The topic of the day is Massachusetts personal injury law!
If a third party’s willful or careless act results in your injury in Massachusetts, you must recognize the various state statutes that may impact any personal injury claim you may file.
These laws cover the time limits to bring different personal injury claims, and the caps on the amount of money you can get in court.
Additionally, it also governs the particular regulations that govern lawsuits against certain types of damage. Including, dog bites and car accident injuries.
However, there are several mistakes that people make. These can impact the compensation amount that you get.
And if that is what you want to avoid, having a Massachusetts Personal Injury Law Guide is exactly what you need! So, keep reading till the end…
Massachusetts Personal Injury Law Mistakes You Must Avoid
Image Title: Massachusetts Personal Injury Law Mistakes
1. Admitting Fault Or Apologizing
2. Delaying Medical Treatment
3. Accepting The First Settlement Offer
4. Posting On Social Media
5. Missing Legal Deadlines
6. Failing To Document The Scene
Now that you have a better idea about what the Massachusetts personal injury law is about, here are some mistakes that you should avoid:
1. Admitting Fault Or Apologizing
In Massachusetts personal injury law, uttering phrases like “I’m sorry” or “I didn’t see you” at the accident scene is a big mistake. People might take it as an admission of guilt.
As a result of Massachusetts following the rule of modified comparative negligence, your award will be decreased by the percentage of your fault.
Additionally, if you are more than 50% responsible, you may be prevented from recovering anything.
2. Delaying Medical Treatment
Secondly, by postponing even a few days before getting medical assistance, you provide insurance companies with a chance to say that your injuries have nothing to do with the accident or that you are exaggerating the injuries.
In Massachusetts, medical documents that come right after an accident constitute vital proof. They show that these that the injuries were the result of the incident.
3. Accepting The First Settlement Offer
Often, insurance adjusters will come up with a quick, low settlement before you even realize the full extent of your injuries. These include long-term physical therapy or future lost wages.
If you decide to settle and sign the agreement, you usually give up all the rights to claim any further damages, even if your condition deteriorates.
4. Posting On Social Media
Next, insurance companies and defense attorneys are looking for evidence that contradicts your claims.
They can use a photo of you, which seems innocent, at a family event or a “feeling better” update to argue you are not really facing any injury. It is advisable to deactivate your accounts until the case is over.
5. Missing Legal Deadlines
Massachusetts has very strict statutes of limitations (usually three years for the majority of personal injury claims), and missing them means that your case is permanently dismissed.
Furthermore, some claims, like those against government entities, require much earlier formal notice.
6. Giving Recorded Statements Without Counsel
Adjusters are trained to ask focus questions. This is something that can trick you into giving inconsistent answers or minimizing your pain.
You do not have to give a recorded statement to the opponent’s insurance company right away. It is more prudent to have a lawyer handle all the communication.
7. Failing To Document The Scene
Finally, it is extremely important that you are able to document everything clearly. And as soon as possible. Most people fail to do that.
Our memories are not always reliable, and physical evidence rapidly disappears. Therefore, always document the scene. Takes things like:
- Take Photos: Document car damage, road surfaces, and your injuries.
- Report the Accident: Do not hesitate to dial 911 so that the police can arrive and create an official report, which will be a neutral account of the event.
- Gather Witnesses: You should get the contact details of anyone who was present at the time of the accident.
Statute Of Limitations For Massachusetts Personal Injury Law
Under Massachusetts personal injury law, three years from the injury date is the typical statute of limitations for most personal injury claims.
Such a deadline generally covers the majority of tort cases, like car accidents, slip and falls, dog bites, etc.
Key Deadlines By Claim Type
Even though the three-year rule is the general standard, in a few exceptional cases, the law fixes a different time limit:
- Personal Injury (Typical): Three years from the day the accident took place.
- Wrongful Death: Three years from the date the person died.
- Medical Malpractice: Normally, 3 years after harm is known, with a maximum of 7 years from the act of malpractice (exception being foreign objects).
- Government Claims: Written notice is required within 2 years, and the complaint must be filed within 3 years.
- Road Defects: A municipality must be notified in writing within 30 days of the claim.
- UM/UIM Insurance Claims: People generally treat them as contract actions. Hence, the statute of limitations for these is usually 6 years.
Important Exceptions
The statute of limitations may be halted or lengthened under some situations:
- Minors: Usually, the limitation period starts on the day they turn 18. So, they have until they are 21 to sue. However, the medical malpractice exception for a child under six who has until that child’s ninth birthday changes this.
- Mental Incapacity: If the injured party is mentally incapacitated, the statute of limitations may be suspended.
- Discovery Rule: When an injury is hidden, the limitation period starts at the date a person knew or should have known about the injury.
- Defendant’s Absence: If the offender spends time outside Massachusetts, that time may not be counted in the limitation period.
Having a clear understanding of whether the person you’re claiming against is a government entity or a private individual is very important. This is because it impacts the notification requirements.
What To Do If You’ve Been Injured Due To Someone Else’s Negligence
Image Title: Things To Do After Injury In Massachusetts
- Get Medical Care
- Report The Incident
- Gather Evidence
- Consult A Lawyer
If you feel that someone else’s negligent behavior has resulted in your injury, and you may be able to file a personal injury lawsuit against this person, make sure to take the following precautions to safeguard your legal rights:
Get Medical Care
Firstly, even if you think your injuries aren’t serious enough to justify a doctor’s visit, you should still see a doctor right away.
In any case, when you get medical attention, you create a record of your injuries, no matter their severity.
Report The Incident
Secondly, no matter if your accident was a car crash, a slip and fall, or a work-related mishap, you need to make a report of the incident to the proper authority.
It might be a police officer, your employer, or some other similar authoritative entity.
Gather Evidence
Thirdly, if it is safe and can be done without difficulty, try to collect as much evidence as you can. Photograph your injuries, the accident scene, and any property damage.
Also, get witness statements and their contact details, and keep all the medical records and receipts.
Consult A Personal Injury Lawyer
Finally, you should speak to a personal injury lawyer with experience in the relevant field as soon as you can after the incident.
They will evaluate your case, ensure you meet all your deadlines, and guide you through the legal process.
When Massachusetts Limits A Plaintiff’s Potential Compensation
Injuries suffered by a person in a personal injury case may be considered as:
- Economic losses: These are the types of losses that can be quite easily put into dollars. For instance, one may think about the cost of medical treatment or the loss of salary when a person is unable to work due to the injury.
- Non-economic losses: A person’s pain and suffering are considered to be less tangible harms. These types of damages are quite a lot more challenging to translate into a specific dollar amount.
Generally, Massachusetts does not limit the amount of compensation that a plaintiff may be awarded for their economic and non-economic damages in a majority of personal injury cases.
This does not imply that a judge or jury is totally at liberty to throw out any amount of money they feel like.
Plaintiffs have to substantiate their economic damages, and there are non-economic damages that should be considered.
However, like lots of states, Massachusetts separates the rules for medical malpractice case damages.
According to the state law, non-economic damages compensation cannot exceed $500,000 for plaintiffs in these cases.
