If you suffer serious injuries in Massachusetts due to an accident caused by another party’s negligence, you may be eligible to receive financial compensation from the at-fault party under the MA personal injury law.
These laws will be applicable whether you negotiate a settlement with an insurance provider or file a lawsuit in the court. At Shapiro Law Group, PC, our experienced Boston personal injury attorneys will work hard to protect your rights and help you obtain your rightful compensation.
Comparative Fault Rule in Massachusetts
In your personal injury case in Massachusetts, if it is found that you were partly at fault for your own injuries, the comparative fault rule will apply. Under this rule, provided your share of fault is below 50 percent, you can still recover damages from the other party in proportion to their share of the fault. But if your own fault is 50 percent or higher, you have no claim for damages against the other party.
The comparative fault rule will apply when your personal injury lawsuit reaches the trial stage. But this rule is also likely to be a part of your negotiations for an insurance settlement. Clearly, the at-fault party and their insurance company will aim to deny or reduce your damages by showing you were partly to blame for the accident.
Our skilled Boston personal injury lawyers at Shapiro Law Group, PC understand the tactics of the defendants and will collect evidence and build a strong case to ensure the at-fault parties are held fully accountable for your injuries.
“No-Fault” Rule in Auto Accident Personal Injury Cases
Massachusetts is a “no-fault state” with regard to automobile accidents and insurance. Under the “no-fault” law, if you are injured in a car accident, you are normally expected to seek financial compensation under your own insurance coverage.
However, you may pursue a personal injury claim against the other party when your case meets this threshold: your medical costs exceed $2,000, and/or you have sustained serious and permanent disfigurement, fractures, and/or loss of sight or hearing.
Considering that this injury threshold is somewhat vague (for instance, which injury can be termed as “serious disfigurement), it gives you some flexibility to negotiate whether your claim must only be confined to the no-fault system or not. Your Boston personal injury attorney should be able to create the right legal strategy to pursue maximum damages on your behalf.
Statute of Limitations for MA Personal Injury Lawsuits
The statute of limitations in Massachusetts sets the deadline for filing your personal injury lawsuit after your accident. Under this law, you have three years from the date of injury to file your personal injury lawsuit in a civil court in Massachusetts.
While the time limit usually begins from the date of the accident, but in an exceptional situation, if you sustained an internal injury that was only diagnosed much after the accident, your statutory deadline to file a lawsuit may only apply from the “discovery date.” If your personal injury claim involves a government agency of the state, county, or city, you get only two years to file a formal claim.
Massachusetts Serious Personal Injury Attorney
Section 34A of Massachusetts Law reads as follows:
“While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of compensation provided in sections thirty-four and thirty-five, a weekly compensation equal to two-thirds of his average weekly wage before the injury, but not more than the maximum weekly compensation rate nor less than the minimum weekly compensation rate.”
If you suffered an injury resulting in permanent or total incapacity, which may be colloquially referred to as a “serious personal injury,” you may be entitled to rightful compensation.
Regardless of the severity of your injury, it is important for you to speak to our dedicated Boston personal injury attorneys at Shapiro Law Group, PC, as soon as possible after your accident. Time is of the essence in these cases, and how swiftly and decisively you act will often have an impact on the final outcome of your Massachusetts serious personal injury case.
WE FIGHT FOR YOU!
When you have been involved in a motor vehicle accident and suffered injuries, you need an advocate in your corner who will look out for your rights while you focus on recovery. Our firm will give you and your case the personal attention needed so we can assess what the accident has cost you, physically and emotionally. Our firm will work to line up witnesses and experts, gather evidence, investigate the scene, and do everything we can to clearly present your side and your losses. We will work diligently to get you the compensation you need to recover and protect the future needs of your family. We also have the negotiating and litigating skills to take on the insurance company when they try to get you to settle for less than you need.
Shapiro Law Group, PC, provides ongoing support throughout the entire process so you don’t have to fight alone or ever feel in the dark about how your case is progressing. We are always accessible to our clients because we understand what is at stake. Let us handle your motor vehicle accident situation and help you get the resolution you need so you can begin to move forward as soon as possible. At Shapiro Law Group, PC, we are ready to help you.
Contact us to set up your initial consultation. (339) 298-2300.