If you have suffered an injury in Boston, filing a personal injury claim may be the last thing that you’re thinking about – most people assume that hiring an attorney and pursuing a legal action is way too expensive, complicated, and time consuming. The truth, however, is that following an injury, filing a personal injury claim and working with an experienced Boston personal injury lawyer may be the only way to recover the compensation that you need to pay for your losses. Consider the following important information you need to know about Boston personal injury law–
Proving Negligence and Understanding Comparative Negligence
A personal injury lawsuit relies on the legal theory of negligence in order to hold a defendant (an at-fault party) liable for a plaintiff’s (victim) damages. In order to prove negligence, a plaintiff must prove each of the four elements of a negligence claim, including that: the defendant owed the plaintiff a duty of care, the defendant breached the duty of care, the breach was the cause of the plaintiff’s injury/accident, and the plaintiff suffered damages as a result.
It is important to remember that Massachusetts also maintains a comparative negligence rule, which holds that while plaintiffs who contributed to their own injuries may still recover compensation for harm suffered, this compensation will be reduced in proportion to their degree of fault. This means that proving the negligence of the other party–and that your injuries would not have occurred but for such negligence–is especially important.
Types of Damages Available
The purpose of filing a personal injury claim is to recover compensation for the damages that you have incurred. There are two major types of damages: actual damages, also called compensatory damages, and punitive damages. Within the category of compensatory damages, two types of actual damages exist:
Economic damages, which are damages to compensate you for actual economic losses, such as medical bills and lost wages; and
Noneconomic damages, which compensate you for your intangible losses, such as the value of pain, suffering, and emotional distress.
Punitive damages are not designed to compensate you; instead, they are designed to punish the defendant for actions taken against you.
Statute of Limitations
Finally, all plaintiffs must bring for their personal injury suits within the state’s statute of limitations, which is three years from the date that the injury occurs. The failure to bring forth a claim within three years is a bar to recovering damages.
Contact Our Boston Personal Injury Law Attorney Today
At the offices of Tetzel Law, LLC, our Boston personal injury law attorneys are here to help you understand your rights when you have been injured, and the Boston personal injury laws that will affect your right to recovery. If you are harmed, please contact our law firm for a free, no obligation consultation where we can discuss your case. We work on a contingency fee basis, which means you never owe us unless we win! Call (617) 933-3858 today.