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Personal Injury in Middlesex County

Personal injury in Middlesex

In Middlesex County, personal injury is an area of tort law that deals with any accidents, reckless conduct, or actions that resulted in physical or emotional harm to an individual. Causes of personal injury include assault, battery, and negligence. However, most personal injury cases are based on negligence.

What is a Personal Injury Claim in Middlesex County?

Personal injury claims in Middlesex County are requests for compensation instituted in a Middlesex County court. The aim of Personal Injury claims is to restore the claimant to the level they were financially before the personal injury. In situations where the effects of a personal injury are recurrent, personal injury claims may help the victim manage their condition. However, to succeed in a claim for personal injury, the claimant must show that.

  • The defendant owed a duty of care to perform or not perform specific actions.
  • The defendant violated the duty of care
  • The defendant’s violation caused injury
  • The injury caused quantifiable damages

Failure to show any of those elements reduces a claimant’s chances of succeeding in a personal injury claim.

According to the Massachusetts Statute of Limitation, personal injury claims must be instituted within three years of the incident. After three years, a victim is barred from bringing pursuing the defendant for their loss or damages. However, in unique cases, the statutes of limitation take effect when the loss injury becomes apparent.

Personal injuries can be fatal in some instances. According to the United States Bureau of Labor Statistics, there were 60 fatal work injuries in the Boston-Cambridge-Newton areas of Massachusetts in 2018, including Middlesex County. Victims may file Personal Injury cases at the court or opt for mediation to settle out of court.

How to Find a Personal Injury Lawyer in Middlesex County?

Doing some research before engaging the services of a lawyer may increase the Claimant’s chances of securing specialized expert legal assistance and representation. the Claimant may

  • Contact multiple lawyers: Some lawyers provide a free consultation, and this can be an avenue to know the depth of the lawyer’s range in personal injury cases. Contacting multiple lawyers allows a client to properly assess each lawyer and make a decision.
  • Asking friends, family, and other professionals for recommendations on lawyers with experience in personal injury cases.
  • Internet search and local Bar Association referral services can be very useful to get the contact information for personal injury lawyers.
  • Another way to use the internet to find lawyers is to find cases with similar facts as the Claimant’s personal injury case and look at the section for their attorney.

What does a Personal Injury Lawyer do in Middlesex County?

A personal injury lawyer assists victims of personal injury in pursuing a personal injury claim.

Personal injury lawyers in Middlesex County primarily investigate the facts surrounding the personal injury brought by their clients to identify areas of legal advantage. For example, some personal injury scenarios are strict liability. Strict liability personal injuries include personal injuries caused by dog bites or dog attacks generally. The exception to this is when the victim was trespassing, teasing the dog, or tormenting the dogs. Besides these exceptions, the owner of the dog is immediately liable. The extent of proving personal injury in strict liability cases is not as complex as in accident cases, and this is a legal advantage.

Personal injury lawyers also investigate personal injury scenarios to assess their clients’ contribution to such situations. Generally, Massachusetts is known to be a comparative fault state. States that use comparative fault assess the contribution of a claimant to the personal injury in question. Contributions are assessed in percentages. Where the court finds that the claimant’s contribution to the accident is below 50%, the defendant’s liability will be reduced by the corresponding percentage of the claimant’s contribution. However, if the claimant’s contribution is above 50%, the defendant will not be liable at all. Based on their findings, personal injury lawyers develop arguments to obscure any possible assignment of faults to their clients.

Also, personal injury lawyers assess the cause of personal injury in each client’s case. While some personal injury cases may result from an accident, others may result from gross negligence. Depending on the cause and extent of the personal injury, the personal injury claims vary. As a result, personal injury lawyers develop arguments and submissions in favor of their client’s personal injury claims.

Overall, personal injury lawyers aim to represent their clients’ interests and secure a favorable court judgment or mediation settlement.

Do I Need a Personal Injury Lawyer?

While hiring a personal injury lawyer is important in personal injury cases, it is not always necessary. An example of such a situation is when substantial damage happens to a property with minor or no damage to any person. Some accidents only result in substantial damage to the vehicles involved and little to no damage to the people. In such instances, a personal injury claim will likely fail because there is no injury. However, the claimant may seek a medical opinion to determine if there was some injury.

Also, it is not ideal to hire a personal injury lawyer in situations where the cost of hiring the lawyer is more than the cost claimed.

Personal injury claims can emanate from loss or suffering as a result of

  • Car Accidents: Car accidents caused by the negligence or recklessness of a fellow driver
  • Truck Accidents: Truck accidents caused by the recklessness of a fellow driver or gross negligence of a truck repairer
  • Motorcycle Accidents: Motorcycle accidents caused by an overspeeding driver
  • Slip and Fall Accidents: Slip and fall accidents in the workplace due to poor infrastructure. In Massachusetts, slip and fall accidents were one of the leading causes of fatal work injuries in 2018.
  • Brain Injuries: Brain injuries caused by the negligence of a medical practitioner, for example
  • Spinal Cord Injuries: Spinal cord injuries caused by unaddressed work hazards or negligent drivers.
  • Wrongful Death: Wrongful death caused by the gross negligence of a medical practitioner
  • Pedestrian Accidents: Pedestrian accidents caused by the recklessness of drivers
  • Bicycle Accidents: Bicycle accidents caused by the recklessness of fellow road users.

How much to ask for in a Personal Injury Settlement in Middlesex County?

Personal injury settlements are payments to a victim of personal injury, especially out-of-court settlements. For personal injury settlements to have any effect, all the parties involved must have agreed to the terms of the settlement. Different factors determine how much parties agree to pay victims in a personal injury settlement. The primary factors include the medical costs caused by the injury, the extent of the injury, financial cushion to assist recovery from the injury, among other things.

There is no specific amount to ask for in a personal injury settlement, each case is peculiar. The amount could range from thousands to tens of millions of dollars. However, a settlement should either compensate the victim for their injuries or substantially help to mitigate the effects of the injury.

How Long Does a Personal Injury Lawsuit Take?

Personal injury lawsuits can be lengthy, depending on the nature of the personal injury, the parties involved, and the claims sought. Parties may opt for out-of-court settlements, particularly when the victim’s case has more merit.