Those injured in accidents due to the action or inaction of another person may be able to file a lawsuit to receive compensation for your injuries. It should be noted, though, that the state of Massachusetts has certain laws regarding these personal injury lawsuits that could greatly affect the outcome of a claim.
You could have your questions about your legal options answered by speaking to a Somerville personal injury lawyer. A dedicated and experienced attorney could know these laws, as well as the relevant timeframes and potential sources of compensation applicable to your case. En Español.
Every state has their own statute of limitations for when personal injury lawsuits may be filed. In Massachusetts, that timeframe is three years for most personal injury lawsuits, a period which typically begins on the date of the accident, or at the point when the accident victims discover the injury they sustained.
Anyone injured due to another’s negligence should always attempt to speak with a Somerville personal injury lawyer about the potential timeline for their case. A personal injury attorney in Somerville could offer advice on the statute of limitations and whether the date of their accident or date of discovery falls within that timeframe.
Like the rest of Massachusetts, Somerville is governed by comparative fault rules, which can affect how much compensation an injured person receives after an accident. Under comparative fault, an accident victim can be assigned a percentage of fault if they were partly to blame for an accident that injured them. If they are then awarded compensation, that compensation would be reduced by the percentage of fault they were assigned.
When a person is more than 50 percent at fault for an accident, they are not entitled to any compensation under the comparative fault rules. In Somerville courts, this comparative fault rule must be applied if a personal injury lawsuit makes it to trial, but it may also be a consideration during insurance settlement negotiations. For more information about comparative fault, reach out to a Somerville personal injury lawyer.
Somerville courts adhere to no-fault auto insurance standards, which means that when two or more people are involved in an auto accident, each must go through their own insurance company in order to claim accident benefits. Typically, this no-fault system prohibits accident victims from filing a personal injury claim for additional compensation.
However, there are some exceptions to this. When a person incurs more than $2,000 in medical expenses as a result of an accident, they can often file a lawsuit. In addition, there is an injury threshold that may also allow accident victims to seek compensation if they suffer serious disfigurement due to an accident. The threshold also includes broken bones and loss of hearing and/or sight.
There are few caps, or limits, on the amount of compensation a plaintiff may receive after an accident in Somerville, with the sole exception of medical malpractice cases. When a medical professional is found to have been negligent in such a way that their behavior caused injury to a patient, that patient may only seek up to $500,000 in non-economic damages, such as pain and suffering.
Again, though, there are exceptions to this compensation cap, such as when the plaintiff suffers a substantial or permanent loss of a bodily function, serious disfigurement, or other injuries that would suggest a person they would be unjustly deprived of deserved compensation.
There are many laws surrounding personal injury lawsuits in Somerville, and many of them could greatly affect any case in which you were injured due to someone else’s negligence. If you were in an accident and sustained serious injuries, a Somerville personal injury lawyer could represent you throughout your entire case while pursuing a positive result on your behalf. Call today to schedule a consultation and get started on your case.