At DeLuca & Weizenbaum, we know that personal injury cases in Massachusetts require a sophisticated team of attorneys that is knowledgeable in the complexities of the laws as well as experienced at providing effective litigation and negotiation strategies.
How Much Time Do You Have to File a Claim in Massachusetts?
There is a three-year statute of limitations time limit to file a personal injury lawsuit that starts on the date of the accident. There is an exception in instances where someone has suffered an injury that couldn't initially be detected. If this happens, the three-year time limit may not start to run until the date the injury is discovered.
For injury claims against a city, county or state government agency, you have two years to file a formal claim and three years to file a lawsuit.
If you have questions about these filing deadlines or any other legal questions about pursuing a personal injury case in Massachusetts or Rhode Island, please do not hesitate to contact our firm today to schedule a free consultation.
The Comparative Fault Standard in Massachusetts
A '51 percent comparative fault rule' is used in Massachusetts for measuring how much a party can recover based on each party's level of fault. If you are an injured party and less than 50 percent at fault for the accident, your share of compensation available is only reduced by the amount of fault attributable to you. A party found to be more than 51 percent at fault cannot recover damages from the other party or parties involved that it has injured.
"No-Fault" Laws for Car Accident Cases
Massachusetts has also adopted a "no-fault" approach when it comes to auto insurance and car accidents. This means if you are injured in a motor vehicle accident you must pursue compensation for your damages and injuries under your own coverage regardless of who caused the accident.
You can pursue a claim against another party outside of the no-fault rule if your case involves more than $2,000 in reasonable medical expenses and/or you have suffered a catastrophic injury. Our attorneys can help evaluate your case to see if this standard has been met, and if we take your case we will help you pursue a claim that accurately documents your injuries and costs for the purposes of negotiation and litigation.
A Firm Built on a Commitment to Our Clients and Pursuing Justice
We understand these legal provisions. We also know that a personal injury can be physical or psychological but, to be considered a legal case, it must occur due to the negligence or unsafe actions of another person or entity. At DeLuca & Weizenbaum, we structure creative legal solutions designed to address our clients' individual needs. We handle a wide variety of personal injury and wrongful death claims, involving all types of situations from poorly maintained premises to truck accidents or boat accidents to people harmed by toxic exposure or defective drugs.
When you hire our firm to take on your claim, you pay no fees unless we are successful at obtaining compensation for you. We have the resources to handle all of the expenses of your case up front. We will only seek attorney fees and reimbursement for advanced costs and expenses if we recover a settlement or verdict in your case.
Trusted Boston, Massachusetts, Personal Injury Lawyers
For referring attorneys in and outside of Massachusetts, we understand that you need to trust that your clients or contacts are in good hands. Our firm has a proven record because of our honesty, integrity, passion for justice and creative approach. We are dedicated to restoring the lives of our clients and protecting your interests as a referring attorney. When you make a referral to us, our goal is to always provide the level of service and advocacy that you expect and that your clients need.
Contact DeLuca & Weizenbaum for an immediate evaluation of your personal injury case. Our lawyers provide sophisticated and effective legal services to clients from Providence to Boston.
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