Slip and Fall Accidents
A slip and fall accident can occur just about anywhere. You can slip on an icy sidewalk in front of business, or on a wet floor inside a shop. Broken bones and neck and back injuries are common in slip and fall accidents. Such injuries can leave a victim with debilitating and costly injuries and recovering compensation can be difficult. That is because the negligent parties will try to shift some of the blame on you. You can avoid this pitfall by getting legal assistance immediately.
Workplace Accidents
Accidents in the workplace can leave an employee with severe injuries, the costs of which can add up quickly. Most injuries and accident-associated costs are covered by Massachusetts’ workers’ compensation fund. However, if your claim is denied or your receive less than you deserve, you can appeal.
If you need to file a worker’s compensation claim, you need to submit a claim with Massachusetts’ Executive Office of Labor and Workforce Development and submit a formal complaint with the Department of Industrial Accidents (DIA). You can find the agency online at http://www.mass.gov/lwd/workers-compensation/ or visit a local office.
DIA Boston Office
1 Congress Street, Suite 100
Boston, MA 02114
617-727-4900
DIA Worcester Office
340 Main Street, Suite 370
Worcester, MA 01608
508-753-2072
Liability for Accidents in Massachusetts
Whether you are seeking compensation for a slip and fall, a traffic accident or another type of accident, you must prove liability before you can recover compensation. Proving liability can be difficult, so USAttorneys recommends you retain an accident lawyer in Massachusetts. They can investigate your accident and gather the evidence needed to assign responsibility.
In some cases, especially those involving road accidents or slip and fall accidents, the issue of shared liability or shared fault is likely to arise. Massachusetts uses comparative fault standard. Under that standard, if you take some blame for an accident, you will be assigned a percentage of the liability which is determined by your actions. For example, if you are not wearing a seatbelt when you are in a car crash, you could be assigned 10 percent of the blame. That percentage is then deducted from your final settlement.
Contact an Accident Attorney in Massachusetts
The first and foremost thing you need to do following an accident is to get medical assistance if you are hurt. You can find a local hospital for immediate care here: http://www.mhalink.org/AM/Template.cfm?Section=Hospital_Directory
After you get medical attention, you need advice on how to proceed with your case. Regardless of where your accident occurred, you will benefit from having legal assistance. An attorney who is well-versed in Massachusetts’ personal injury laws has the knowledge and skills needed to get you a generous settlement amount for your accident. USAttorneys can help you locate a dedicated lawyer near you to work on your accident claim.
Can a Massachusetts Attorney help with compensation after an accident involving injury?
Massachusetts lawyers are fluent in laws that support a victim’s right to compensation from an accident resulting in personal injury and property damage. State laws provide for payment when an injured party was not at fault, referred to as “damages. Personal injury lawyers are aware of an insurance company’s desire to close out claims quickly, so it is important to call legal counsel shortly after an accident involving loss. This will give an attorney the opportunity to research the case before an insurance company presents an initial settlement offer. Personal injury firms construct strong case support through:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical reports
- Hiring appropriate financial personnel to make valuations of loss
- Determining the cause of the accident
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address costs above insurance settlement awards.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. The award of money is meant to address general and special damages:
- Special economic damages may include present and future lost wages, medical bills, future medical care, household expenses and
- General non-economic damages may include pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
Massachusetts law rarely allows punitive damages that are meant to punish a defendant for egregiously bad conduct toward a plaintiff, and also to deter others contemplating similar behavior. The standard in Massachusetts is gross negligence, or actual malice and is extremely difficult to prove, with the exception of medical malpractice awards capped at $500,000.
What types of accidents result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice and car, truck, bus and motorcycle (motor vehicle) accidents in Massachusetts are at the root of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations.
Massachusetts states that personal injury lawsuits for injuries caused by negligence, or misconduct must be filed within three years from when the injury was sustained, discovered or should have been discovered through reasonable care, except for wrongful death and medical malpractice cases. An attorney can inform a claimant of pertinent filing timelines.
Motor vehicle.
If you are injured in a motor vehicle accident in the State of Massachusetts, where 360 related deaths occurred in 2018, you may have questions about how the laws will affect property damage and personal injury claims. Massachusetts is a “no fault” state with regard to car accidents, allowing individuals to seek compensation for medical costs and related damages with their own insurance company, but follows the comparative fault rule reducing damages if an injured person shares less than 50 percent of the fault, and eliminates damages for an injured person who shares 50 percent or more of the fault.
Personal injury.
If a person is hurt because of the actions, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent on proving that the individual, or entity was negligent and caused the injury and owed a duty of care to the victim, and must be filed within the three year statute of limitations.
Premises liability.
Individuals who are hurt in an accident on someone else’s property may take legal action when it was caused due to poor conditions on the property, including improper maintenance, upkeep, or negative resident, or pet interaction on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries depending on the individual policy.
Medical malpractice.
Massachusetts medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. Claims for medical malpractice must be filed within the three year statute of limitations unless there are extenuating circumstances that defer to the statute of repose. An experienced medical malpractice attorney can help with questions regarding time to file and the limitations on jury awards most commonly capped at no more than five hundred thousand dollars for pain and suffering, but each case is unique and a lawyer can update you on valuations for awards specific to your case.
Workers’ compensation.
The Massachusetts Department of Industrial Accidents and the Executive Office of Labor Force Development have a detailed process for individuals who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment causing harm.
Wrongful death.
In Massachusetts, family members, or legal representatives must file a wrongful death claim within three years from the date of the death caused by the negligent, reckless, or deliberate act of another. Damages under this section shall be recovered in an action of tort by the executor, or administrator of the deceased.
Legal action after an accident.
Massachusetts accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.
