When it comes to getting the compensation that you deserve, you have several options. Insurance claims are one such option, but you might be more interested in a personal injury lawsuit. To help you decide whether that is the right path for you, here is an explanation of some obstacles that you will need to navigate when it comes to filing a personal injury lawsuit in Massachusetts:
Is there a limit on when you can file?
Every state has a different statute of limitations when it comes to determining when you can file for a personal injury lawsuit. In Massachusetts, you have 3 years to file from the date of your injury. Fortunately for you, there are some scenarios where that time limit might be extended.
If you are filing a medical malpractice lawsuit or were negligently exposed to some dangerous chemicals in the past, then you might still be able to file. Instead of counting from the date of the incident, these types of cases often count the statute of limitations from the date that the injuries were actually discovered.
Minors can also get an extension, which effectively means that they must file within 3 years of becoming an adult, rather than within 3 years of the accident.
What if you were partially responsible for the injury?
Many injuries can't be blamed entirely on a single party. In cases where multiple other parties are responsible for hurting you, you can generally file against all of them separately. However, if you were one of the parties that contributed to your injury, then the waters can get a bit murkier.
Many states support the legal premise of comparative fault, which essentially means that your compensation can be reduced if you were partially to blame for your accident. Some states take this to the extreme, and declare that you cannot get any compensation at all if you are even 1% to blame for your injury, Luckily for you, Massachusetts is not one of those states, and instead simply says that your compensation will be reduced proportionally to your fault. If you were 10% responsible, your compensation will be reduced to 90%.
However, the key rule that you need to remember is that if you are found to bear more than half the responsibility for your injury, you will lose out on all damages. If you suspect that the defendant has evidence that could prove that you played the biggest role in causing your injury, then you might want to talk to a lawyer before you make any commitments. Contact a lawyer, such as Steven J Glaser, Atty, for more information about filing a personal injury lawsuit.
