Personal Injury Law in Massachusetts
The state of Massachusetts requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
In Massachusetts, comparative negligence law is in effect. This means that even if the suing party’s recklessness played a part in the incident they are still entitled to compensation as long as the other parties involved were more reckless. However, the amount of compensation that is allowed to be dispersed all depends on how reckless, if at all, the suing party acted. If there are multiple parties involved in the incident they are each responsible to pay the compensation due based on how big of a part they played in the wrongdoing.
In the case of a consumer product personal injury lawsuit, Massachusetts has a products liability rule. In order to win a personal injury lawsuit in these kinds of cases in Massachusetts, the plaintiffs must prove that the product was flawed or had a lack of warnings, which caused the consumer harm and damaged them in a substantial way.
Defendants in a personal injury lawsuit are responsible for a number of things in most cases. For example, they are responsible for any payments made by the plaintiff relating to the personal injury case that is underway. The defendant is responsible for any funds lost by the suing party, any personal property damage, any bodily injuries or permanent personal damage, any pain either physical or emotional, and any other costs due to the personal injury lawsuit at hand, not including attorney’s fees which are paid out of the total settlement amount.
The statute of limitations in Massachusetts for personal injury cases is three years, meaning that if there is no lawsuit filed within the first three years after the incident then there cannot be a lawsuit. Consult a qualified Massachusetts Personal Injury Attorney to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities in Massachusetts: