Experienced Salem, MA Personal Injury Attorneys
A personal injury claim is a civil lawsuit. The underlying assumption was that the injury was caused by accident, not deliberately with criminal intent, but rather through carelessness or negligence.
Many legal disputes involving personal injuries arise as a result of automobile accidents. But, there is a seemingly endless list of causes, including but not limited to slips and falls, dog bites, and product liability. And by law, the complainant may be entitled to compensation for present and future medical bills, physical impairment and scarring, damage to property, pain and suffering, as well as lost wages.
Common Personal Injury Claims
- Automobile accidents (car, motorcycle, trucks, ATVs)
- Bicycle accidents
- Slip and fall injuries
- Premises liability
- Workers Compensation claims
Four Tenants of a Personal Injury Lawsuit
In Massachusetts there are four issues that will decide the outcome of a personal injury claim lawsuit.
- The first issue is duty. This means that it must be demonstrated that the defendant had an obligation to not allow the claimant to be injured.
- It must than be proven that the defendant was negligent. To do this, it must be shown that the defendant’s conduct did not live up to the standards expected to keep the claimant safe.
- The third requirement is to prove that this dereliction of duty was the direct cause of the injury to the claimant.
- The last requirement is to show that actual injury was the result of this train of events.
Contributory Negligence in Massachusetts
At one time, under the doctrine of “contributory negligence” it was impossible to win a personal injury lawsuit if the complainant was in any way responsible for the incident, even to the very slightest degree. Under the new guidance of “comparative negligence,” a complainant can win the suit if it is determined that the defendant bears more than half of the fault for the incident. Of course, the amount of the judgment is reduced in the proportion to the complainant’s fault.
As far as automobile accidents go, Massachusetts, as does most of the other states, requires every driver of vehicles registered in this state to insure him or herself against liability from accidents. The four required areas are medical bills for anyone in the driver’s car, the medical bills of any possible accident victim, damage to someone else’s car or property, or damage to the insured caused by an uninsured motorist.
Free Personal Injury Case Evaluations
Contact our law office to discuss your personal injury case. Our initial consultations are free.
We serve clients throughout Essex County and the North Shore region including Beverly, Danvers, Lynn, Marblehead, Peabody, Saugus, and Wenham. Call 978-744-8818.