If you’ve been injured in an accident and you believe someone else is responsible, filing a personal injury lawsuit can be the best way to receive the compensation you deserve. The state of Massachusetts has specific personal injury laws that are important to know when moving forward with your claim. When you become knowledgeable about these laws, you’ll have an easier time maximizing your settlement.
A Boston personal injury lawyer can be a great asset throughout your case. They can negotiate on your behalf and prove to the judge and jury that the defendant in your case was negligent.
Massachusetts’ no-fault insurance law dissuades many victims from filing claims, but there are still instances when you will take legal action.
All drivers in Massachusetts must carry a minimum of $8,000 in personal injury protection insurance. You can use this insurance to cover your damages in a wreck, regardless of who was at fault. However, if you suffer damages that equal more than $2,000 and the other party is at fault, then you can sue the liable party. You can also sue the liable party if you suffer a permanent injury in your wreck.
A lawsuit may be a desirable course of action because you can recover both economic and non-economic damages in court, whereas an insurance claim can only account for economic damages.
If you were less than 50 percent at fault for causing your accident, you can still pursue a claim for compensation under Massachusetts’ comparative fault law. The court will calculate your percentage of fault and deduct this percentage from your overall settlement. For example, if you’re 30 percent at fault and your settlement is $100,000, you’ll ultimately receive $70,000.
Statute of Limitations
The statute of limitations for most personal injury cases in Massachusetts is three years, which means you’ll have three years from when your accident occurred to file a claim. If you don’t file a claim within this time period, the court won’t hear your case and you won’t receive compensation.
Navigating the personal injury litigation process in Massachusetts can feel overwhelming if you’ve never done it before, which is why it’s beneficial to seek legal representation. An experienced attorney can guide you and use strategies to maximize your claim. Hopefully, once you win your settlement, you can walk away from your accident feeling closure and clarity.