property Damage
All out of pocket expenses
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. Generally your case cannot be "valued" for settlement until you have reached a medical end result so that your doctor can predict the future of your medical condition.
What should I do if I have been injured?
First, you should seek treatment with a doctor. Whether you have a personal injury claim or not, obtaining immediate medical treatment should be your first priority to prevent against further long-term health problems. Then, collect as much physical evidence as possible. It is important to obtain names, addresses and telephone numbers of witnesses, all parties and their statements involved which may be crucial in both establishing liability of the negligent parties as well as proving the nature, extent and cause of your injuries. Take photographs of the accident site as well as taking photos of your injuries. If a product is involved secure the product or obtain photographs depicting the product and it's defect as soon as possible.
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