A Quick Guide To Personal Injury Law In Massachusetts

Because personal injury cases are so varied, it isn’t uncommon for states to have slightly different policies and laws in place. The idea is that the events which are considered more likely have necessary procedures in place to make lawsuits a little easier.

On the other hand, certain policies do not cover less frequent events as well. This can make the process more challenging, but it is worth remembering that these events are less frequent. This is a guide to the personal injury laws in Massachusetts, and how they may differ from those in your state.

Comparative Fault

Firstly, it is worth acknowledging that personal injury legal cases are not always caused by the other party. In some cases, there is some fault from the injured party as well as the other person who was involved in the incident.

The laws surrounding personal injury in Massachusetts state that damages will be reduced if the injured person in question shares less than 50% of the blame. If the injured person shares 50% or more of the blame, then the damage is actually eliminated.

This policy is usually taken into consideration when a lawsuit progresses to the trial stage, or during insurance negotiations. For more information about the role of comparative fault when dealing with a personal injury lawsuit, you could plan to visit Res Mini Law Offices.

Dog Attack Cases

Dog Attack Cases
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Another way in which the law is a little different surrounding personal injury cases in Massachusetts is when it comes to dog attack cases. While the policy in most states uses the ‘one bite rule’, the legal system in Massachusetts states that owners are entirely responsible for their dogs’ behavior.

There is no regard for their past behavior, and the owner is liable for personal injury caused by their dog to others. This means that dogs need to be controlled at all times in public spaces in order to prevent them from injuring someone and causing legal complications as a result.

Cases of dog violence are taken very seriously by the legal system in Massachusetts, and it is worth being aware of the strict policies in place. Make sure you are abiding by the rules and training your four-legged friend correctly when they are young. This can avoid serious legal complications and even fatal consequences as a result.

Car Accidents

There is a no-fault system when it comes to vehicle accidents in Massachusetts, which is reflected in the insurance policies available to drivers. The specification for personal injury remains somewhat open-ended, however.

This means that there is some room for negotiation when appropriate in order to protect yourself or someone else financially. Personal injury as a result from a car accident is slightly more flexible than other policies surrounding personal injury laws in Massachusetts.

The most common type of personal injury case involves an accident or some sort of negligence on behalf of another person. This could be something like a car accident where someone was at fault.

If you were injured because of the actions of another person, then you may be able to file a lawsuit against them. If you were hurt by someone else’s negligence, then you may be entitled to compensation for your injuries.

Lawsuit Deadlines

Most states have their own time restrictions when it comes to filing a lawsuit after a personal injury. In Massachusetts, people are given a three-year window in order to do so. This is usually considered to be three years after the accident occurred, unless a latent injury is detected after the initial events.

After this time period, there is very little that you can do if you want to have your personal injury case heard by the court. It is also worth remembering that you will need to file a formal claim within two years if you are going against a city or government agency, and three years from the accident to file the lawsuit itself.

Once the deadline has reached, the state of Massachusetts is very strict about denying most lawsuits. Because of this, it is critical that you get your case filed as soon as possible. This can ensure that you are getting the closure needed to move forward with your life, as well as the financial means to do so.

Medical Malpractice Cap

Medical Malpractice Cap
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There is also a limit to the amount that can be reached during a personal injury lawsuit following medical malpractice. Non-economic damages currently have a cap of $500,000 in Massachusetts. With some exceptions, the legal system sticks to this when handling any case of medical malpractice.

Medical malpractice occurs when a doctor fails to provide adequate care to their patients. There are many reasons why doctors fail to provide adequate care, including lack of correct equipment, under-staffing, or insufficient funds from the health board.

Common instances include misdiagnosis, injuries or illness resulting from poor hospital hygiene, or further injury or stress caused by being let down by a medical professional or specialist. Unless the amount can be proven to deprive the injured person of a just result, the cap is generally used when it comes to handling personal injuries.

Summary

There are many ways in which the legal system varies between the states, and Massachusetts is no exception. While some policies are a little more flexible when it comes to handling a personal injury claim or lawsuit, others can be considerably more strict.

This comes from the increased numbers of dog violence victims and the stigma which exists surrounding particular breeds. In order to give a fair and objective view, the legal system has a very strict one strike rule, which applies to personal injuries caused by dogs.

Other ways in which the state of Massachusetts has their own spin on the legal system surrounding personal injuries is the lawsuit deadlines, comparative fault policies, and medical malpractice cap.

There are an interesting selection of regulations and exceptions to these policies, however. It is certainly worth taking a closer look into the different rules and how they may differ from your state.

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