Every day in the country, people suffer unnecessary injury due to the recklessness and negligence of others. Whether it’s a drunk driver or a careless doctor, an irresponsible property owner or a greedy corporation, those who cause injury to others must be held accountable.
At The Law Offices of Jeffrey S. Glassman, our Boston personal injury lawyers fight aggressively to protect the rights of the injured, and to ensure the compensation they receive is just.
The goal of the American tort system is to grant injured persons the right to pursue compensation for the purpose of restoring them. Of course, we recognize that for many clients, life may never again be the same. Still, we aim to secure for them monetary redress that will allow them to be prepared for the next chapter.
In instances of egregious wrongdoing, we may sometimes request punitive damages, the purpose of which is not just to restore the victim, but to punish the wrongdoer (also sometimes referred to as the “tortfeasor”). These damages may sometimes be triple the original award.
Some of the various personal injury cases we take on include:
- Wrongful Death
- Catastrophic Injury
- Back, Neck & Spinal Cord Injuries
- Brain Injuries
- Burn Injuries
- Railroad Worker Injury – FELA
- Child Injuries
- Denture Cream injuries
- Hip Recalls
- Arm and hand Injuries
- Shoulder Injuries
- Nerve Injuries
- Herniated disc
- Knee injuries
- Snow and Ice injuries
- Fire and Explosion Accidents
- Construction Accidents
- Workplace violence or homicides
- Sexual Assault
- Dangerous & Defective Equipment Accidents
- Medical Treatment and Bills
- Inadequate Maintenance
- Nursing Home Negligence
- Slip & Fall
- Sports Accidents
- Dog Bite
- Toxic Tort
- Daycare Injuries
If you have been injured in Massachusetts, ours is the legal team you want on your side. We have decades of experience, ample investigatory and trial resources and a passion for protecting the rights of the injured.Winning a Personal Injury Lawsuit in Massachusetts
In order to succeed in a personal injury lawsuit, there are a number of things one must keep in mind. The first is the statute of limitations.
There is only a small window of time in which a person who is injured may file a lawsuit. That window varies depending on the nature of the claim. Generally speaking, those timelines are:
- Personal Injury: 3 years
- Wrongful Death: 3 years
- Medical Malpractice: 3 years
- Product Liability: 3 years
- Workers’ Compensation: 4 years
There are some situations in which the statute of limitations may be “tolled” or extended, but that will be the exception rather than the norm.
Although 3-to-4 years may seem like ample time, the fact is, a considerable amount of investigation may be required prior to the filing to identify all potential defendants, proper defendants and legal theories.
Additionally, depending on the defendant (i.e., medical establishment, government), requirements to notify defendant of the intention to file a lawsuit may be much more stringent.
In some injury lawsuits, a settlement may be reached before plaintiff formally files a lawsuit. Most settle prior to trial.
However, in those cases that do proceed to trial, plaintiff (the injured party) is required to show:
- Defendant owed a duty of reasonable care to plaintiff
- Defendant failed to uphold that duty of care
- Defendant failure to uphold duty of care caused plaintiff’s injury
- Plaintiff suffered damage as a result of that breach of duty
In general, we all owe a duty of care to act as a reasonably prudent person would under similar circumstances. When we operate a motor vehicle, for example, we must adhere to the speed limit and pay attention to the road in front of us. Failing to do so would be a breach of duty, and if it results in a crash that causes injury, driver could be held liable for negligence.Comparative Fault in Massachusetts
What if a plaintiff shares some degree of responsibility for his or her own injury?
This is what is known in the legal sphere as comparative fault. In some states, it’s a bar to recovery. Not so in Massachusetts, which follows the modified comparative fault rule with a 51 percent bar. Per M.G.L.A. 231 § 85, plaintiff can recover damages so long as he or she is not more at fault than defendant. So long as that is not the case, plaintiff can still recover damages, though plaintiff’s own negligence will reduce the amount of defendant’s liability.
So for example, if a jury overseeing a car accident lawsuit finds plaintiff to be 20 percent at-fault and awards $100,000 in damages, the award would be reduced by $20,000, so the total amount plaintiff may collect would be $80,000.
Our lawyers can help you determine the strength of your personal injury case before guiding you to the best course of action to maximize compensation.
Contact the Law Offices of Jeffrey S. Glassman today for a free and confidential consultation.
Call (617) 367-2900 – NO FEE UNLESS SUCCESSFUL