When it comes to personal injury claims in Boston, MA, there are several important factors that lawyers need to be aware of. Understanding these key points can help lawyers effectively navigate the complexities of personal injury cases and provide the best possible representation for their clients.
1. Statute of Limitations
One crucial aspect of personal injury claims is the statute of limitations. In Massachusetts, the statute of limitations for most personal injury cases is three years from the date of the accident or injury. However, certain circumstances may alter this timeframe, such as cases involving medical malpractice or claims against government entities. It is essential for lawyers to be aware of these variations and ensure that claims are filed within the appropriate time limits.
2. Comparative Negligence
Massachusetts follows a comparative negligence system, which means that the compensation awarded to the injured party may be reduced based on their own degree of fault in the accident. For example, if the injured person is found to be 20% at fault, their compensation will be reduced by that percentage. Lawyers need to carefully assess and present evidence to establish their client's level of fault and minimize any potential reduction in compensation.
3. No-Fault Auto Insurance
Massachusetts operates under a no-fault auto insurance system. This means that regardless of who is at fault in a car accident, each party's own insurance company is responsible for covering their medical expenses and certain other damages. However, there are exceptions to this rule, such as accidents resulting in serious injuries or medical expenses exceeding a certain threshold. Lawyers should be well-versed in the intricacies of the no-fault system to effectively advocate for their clients.
4. Damages and Compensation
Personal injury claims seek to recover damages suffered by the injured party. These damages can include medical expenses, lost wages, pain and suffering, and more. Lawyers must gather relevant evidence, such as medical records, expert testimonies, and financial documents, to accurately calculate the full extent of their client's damages. Skillful negotiation and presentation of this evidence are crucial in securing fair compensation for the injured party.
References:
Massachusetts General Laws, Chapter 260, Section 2A
Massachusetts Comparative Negligence Law (M.G.L. c. 231, § 85)
Massachusetts Division of Insurance - No-Fault Auto Insurance
By understanding these essential aspects of personal injury claims in Boston, MA, lawyers can effectively represent their clients and help them receive the compensation they deserve.