At Jeffrey Glassman Injury Lawyers, our Boston personal injury lawyers fight aggressively to protect the rights of the injure and to ensure the recompense they receive is just .Winning a Personal Injury Lawsuit in Massachusetts To succeed in a personal injury lawsuit, several things must be kept in mind. The first is the legislative act of limitations. There is only a little window of prison term in which a person who is injured may file a lawsuit. That window varies depending on the nature of the claim. by and large speaking, those timelines are :
- Personal Injury: 3 years
- Wrongful Death: 3 years
- Medical Malpractice: 3 years
- Product Liability: 3 years
- Workers’ Compensation: 4 years
There are some situations in which the codified of limitations may be “ toll ” or extended, but that will be the exception preferably than the average. Although 3-to-4 years may seem like ample prison term, the fact is, a considerable measure of probe may be required before the charge to identify all likely defendants, proper defendants, and legal theories. additionally, depending on the defendant ( i.e., checkup establishment, government ), requirements to notify the defendant of the purpose to file a lawsuit may be much more rigorous.
In some injury lawsuits, a colony may be reached before plaintiff formally files a lawsuit. Most settle before trial. however, in those cases that do proceed to trial, the plaintiff ( the injured party ) is required to show :
- Defendant owed a duty of reasonable care to the plaintiff
- Defendant failed to uphold that duty of care
- Defendant failure to uphold the duty of care caused the plaintiff’s injury
- Plaintiff suffered damage as a result of that breach of duty
In general, we all owe a duty of caution to act as a sanely prudent person would under exchangeable circumstances. When we operate a drive vehicle, for exercise, we must adhere to the speed limit and pay attention to the road in front of us. Failing to do thus would be a rupture of duty, and if it results in a crash that causes injury, the driver could be held liable for negligence .Comparative Fault in Massachusetts What if a plaintiff shares some degree of responsibility for his or her injury ? Sharing fault is what is known in the legal sphere as relative demerit. In some states, it ’ s a stripe to recovery. not so in Massachusetts, which follows the change comparative fault rule with a 51 percentage barroom. Per M.G.L.A. 231 § 85, the plaintiff can recover damages so retentive as he or she is not more at fault than the defendant. then long as that is not the case, the plaintiff can hush recover damages, though the plaintiff ’ mho negligence will reduce the amount of the defendant ’ sulfur indebtedness. so for model, if a jury overseeing a car accident lawsuit finds plaintiff to be 20 percentage at-fault and awards $ 100,000 in damages, the award would be reduced by $ 20,000, so the total total plaintiff could collect is $ 80,000.
Our lawyers can help you determine the potency of your wound subject before guiding you to the best course of carry through to maximize compensation. Contact Jeffrey Glassman Injury Lawyers today for a unblock and confidential consultation. Call (617) 777-7777 – NO FEE UNLESS SUCCESSFUL
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