Massachusetts Personal Injury Lawsuit
How Do I Know When It’s Right to File a Lawsuit?
For a non-lawyer, it’s not always easy to understand your legal options or when it makes sense to sue someone over negligence. For the best advice, turn to a personal injury lawyer, especially in these situations:
- You have been in an accident that resulted in serious injuries.
- You now have medical expenses you would not have had if it weren’t for the accident.
- The accident has left you unable to work or at a reduced capacity to work.
- An insurance representative has contacted you and asked you to sign a statement regarding the accident.
- The insurance company offered you compensation, but you aren’t sure the amount is right.
- You don’t know what your rights or options are after an accident or other type of incident that harmed you or cost you money.
- You have tried to file a claim with an insurance company but have been denied.
Reputable firms taking on personal injury cases offer free initial consultations. You should not have to pay a fee to get advice on your situation, so don’t hesitate to take this first step.
What is the Statute of Limitations on Massachusetts Personal Injury Lawsuits?
In Massachusetts, you have three years to file a personal injury lawsuit. The clock starts at the time you suffered injuries. In some cases, you may be able to get an extension. This is due to the discovery rule that starts the clock later when you discover the injuries you have resulted from a negligent incident.
What Are the Steps in a Massachusetts Personal Injury Lawsuit?
Filing a personal injury lawsuit is a big deal. It takes several steps to get to a conclusion. Each state sets its own laws and procedures for civil lawsuits, and in Massachusetts, they proceed much the same as in other states:
- Find the right lawyer
Your first step anywhere is to find a lawyer to represent you. Look for a Massachusetts lawyer with a practice dedicated to personal injury. They should have experience and expertise in this area of the law. - File a complaint
Your lawyer will begin the lawsuit by filing a complaint in the appropriate Massachusetts court. This will make the suit official, outline your allegations, and notify the defendants. - Go through discovery
Next, both your lawyer and the defendant’s lawyer will go through a period of discovery, building their cases. This involves gathering evidence, talking to witnesses, holding depositions, and working with experts. - Negotiate a settlement
Your lawyer will next try to get a fair settlement through negotiations. You can reject any offer and push the case to court. Most personal injury cases in Massachusetts end here. - Litigate in court
If you do go to court, your lawyer will represent you and present evidence, witnesses, and expert testimony to prove to the jury that the defendant is liable for your damages. Jury awards are usually larger than settlements, but you run the risk of not getting anything. - Appeal or fight an appeal
Either side can appeal the jury decision, taking it to a higher Massachusetts court to be overturned.
What Will I Have to Do to Prove My Case?
Your lawyer is the expert here and will tell you what they need from you to build a strong case. Generally, they need physical evidence, such as photos or videos from the accident. They need witness and expert testimony as well.
You have to prove that the defendant acted negligently, outside of what is acceptable or expected, and that this resulted directly in your injuries. Furthermore, you have to prove that those injuries cost you significant damages, usually monetary costs, but also emotional or reputational harm.
What Can I Recover in Damages?
Massachusetts only caps non-economic damages in medical malpractice cases and never caps economic damages. What you can recover depends on several factors unique to your case:
- Your injuries and their severity
- Any permanent injuries, disabilities, or disfigurement
- Any wages you have lost at work or reduced ability to earn in the future
- Pain and suffering
- Harm to relationships as a result of your injuries
Your lawyer has the expertise to make a reasonable estimate of damages but cannot predict or guarantee an exact amount.
Examples of Personal Injury Lawsuits in Massachusetts
Take a look at some of the cases that have resolved in Massachusetts in recent years. Every case is different, but these give you an idea of what might be possible in your case:
- $143 Million for Gas Explosions. Thousands of residents and businesses sued NiSource, operator of Columbia Gas of Massachusetts, after massive explosions in Lawrence, Andover, and North Andover. One person was killed, several were injured, and thousands of people were displaced from their homes. Many businesses experienced damage.[1]
- $3.75 Million for Wrongful Death. In 2011, Framingham police shot 68-year-old Eurie Stamps, who died from his wounds. The police SWAT team was raiding an apartment at the time, targeting Stamps’ stepson and another individual. The city settled with his family.[2]
- $1.7 Million for Cycling Accident. In another case that ended up as a wrongful death, a man cycling in Nantucket died after being struck by a vehicle. His family settled with the driver responsible for $1.7 million.[3]
- $2 Million for Concert Accident. A retired Massachusetts police officer, Jason Kooken, suffered serious injuries after a concert stage diving incident in 2017. Audience members dove from the stage and landed on him, causing serious spinal injuries.[4]
These and other cases in Massachusetts show how damaging personal injuries and negligence can be. They also show that it is possible to get justice and to recover damage. Work with a dedicated personal injury lawyer if you have suffered injuries in the state.