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Dealing With Personal Injury Claims

Regardless of the personal injury claims, it helps to have a basic understanding of how the legal system works in these cases. To begin, it’s important to note the statute of limitation that’s in place. For residents of Massachusetts, you are granted three years (usually from the time of the accident) to file your claim. This means your best course of action is to quickly begin the claims process and not delay.

In addition to the limited time for your suit, Massachusetts has a “comparative fault” system in place. What this means is that the court will weigh how much fault falls on each party to help determine fair compensation for injuries sustained. It’s worth noting that Massachusetts does not allow recovery to a party that is more than 50% at fault for the accident. In your individual case, this can have a significant impact on your legal outcome, which is why it helps to have an experienced personal injury lawyer on your side.

Understanding Comparative Fault

As an example, let’s say you are involved in a slip and fall accident. And, fair compensation for your injuries is determined to by $100,000. Ultimately, you may not see 100% of this compensation due to comparative fault. Perhaps the accident occurred in a restaurant where a server had spilled oil. And, since there was no warning or attempt to clean the spill, the fault is placed 100% on the restaurant. In this case, you would be eligible for the full $100,000. Alternatively, let’s say the circumstances were slightly different. Perhaps the cause of the fall wasn’t oil, but instead a misplaced floor tile that needs repairing. The restaurant would be negligent for not replacing the tile. However, it is expected that you would notice and avoid tripping on the tile. In this case, maybe you were distracted as you looked at someone else’s food while walking by. As a result, they might determine that you are 10% at fault for the fall and you would only be eligible to receive $90,000 as a result. While this might be an overly-simple example, understanding comparative fault is important to navigating the legal landscape of personal injuries. Of course, certain personal injury claims have their own rules on fault, such as the no-fault laws in place for motor vehicle accidents. Massachusetts Car Accidents Under a no-fault system, Massachusetts automobile accident claims work a bit differently. Specifically, you are required to first go through your own insurance company for any accident that occurs. This means most fender benders will be handled by the individual with their own insurance. However, this does not mean you should neglect to get the insurance information of the other party. More important, if medical expenses exceed $2,000 or you suffer a broken bone or other serious injury, you are entitled to pursue a claim against the “responsible” party. As with any personal injury claim, having the right representation can help you better navigate these situations.

Massachusetts Car Accidents

Under a no-fault system, Massachusetts automobile accident claims work a bit differently. Specifically, you are required to first go through your own insurance company for any accident that occurs. This means most fender benders will be handled by the individual with their own insurance. However, this does not mean you should neglect to get the insurance information of the other party. More important, if medical expenses exceed $2,000 or you suffer a broken bone or another serious injury, you are entitled to pursue a claim against the “responsible” party. As with any personal injury claim, having the right representation can help you better navigate these situations.

Motorcycle Accidents

While the circumstances might be similar to any motor vehicle accidents, people often look at motorcycle accidents as a special type of injury claim. To begin, injuries are often more severe in these cases and often times the driver of the other vehicle can be guilty of negligence. It is especially important that you go beyond your insurance company in these instances and seek qualified legal assistance in discovering your best legal recourse.

Premise Liability This can often be considered an overarching area of personal injury law. Specifically, premise liability looks to property owners and their obligation to keep that property free of potentially dangerous instances. In some cases, a property owner can be held liable for torts that occur within the confines of their property, even if they were not directly involved with the incident.

Slip And Fall Accidents

One of the first cases that might come to mind under premise liability, Massachusetts slip and fall accidents are another common personal injury case that requires experienced legal support. Whether this occurs in your workplace or at another private location, property owners are expected to maintain a safe environment for visitors. This means you should be able to navigate the grounds without fear of injury.

Why Choose SLG?

Worker’s Compensation

A special type of personal injury that occurs when you are injured on the job, Worker’s Compensation is a serious matter. Never let your employer scare you into believing that an injury maintained on the job rests fully on your shoulders. Instead, employers are required to furnish a safe and secure working environment. Failure to do so leaves the responsibility in their court, not your own.

If you are injured on the job, you should immediately report the injury to your supervisor and properly document it. From there, you should seek out a qualified attorney for guidance on what to do next.

Covering All Personal Injury

Other injuries suffered may also fall under personal injury law in the state of Massachusetts. Specifically, medical malpractice cases are considered a type of personal injury. Another area of personal injury includes product liability, which can occur when a company manufactures a product that causes an injury.

Regardless of what sort of injury you or a loved one has sustained, it’s important you seek qualified legal representation to help you through these trying times. The court system is designed to ensure you can get fair and just compensation and with an experienced Massachusetts personal injury lawyer on your side, you can ensure you get exactly that.

Your Massachusetts Personal Injury Attorney

At the Shapiro Law Group, we work tirelessly to ensure all our clients get the one-on-one representation they need. No two personal injury claims are the same and we set ourselves apart from other law firms not only in our experience, but also in our approach. We listen to the specifics of your situation to ensure you get exactly what you are entitled to. And, when it comes to the question of whether we fight in court or settle outside, we always consider the best outcome for you, our client.

If you or a loved one have suffered a personal injury due to the fault of a business or another individual, don’t leave your recovery to chance. Instead, pick up the phone and call us at 339-298-2300 for a free consultation.

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