Boston Personal Injury Lawyer
The Boston personal injury lawyers at TorkLaw offer legal representation, help and advice for people who have sustained an injury due to the negligence of another person or entity. A personal injury can be a daunting experience. It not only leaves you with physical pain and suffering but can also cause mental anguish and significant financial strain.
This is why we aim at helping you recover a fair compensation for your injury-related losses. When filing a personal injury claim in Boston, it is important to understand the local legal landscape. Here is a look at various aspects of personal injury claims.
Boston Personal Injury Statistics
A huge number of personal injuries are recorded across the state of Massachusetts every year. In 2014 alone, the total number of hospital stays caused by personal injuries was recorded at 72,581. According to official figures, injuries are the third leading cause of death across the state. More than 3500 people lost their lives in personal injuries during 2014 alone. The fatal workplace injuries recorded in Boston-Cambridge-Newton area in 2018 numbered at 60.
Road accidents remain a leading cause of personal injuries in Boston. In 2015, the city had 4,367 road crashes with non-fatal injuries. The total number of road-related fatalities remained fairly low, with 10 fatalities reported in 2018.
Common Types of Personal Injuries
A personal injury is virtually any harm to your being that you may suffer due to the intentional or unintentional negligence of another person. Following are some common types of personal injuries:
Car Accidents: Car accidents remain one of the leading causes of personal injuries. Car crashes typically involve injuries as well as property damage. When you file a compensation claim after a car accident, you essentially seek damages to cover all losses emanating from the injury. These typically include the medical costs of the injury, lost wages, property damage as well as pain and suffering.
Motorcycle Accidents: Motorcycles stand apart from other vehicles in that crashes involving motorcycles have a higher rate of serious injuries and death. In 2016, 2,017 motorcycle accidents occurred across Massachusetts. Of these, 42 proved fatal while injuries were sustained in 1,635 accidents. In a fairly large number of cases, it is the negligence of the other driver that causes the crash. Injuries in motorcycle accidents are usually serious to critical.
Pedestrian Accidents: A total of 680 pedestrian accidents occurred in Boston in 2018 alone. Pedestrian accidents typically result in serious or fatal injuries as a pedestrian is very vulnerable against an automobile. When you suffer an injury as a pedestrian, you can seek damages from your own insurer, as Massachusetts is a no-fault state. However, you can also seek damages from the at-fault driver in the case of more serious injuries.
Wrongful Death: If you have lost a loved one due to the deliberate actions of a person or entity, you can seek wrongful death damages. It is important to consult Boston personal injury lawyers when filing such a claim. This is because wrongful death lawsuits can be quite complex as the right and share of the survivors of the deceased must be clear before compensation is paid.
Product Liability: A problem with the design, manufacturing or marketing of a consumer product can lead to injuries to the consumer. If you have suffered such injuries as a consumer, you can seek compensation from the retailer, manufacturer, marketer or another entity directly responsible for the defective product.
Slip-and-Fall Accidents: Premises injuries such as slip-and-fall accidents are covered by the Massachusetts personal injury laws. So if you suffer such an injury in Boston, you may be entitled to a fair compensation. You can consult Boston personal injury lawyers to get a rough estimate of the compensation you can expect in a slip-and-fall claim.
Massachusetts Personal Injury Laws
When it comes to personal injury claims, a number of state laws apply. This is why it is critically important to be informed of these legal requirements and meet them when filing a claim. Below is a look at the key laws that apply in personal injury cases.
Statute of Limitations: Massachusetts has a three year statute of limitations for personal injury cases. This means that if you suffer a personal injury in Boston, you must file a claim for compensation within three years from the date of the injury. If you file a claim after the three year period has expired, the court is almost certain to dismiss your claim.
Comparative Fault Rule: When it comes to the fault in a personal injury accident, Massachusetts uses a comparative fault rule. According to this rule, the fault is distributed among the parties involved in accordance with their proportion of negligence. You can recover damages as long as your fault is less than 50%. However, if your fault is found to be 50% or more, you are no longer eligible to receive any damages. This rule affects the compensation amount even if your claim doesn’t go to a court. The insurance companies will determine your compensation by carefully considering your share of the fault.
No-Fault In Auto Accident Cases
Massachusetts is a no-fault state when it comes to car accidents. This means that if you are hurt in a car crash, you must seek compensation for your damages from your own insurer. However, exceptions exist where you are allowed to go outside of the no-fault system. For instance, if your medical expenses exceed $2,000 or you suffer a serious injury that results in permanent damage, disability or disfigurement, you may be able to seek compensatory damages from the at-fault driver.
Why Hire Boston Personal Injury Lawyers?
Personal injury cases involve a variety of legal complexities and considerations. When you file a claim for compensation, you must understand these complexities and meet the relevant requirements at the same time. This can be a daunting thing when you are on your own.
The good news is that here at TorkLaw, our experienced attorneys can help you with preparing, filing and winning a personal injury claim. Call us now to discuss your injury with our lawyers in a free consultation session.