Personal Injury Law
Personal injury law refers to the legal defenses and remedies involved in civil lawsuits filed as a result of wrongful conduct. Personal injury cases involve a private plaintiff seeking some type of compensation for harms caused by the defendant’s actions.
Most personal injury cases require the demonstration of negligence on the part of the defendant. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
Examples of negligence include car collisions caused by distracted or drunk drivers, medical complications resulting from a surgeon’s inattention, and bites that occur when dangerous dogs aren’t restrained or muzzled. For each of these examples. the responsible party ignored possible risks to others, and as a result, caused injuries to the plaintiff.
What are common types of personal injury cases?
Common types of personal injury cases are: car accident injuries, accidents on properties, medical malpractice injuries, workplace injuries and injuries caused by defective products.
Who can be held liable for personal injuries?
Before proceeding with a personal injury case, there must be at least one person or entity that is legally responsible for the damages that you suffered. Some possible defendants include:
- The person who caused the accident
- That person’s employer
- Manufacturer of product
- Business or property owner
- Government agency or entity
- Owner of item involved in accident
Who will pay my medical bills?
Following an accident or injury, many victims worry about how their medical bills will be paid. Answers to this question vary depending on your case. Your health or auto insurance policy may cover your medical costs, or they may be covered by the at-fault party’s insurance carrier. A qualified attorney can help you determine your options.
How much can I expect to recover?
A realistic figure takes time to estimate, and requires investigating many factors, such as type of sustained injuries, lost wages, medical costs, anticipated expenses, and pain and suffering. We can help you determine a fair settlement through our research and experience.
How long do I have I to file a personal injury claim in Massachusetts?
For most personal injury cases in Massachusetts, the statute of limitations is three years. This means you have three years from the date of the accident to begin your lawsuit. There are some exceptions to the rule, including lawsuits against a sheriff’s office, the Massachusetts Bay Transportation Authority (MTBA) and in hit and run auto accidents.
A personal injury attorney can help you determine the statute of limitations that applies to your situation. Beginning your complaint now can help ensure that your case will be heard.
In some cases, debilitating injuries may take months or even years to emerge, and you don’t want to face mounting medical bills with no options to recover your losses. Starting the process immediately will ensure that you’re ready to move the case forward should it become necessary.
Medical malpractice results when a health care provider causes death or injury to a patient out of negligence—by failing to act within the appropriate standard of care. A health care provider is negligent and commits medical malpractice when he or she fails to act in a reasonable way under the circumstances, and the unreasonable conduct results in harm.
Common types of medical malpractice include, but are not limited to:
- Failure to diagnose, or misdiagnosis
- Failure to disclose all known risks before treatment
- Failure to anticipate common problems in treatment
- Anesthesia errors
- Surgical injuries
- Spinal cord injuries
- Medication errors
- Child birth errors
Who can be sued under medical malpractice laws?
Any health care professional who is licensed, provides professional medical service and is in a position of trust to you can be sued for medical malpractice. This includes hospital staff, nurse practitioners or doctors. Certain lab or x-ray technicians, as well as a facility or company, may also be liable. Frequently, an ambulance company, a pharmacy, a hospital or a nursing home will be subject to tort law—in some cases a class action lawsuit.
My doctor made a mistake and admitted it. Do I have a good malpractice case?
Talk to an experienced medical malpractice attorney, who can ask the right questions and gather the details needed to understand your particular case, how the malpractice laws apply, and if you may be entitled to recover damages.
Business & Civil Litigation
Why would I need a business/civil litigation attorney?
A business attorney brings value to your company, and their fees are far less expensive than the amount you’d have to pay if you were faced with a lawsuit. An experienced business attorney can help you keep current on all regulations, forms and contracts, assist with conflicts, and negotiate terms on your behalf, freeing you to spend time on growing your business.
What are your areas of expertise in business and civil litigation?
We have the deep knowledge and experience to help you and your business navigate many legal areas: contracts, contract negotiations, taxes, business entity/incorporation decisions, real estate, intellectual property, lawsuit protection, worker’s compensation and other employee issues, construction issues, insurance code violations, partnership disputes, collections, growth strategies and more.
How do I know if I need a business/civil litigation attorney?
The specifics of each matter determine if legal action is necessary or viable, which is why we suggest that you arrange a consultation with us, where we will listen to the details of your case and offer an honest and expert evaluation. We can explain to you the expected legal process, from first steps to end scenarios, of your particular case. We want to provide you with the information you need to decide whether or not an attorney can help with your matter.