A personal injury claim refers to a legal action taken by an individual who has suffered physical, emotional, or financial harm due to the negligent or wrongful actions of another party. A personal injury claim typically seeks compensation for the losses and damages incurred as a result of the injury.
Common reasons for personal injury claims in Massachusetts include:
Motor Vehicle Accidents: Sadly, car crashes are quite common in the state. This is why Massachesusetts has laws governing car accidents, motorcycle accidents, and other motor vehicle-related injuries. These laws typically involve determining fault, insurance requirements, and compensation for injured parties. To move forward with a case, you must prove “Duty of Care,” which establishes that the defendant owed a duty of care to the injured party. For example, in a car accident case, a driver has a duty to operate their vehicle safely and obey traffic laws.
Premises Liability: Property owners are required to maintain their premises in a safe condition. If someone is injured due to a hazardous condition on someone else’s property, they may be able to pursue a personal injury claim. For instance, Massachusetts property owners and businesses have a duty to maintain safe premises. If someone slips, trips, or falls due to a hazardous condition, they may have a personal injury claim. You’ll need to prove damages by demonstrating the extent of your medical expenses, lost wages, pain and suffering, emotional distress, and other losses.
Dog Bites: If someone is bitten or attacked by a dog, there are Massachusetts state laws that hold dog owners liable for the injuries caused by their pets. Massachusetts General Laws Chapter 140, Section 155, states that a dog owner or keeper is strictly liable for injuries caused by their dog’s bite or attack. This means that the owner can be held responsible for the injuries even if they had no prior knowledge of the dog’s aggressive tendencies, and even if the dog had never bitten anyone before.
One important exception to strict liability is if the person who was bitten was trespassing on the owner’s property or engaged in some other unlawful activity at the time of the incident. In such cases, the dog owner may not be held strictly liable.
Wrongful Death: In cases where someone dies due to another party’s negligence, Boston has laws that allow surviving family members to pursue wrongful death claims.These laws enable eligible survivors, such as spouses, children, or parents, to file a wrongful death lawsuit to recover damages for medical expenses, funeral costs, loss of financial support, and emotional suffering. In order to move your case forward, it must be established that there is a clear connection between the defendant’s actions and the harm you suffered.
Consulting with an experienced attorney is crucial for understanding how these laws apply to your specific situation and pursuing a claim. We here at 1-800-Injured can help you do so. As a medical and legal referral network, we connect our clients with experienced professionals who can help them with their unique personal injury needs.