Personal Injury Law serves to protect people who are injured due to the negligence or wrongdoing of others. Whether you are a patient injured by medical malpractice, have been involved in a motor vehicle accident, or have experienced any other form of injury caused by another person or a company, it is important to know the aspects of personal injury claims in Massachusetts.
A Few Key Legal Concepts in Massachusetts Personal Injury Claims
- Negligence: Negligence is the cornerstone of most personal injury claims. To establish a claim based on negligence, you must prove that the other person owed a duty of reasonable care to you. This is a legal question. For instance, in a motor vehicle accident, drivers have a duty to follow traffic laws, and failing to do so can be deemed negligent if it causes harm.
- Medical Malpractice: Medical malpractice is when a health care provider acts, or fails to act, in a way which results in injury or death to their patient. If a health care provider deviates from the accepted standard of care and causes an injury to a patient, it is considered medical malpractice. The standard of care is essentially the skill and care an average doctor in the same field would provide to the patient.
- Statute of Limitations: In Massachusetts, personal injury claims must be filed within a certain timeframe, also known as the statute of limitations. For most personal injury cases, the statute of limitations is three years from the date of the injury, but there can be different timelines depending on the circumstances of the injury or when the injured party learns of it. Your attorney can help you to determine what the statute of limitations is based on the facts of your case and Massachusetts law.
Pursuing a Personal Injury Claim in Massachusetts
In order to pursue a personal injury claim in Massachusetts, several steps must be taken. First, it is important to provide all evidence, such as photos, police reports, or medical records, to an attorney in order for them to help determine whether you will be able to be successful in your claim for personal injuries. Your attorney will then help you navigate the process of filing a claim.
The attorney will file a Complaint with the Court, which outlines the grounds for the claim being brought. The Complaint details your injuries and the negligence of the defendant(s). The other parties will be notified of the claim and will have their opportunity to answer the Complaint.
Discovery will then be conducted, which allows each party to learn about the opposing party’s case and how their positions are being supported. Depositions will also be taken, which provide each side a chance to ask a series of questions to parties and witnesses involved in the injury at hand. Throughout the process, motions may be exchanged and negotiations between the parties may find a resolution. If no resolution can be reached, the parties will go to trial.
SUGARMAN attorneys have decades of experience helping clients through every phase of bringing a personal injury claim, filing a lawsuit, preparing for trial, and trying cases. If you or a loved one has suffered personal injury or wrongful death as the result of an accident, we may be able to help. Send us an email today at or call (617) 542-1000 to speak to a SUGARMAN principal.