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Boston Personal Injury FAQ

If you’ve sustained an injury due to someone’s negligence, call Cutler & Associates. We offer free case reviews to see if you’re eligible for compensation. You've been injured due to someone's negligent actions. This traumatic event has left you with unanswered questions. At Cutler & Associates, our mission is to empower you with direct responses to your most pressing legal questions. The questions and answers below help provide you the clarity you need as you consider how to proceed with your claim. If you need more guidance, please call us now to speak with a Boston personal injury lawyer about your case for free.    

What Is Personal Injury?

A personal injury case is a dispute which arises when one person is harmed or injured due to someone else’s negligence or intentional actions, and they seek compensation for that harm. This harm can also include emotional and psychological damage. A personal injury may be an injury resulting from a car accident, an unsafe workplace, a faulty product, or a medical mistake. If you have experienced a situation like this, taking legal action may be the right step to recover compensation.

What Are the Common Causes of Personal Injuries?

Personal injuries unfold in unexpected moments. The root causes of these incidents reveal the hidden hazards present in our daily lives. Here are the causes behind most personal injury cases:
  • Traffic Accidents: Auto accidents cause the most personal injuries. Busy intersections, congested rush hours, and sometimes unpredictable New England weather contribute to collisions involving cars, motorcycles, bicycles, and pedestrians.
  • Slip and Falls: Boston's changing seasons bring beauty as well as slip-and-fall dangers. Icy sidewalks in winter and wet leaves in fall create treacherous pedestrian conditions. Slips and falls can also occur indoors, such as when a grocery store has a wet floor with no warning to patrons, or when a staircase was improperly constructed.
  • Workplace Injuries: Boston has a diverse economy, ranging from construction to technology startups, and this can sometimes present a variety of workplace hazards. Job-related injuries range from falls to equipment-related accidents. For this reason, Massachusetts law requires employers to carry workers' compensation insurance. A personal injury claim may be appropriate in certain circumstances where a third party was negligent.
  • Recreational Accidents: The city's parks, waterways, and sports facilities offer endless recreation opportunities but also host potential for injury. Boating incidents, sports injuries, and playground accidents can lead to significant harm.
  • Defective Products: Defective products, from malfunctioning appliances to unsafe pharmaceuticals, can cause harm. Holding manufacturers accountable requires an attorney who understands product liability laws.
This exploration of common personal injuries underscores the potential risks which the public faces each day. If you or a loved one have suffered harm due to another party's negligent conduct, consider reaching out to an experienced personal injury attorney.

What Are My Rights Under Massachusetts Personal Injury Laws?

Massachusetts provides a legal pathway to justice for those injured due to someone else's negligence. Knowing these laws is your first step towards rebuilding your life.
  • The Statute of Limitations: Massachusetts sets a deadline for filing a personal injury claim. Generally, you have three years from the accident date to file a lawsuit.
  • Comparative Negligence: The state follows a modified comparative negligence rule. This rule means your compensation may be reduced by your percentage of fault in the accident. However, you cannot recover damages if you're more than 50% at fault.
  • Auto Insurance Laws: Massachusetts' compulsory insurance system requires your insurance to cover initial medical bills and lost earnings, regardless of who caused the car accident. Personal Injury Protection (PIP) is a part of car insurance which covers medical expenses and lost wages for you and your passengers in the event of an accident, regardless of who caused it (often called No-Fault benefits).
  • Caps on Damages: In certain personal injury cases, Massachusetts limits the amount you can recover. For instance, damages for pain and suffering in medical malpractice cases are capped at $500,000, although exceptions exist.
Massachusetts personal injury law is designed to protect and compensate you. An experienced Boston personal injury lawyer can help you secure the maximum compensation which the law allows.  

What Should I Expect During the Legal Process?

Knowing what to expect in the legal process can help reduce the stress of being involved with a personal injury claim. Here are the general steps involved in a personal injury claim in Boston:
  • Investigation and Documentation: Good personal injury lawyers conduct thorough investigations. They gather as much relevant evidence as possible in order to strengthen your case.
  • Negotiations: Before a lawsuit is filed, there is often an attempt to settle the claim out of court. Your attorney will negotiate with the insurance company to secure a fair settlement covering your pain and suffering, medical expenses, lost wages, and other damages.
  • Filing a Personal Injury Lawsuit: If a satisfactory settlement cannot be reached, your attorney will proceed to file a lawsuit. This initiates the litigation phase, where your case could eventually go to trial, or still settle without reaching a full-blown trial.
  • Discovery Phase: Legal teams representing the plaintiff (injured victim) and defendant exchange information and evidence, such as depositions, interrogatories, and production of documents. This phase can take months or years, depending on the case.
  • Mediation: Often, personal injury settlements are reached during a mediation phase, where an impartial third party helps both sides reach a mutual agreement.
  • Arbitration: Personal injury cases may be settled in binding arbitration, where the parties agree to try the case before an agreed-upon arbitrator, and the outcome and award of damages is binding (final and enforceable) upon the parties.
  • Trial: If a settlement is still not achieved, your case will go to trial, where a judge or jury will determine the outcome.
  • Appeal: The decision can be appealed if either party is dissatisfied with the trial's outcome, and there are grounds to go seek an appeal.
An unexpected accident can alter the course of your life. Having the right skilled Boston personal injury attorney by your side can steer your recovery into a very favorable outcome.

What Damages Can I Recover?

The law categorizes damages into two main types: economic and non-economic damages. Let's break down what each means for you: Economic Damages: These tangible losses cover medical treatment expenses, lost wages, and even future lost earnings. Non-Economic Damages: These intangible losses are more challenging to quantify. They address physical discomfort, emotional distress, and the inability to enjoy life. Pain & Suffering: If you've been involved in a motor vehicle accident in Massachusetts, you're likely seeking damages for pain and suffering. To qualify for these damages, you need to have a minimum of $2,000 in reasonable and necessary medical expenses, also called the “tort threshold.” Some exceptions to this requirement include dismemberment, bone fractures, disfigurement, loss of sight/hearing, and death. This is covered under M.G.L. Ch. 231 § 6D.

What is Strict Liability in Personal Injury Cases?

This legal doctrine imposes liability on a defendant without proof of fault, such as negligence or intent to harm. This rule applies to cases involving defective products or certain animal attacks where the law recognizes certain inherent risks.    

How do Contingency Fee Arrangements Work?

A contingency payment structure means a lawyer represents you without upfront fees. Instead, they will take a predetermined percentage of the settlement or court award. If you do not win your case, you typically do not owe any attorney fees.

Can I File a Wrongful Death Claim if My Loved One Died Due to Negligence?

If you're a close family member or the estate representative of someone who died due to someone else's negligence or a deliberate act, you may be able to file a wrongful death claim. This legal action seeks compensation for losses such as funeral expenses, lost income, and loss of companionship.

Can I File a Claim for Loss of Companionship?

In Massachusetts, if your loved one was hurt in an accident, you may be able to seek compensation for harms such as loss of companionship, intimacy, or household support, by filing a claim for loss of consortium. For example, this may be done to compensate for loss of affection between parent and child, or between spouses.

Partner With a Law Firm Which Has Proven Results

A personal injury can leave you feeling lost, overwhelmed, and unsure of your future. At Cutler & Associates, we understand the challenges you face. Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. You need legal representation from someone who is aggressive in the courtroom and empathetic to your situation. Cutler & Associates is that team. We have a successful track record in court and negotiations, resolving cases quickly and saving you time, money, and stress.



Call Cutler & Associates Today

Begin your journey to justice and peace of mind. Our law firm will stand with you every step of the way. Contact our Boston personal injury lawyers today at (800) 600-4000 or (617) 542-5000.
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