After suffering any type of injury at the hands of another person, you should consider hiring legal representation such as a Massachusetts injury lawyer. Although you may be the kind of person who does not want to sue over minor injuries, you may ultimately need to hire counsel. Why would you be best served by getting legal help even in minor injury cases?
Injuries Don’t Always Present Themselves Immediately
After a head injury, you may get up and walk around like nothing happened. However, you may have actually suffered a concussion or other trauma. Head injuries can result in mood swings, loss of memory, headaches and blurry vision. Those symptoms may in turn force you to miss work or otherwise alter your life. It is also possible that what you think is a sprain is actually a tear or a fractured bone that will take significant time to heal.
Not every personal entitles the injured person to compensation for his pain and suffering. However, it is all too often the case that when a person does suffer an injury caused by the negligence of another, for example in an auto accident, the insurer for the negligent party does everything it can to delay or avoid paying just compensation. The people of Massachusetts deserve better and they need to know when they require the help of a Massachusetts personal injury lawyer.
If an insurer will not pay workers compensation
Massachusetts workers’ compensation laws protect employees in the case of injuries arising out of and in the course of employment. The law provides that employers must carry workers’ compensation insurance, and that insurers must pay weekly wage replacement benefits and other benefits on valid claims.
Everyone doesn’t want to be involved in any kind of accident. However, sometimes there’s nothing you can do to prevent them from happening. In Massachusetts, thousands face the unexpected every year. In fact, for every 100,000 residents of the state, injuries result in an annual 10,915 emergency room visits, 915 hospital admissions, and 43 deaths.
Because of the prevalence of this problem, insurance companies and other relevant entities are all too ready to defend themselves when it comes to providing compensation. That’s why it’s so important to hire a competent and experienced Massachusetts injury lawyer to ensure your rights are protected.
A major aspect of workers’ compensation, long term disability and personal injury cases is the negotiation process between the two parties. This negotiation process often determines the amount of money that an insurer will pay to settle a claim or a case. Since the vast majority of personal injury and other kinds of cases end in settlement instead of a trial, the negotiation process is primary determiner of damages and is usually handled by skilled lawyers in Northampton, MA or anywhere else. The negotiation process can take a very long time, sometimes years, depending upon many factors, including the willingness of the plaintiff to hold his ground until he or she gets a reasonable offer of settlement.
Massachusetts is a comparative fault state when it comes to law suits to recover damages for a personal injury. Whether negotiating a claim with an insurance company or pursuing a lawsuit in court, your settlement award or damage award may be reduced if you were also partly at fault for the accident that caused your injury.
The law of comparative negligence varies from state to state. The law has long recognized as a defense to a personal injury lawsuit the argument that the person who was injured was also negligent in a way that contributed to the resulting injury. The doctrine is generally called contributory negligence. Originally contributory negligence was a complete defense: a plaintiff who was found to be even 1% at fault was barred from recovering any damages from the defendant even if the defend was 99% at fault.
If you have sustained an injury that was caused by another person’s wrongful behavior, you may be entitled to a financial settlement or compensation. A trustworthy personal injury lawyer can help determine if you can win damages in court, though there are certain facts you must prove to obtain a favorable result. Likewise, you need to keep the statute of limitations in mind.
In Massachusetts, the statute of limitations for filing a civil action for a personal injury is three years from the date of the injury. But like all statutes, this one is full of nuances, and only an experienced attorney who speaks with you directly about the facts and circumstances of your case can tell you the specific date by which you must file any claim in court.
After a car accident, you may be dealing with serious neck, back or spinal cord injuries. While most injuries will heal, it may take months or years for you to fully return to normal. Hiring a personal injury attorney will help you get the compensation that you need to provide for yourself and your family while you heal.
How can an attorney help prove that another party’s negligence led to the crash?
Physical evidence may establish what happened.
It is important to gather as much physical evidence of the accident as possible while it is still fresh. Although you will likely be focused on your well being at the scene of the accident, you or someone else likely will take pictures of the scene, including pictures of the autos involved.