Personal Injury Law in Worcester, MA
Were you hurt due to another’s negligence in Worcester? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Worcester, MA can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Worcester relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Worcester, MA
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Worcester
According to the Massachusetts Bureau of Community Health and Prevention, injuries are the third leading cause of death among Massachusetts residents. They are also the leading cause of death among Worcester County residents ages 1 to 44. In fact, 78% of injury deaths were due to unintentional injuries. Additionally, unintentional injuries accounted for 74% of injury-related hospital stays. And a majority of the unintentional injury hospital stays were due to falls.
Steps in a Personal Injury Lawsuit in Worcester, MA
Once you determine that you wish to proceed forward with a personal injury action in Massachusetts
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance. After consulting with your attorney in Worcester, you then make a demand of the party at fault and engage in negotiations. A civil lawsuit may be filed with the Worcester District Court if no resolution can be reached. This begins the formal discovery process, leading to mediation or negotiations. If a satisfactory settlement cannot be reached, you can take your case to trial. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. It can be difficult to find a predictable personal injury settlement amount in Worcester because there are so many variables like medical bills, injury severity, and pain and suffering that can influence a total settlement amount. In fact, most cases settle outside of court between $3,000 – $75,000, on average. As well, Worcester personal injury suits are typically filed with the Worcester District Court because that Court has jurisdiction when there is no reasonable likelihood that the damages will be more than $50,000. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MA, that means you risk not receiving any compensation at all. If your Massachusetts personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. According to the Center for Justice and Democracy, there are no damage caps on personal injury cases in Massachusetts. In personal injury cases, there is typically a limited time to file a lawsuit set by state law. This period, known as the statute of limitations, often begins when the injury occurs or when the plaintiff first discovers the injury. However, the discovery aspect can be complicated, as the plaintiff must prove when the injury was realized. In Massachusetts, you have three years from the date of your injury to file a personal injury lawsuit. For residents of Worcester, this means your time to take legal action is limited to that three-year window. It’s crucial to consult with a personal injury attorney as soon as possible. The sooner you act, the better your chances of securing the compensation you deserve for your injuries. Pursue a personal injury claim in Worcester against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Massachusetts state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Are you curious to learn about other areas of Worcester, MA law? We write on many legal topics in the state.Massachusetts Personal Injury Settlement
Damage Awards in Massachusetts
Statute of Limitations in Worcester, MA Personal Injury Law?
Work With an Experienced Worcester, MA Lawyer
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