Personal injury law, or tort law, allows you to recover damages when someone intentionally or negligently causes damage to your body, emotional state, reputation, or property. Every state has varying laws that apply to different types of cases. However, the general understanding is that when another party causes you physical, mental, and financial harm, they are responsible for providing sufficient compensation to make up for what was lost. If you suffered a personal injury in Natick, MA, a lawyer near Worcester Road could help you file a lawsuit and recover the compensation you deserve.
What Are the Types of Personal Injury Cases?
Personal injury lawyers see an array of cases daily. Everything from car crashes to physical assault classify as personal injury. However, some cases are more common than others.
Auto Accident Lawsuit
Auto accident lawsuits make up the majority of personal injury lawsuits and break down into several different types of cases with unique circumstances. Examples of auto accident cases include:
- Car accidents typically refer to accidents involving passenger vehicles. These include solo crashes involving one vehicle and multiple vehicle accidents.
- Truck accidents involve commercial trucks and semis and are among the most deadly and destructive auto accidents. When a truck accident involves smaller vehicles, the damages can be substantial.
- Motorcycle accidents can be solo or involve other vehicles. Given the driver’s vulnerability, they can also result in severe injuries.
- Pedestrian accidents typically occur when a vehicle violates road laws and injures a pedestrian. Although, the pedestrian can also be at fault for violating street laws.
- Bicycle accidents are similar to pedestrian accidents in that cyclists have certain rights and laws to follow on the street. These accidents typically involve crashes between passenger vehicles and cyclists.
Every car accident has unique circumstances, and personal injury lawyers investigate thoroughly to uncover evidence to support liability claims.
Slip, Trip, and Fall Cases
The concept of premises liability refers to a property owner’s responsibility to ensure their property remains in a reasonably safe condition for those legally present on the property. The most common form of a premises liability lawsuit is the slip, trip, and fall case. For example, if you slipped on a spill in a restaurant, the owner may be liable for the damages caused by the accident. However, as the plaintiff in the case, you are responsible for proving the following:
- The property owner owed you a duty of care, meaning they were responsible for keeping the property safe for you.
- Your presence there was legal.
- The property owner violated their duty of care, resulting in the spill that caused your accident.
- Your accident resulted in injury.
Without injury in a slip, trip, and fall case, you have no damages; without damages, you have no claim to compensation.
Product Liability Lawsuit
Product liability cases are among some of the most difficult to prove. When a seller or manufacturer creates and distributes a defective product that causes injury when placed in the hands of the consumers, they are responsible for the damages. There are typically three types of product liability claims:
- Design defect claims. The plaintiff claims the product’s design renders it defective.
- Manufacturing defect claims. The plaintiff claims the product’s design is effective, but negligent manufacturing practices rendered it defective.
- Labeling defect claims. The plaintiff claims the product does not contain a label warning of a significant danger inherent in its use.
Product liability cases can be highly complex, making them difficult to win for anyone without legal experience with these cases. Therefore, you would benefit from reaching out to a personal injury attorney near Worcester Road in Natick, MA, to discuss the details of your injury and see if you have a case.
Wrongful Death Lawsuit
Wrongful death lawsuits can be the result of any type of personal injury. For example, suppose your loved one suffered a severe injury in a car accident. In that case, you could file a wrongful death lawsuit to pursue compensation for the financial damages incurred as well as the emotional distress you suffered. The same is true for a slip and fall or product liability case.
What Laws Affect Personal Injury Cases in Natick, MA?
While there are many legal nuances to any personal injury case, every state has specific laws pertaining to each type of lawsuit. For example, all personal injury cases have a statute of limitations. In Massachusetts, you have three years to file with the local civil court for damages from a car accident. Other important laws include no-fault insurance and modified comparative negligence.
No-Fault Insurance
Massachusetts is a no-fault motor vehicle state. This means the state mandates purchasing personal injury protection insurance for all licensed drivers who intend to operate a vehicle. Therefore, in the event of an auto accident, both parties must turn to their own PIP insurance coverage for compensation. However, PIP is not always sufficient to cover all the damages from a car accident. In which case, you may file a lawsuit to recover your losses.
Modified Comparative Negligence
Massachusetts also follows the modified comparative negligence rule. Comparative negligence permits the defendant to recover compensation for damages in a personal injury case. Still, the court will deduct an amount equal to the percentage of fault the plaintiff carries for the accident. Modified comparative negligence explicitly states that you are not eligible for compensation if your blame portion is greater than the defendant’s portion.
For example, if you file a car accident lawsuit and share partial responsibility for the accident, the court will determine your exact percentage of fault. If you are 30% at fault, you can still recover 70% compensation for the total damages. However, if the court determines you are 55% at fault, you cannot recover anything because you are more responsible than the other party.
Why Should You Schedule a Consultation With a Personal Injury Lawyer?
If you suffered an injury caused by another person or party’s carelessness, you deserve compensation for the losses you sustained. However, that process can be cumbersome and stressful, especially for someone nurturing an injury or grieving the loss of a loved one. Consider the advantages of hiring a personal injury lawyer to represent you during this difficult time:
- They have experience with cases similar to yours.
- They negotiate with the insurance company to secure a fair settlement.
- They understand the legal process and will protect your rights.
- They can access resources to help produce evidence that will support your claim.
- They conduct an independent investigation into your accident.
- They protect you from common insurance bad faith tactics.
- They act as professional representation and personal support.
- They provide services on a contingency fee basis.
At Jason Stone Injury Lawyers, we know the financial burden that personal injury victims face in the wake of a devastating accident. That is why we aim to help you get your life back without adding to your financial stress. You can find solace in the Stone Cold Guarantee, which ensures we only get paid when you get paid. We will listen to the details of your accident and get started on your case for no upfront fee. There’s No Obligation, Just Information (R). Contact Jason Stone Injury Lawyers for your free consultation and speak with a personal injury attorney today.