Anyone who has been involved with a personal injury, car accident, auto Crash, motorcycle accident or slip and fall accident may wonder what they should do next. You probably have more questions than answers and may need to know the value of your insurance claim. In the state of Massachusetts, the statute of limitations to file most accident claims is three years. However, be careful the statute of limitations varies depending on the nature of the claim or the type of wrongdoer. That is why it is important to file all necessary documents sooner rather than later. Here is a cautionary tale concerning time limitations in Massachusetts in which a case was not properly “presented” and as a result there was no compensation for a fatal accident: Mass Appeals Court: Improper Presentment of MA Wrongful Death lawsuit fatal to Medical Malpractice death Lawsuit! Read more at http://www.lawyersource360.com/probate_lawyers/
“Every state, including Massachusetts, has statute of limitations for personal injury claims, fatal accident claims (wrongful Death lawsuits), truck and car accidents and medical malpractice. This MA Law information seeks to outline the most important statutes of Limitation for Tort Claims in Massachusetts.”
The first thing to do is contact a Dartmouth MA Personal Injury attorney. There are many questions that you need to ask your attorney. Like:
- What kind of compensation can I request?
- Do I have a valid case?
- And how can I prove that the other person is at fault?
These are all questions that a qualified Dartmouth Personal attorney can answer. In general, a person who has suffered a personal injury is said to have physical and or mental injuries that happened because someone else was negligent. The goal is to prove the negligence and that the other party acted with intent to cause harm or was negligent in their job or responsibilities.
Many people don’t understand what negligence actually means. To be negligent means that the other party failed to act with care that is at reasonable levels. For instance, let’s say you were in your car and you were stopped at a red light. If the other driver is on their cell phone texting and driving or just not paying attention and slams into you, they are negligent and at fault for the accident. You may or may not have injuries from this accident. However, if you do have injuries, the other party would be responsible because they were not paying attention.
Intentional or recklessly caused torts would fall under a personal injury classification. This is when someone acts deliberately, recklessly or with gross negligence causing personal harm or even death. This can be something like assault and battery and is also punishable by the criminal court system. Common personal injury accidents include slip and trip accidents, medical malpractice, auto accidents, motorcycle accident, bike accidents, pedestrian accidents, trucking crashes, dog bites attacks, injuries from a products malfunction and wrongful death.
In order for tor punitive damages to be awarded in a fatal Massachusetts Car Accident, Trucking accident or other Mass. Injury case, the tortfeasor’s conduct must be nearly criminal in nature Silver’s case, 260 Mass. 222 (1927). “much more than mere negligence, or even than gross or culpable negligence. It involves conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its probable consequences. Silver’s Case, 260 Mass. 222 , 224 (1927)
For the majority of cases, personal injury involves negligence of some kind. The lawyer will look at the case and the facts and determine if you have a valid claim to file in court. The lawyer will look at the negligent part and make sure that the negligent party was responsible and their irresponsibility causes your injury. They will also see if there are any deliberate acts that caused the injury and if you have suffered medical and financial harm due to their negligence.