Framingham Personal Injury Lawyer
When you suffer a personal injury due to the fault of another person, you should take the steps necessary to obtain any and all compensation owed to you. Accidents requiring payment for damages can encompass a variety of incidents, such as motor vehicle collisions, slip and falls, and workers’ compensation cases.
However, in order to file a successful compensation claim, it may be wise to consult with a professional injury attorney before taking legal action. A Framingham personal injury lawyer could sit with you to review the facts of your accident and inform you of the most effective strategy for achieving a favorable outcome.
Statute of Limitations for Civil Action
Each state establishes statutes of limitation for civil action. Some states allow plaintiffs only a year to file a claim. Others permit claimants to take five or more years to submit their complaint. Complying with the statute of limitations is extremely important. After the given deadline expires, claimants may have no legal remedy.
Per Massachusetts General Laws Chapter 260 § 2A, the statute of limitations for personal injury cases is three years. This law provides no exceptions to the three-year limitation. For this reason, it is essential that complainants contact a Framingham personal injury lawyer immediately. The process of filing a formal complaint can be lengthy, but with the help of an attorney, eligible claimants can expedite the process.
Potential Obtainable Damages in a Personal Injury Case
Massachusetts allows for claimants to recover economic and noneconomic damages following instances of personal injury. Proving economic damages are fairly straightforward because these expenses are usually documented in invoices and receipts. They can include property damage to vehicles, medical expenses, and time off work.
The difficult job of an attorney is proving that these economic losses are the direct result of the actions of the defendant. Proving causation is essential to successful civil action.
Noneconomic damages are more abstract in nature and are difficult to calculate. These damages take the form of loss of consortium, loss of services, trauma, and undue pain and suffering.
A Framingham personal injury lawyer can be invaluable in demonstrating how the actions of the defendant caused significant damages on the part of the plaintiff.
Impact of Contributory Negligence
Each state sets different thresholds for plaintiff negligence. In some states, an individual with even one percent of fault in an incident that causes personal injuries would be barred from filing a suit. In Massachusetts, that threshold is far greater. First, the jury must assign the plaintiff a percentage of the total fault in the incident. Per M.G.L. Chapter 231 § 85, individuals who are 50 percent or less liable may have their case heard in court.
According to the contributory negligence laws in Massachusetts, claimants who successfully recover damages in their case would forfeit a percentage of their award when they have contributory negligence. The percentage of contributory negligence is deducted from their total recovered damages as a penalty.
A significant percentage of personal injury cases involve two parties with shared liability in the incident. In these cases, it is especially important that the plaintiff work with a Framingham personal injury attorney to present a strong argument.
Hire a Framingham Personal Injury Attorney to Help You
Most people who suffer a personal injury do not have the legal know-how to file a claim and litigate the claim in front of a jury. Thankfully for these individuals, there are local attorneys who can fervently assist in large and small personal injury claims.
When personal injury losses happen, claimants can feel anxious for the future. For many, choosing a lawyer only adds to the anxiety. By hiring a Framingham personal injury lawyer, you can be confident that a local attorney with legal experience is representing your interests in the courtroom. To get started on a case, schedule a consultation today.