Personal Injury

Personal Injury Attorneys in Melrose, MA

Helping the Wrongfully Injured Fight Back

Suppose the negligent or careless actions of another have harmed you or a family member. In that case, you most likely are experiencing a great deal of stress and anxiety as you deal with injuries and mounting medical bills. These types of personal injuries occur when one party causes another individual to sustain harm through negligent or careless actions.

Massachusetts law allows you to file a personal injury claim against the party you believe is responsible for your personal injuries. Often, the only way to ensure that a party is held accountable for their negligent actions is to file a financial compensation claim.

The Martino Law Group, LLC has a proven history of obtaining results for our clients. Our personal injury attorneys understand that financial compensation cannot restore your life to what it was before your injury occurred. Nonetheless, financial compensation can assist you in paying medical treatment, recovering lost wages, and helping make amends for the pain and suffering you have had to endure.

Do you believe another person’s negligence has seriously impacted your life, causing injury, property damage, or even a wrongful death?

Call 781-531-8673 to schedule a free consultation with our experienced Melrose personal injury attorneys.

What Are Common Personal Injury Claims?

Any instance of being injured by another party’s careless actions can usually be filed as a personal injury claim. Some common instances are:

It can be difficult to determine if a particular situation warrants a personal injury lawsuit. Working with an experienced attorney can be the difference between fair compensation and a failed claim. Are you unsure if your accident qualifies as a personal injury offense? Schedule a free consultation with Martino Law Group, LLC, to get more information regarding your case.

When Should You File a Claim?

It is important for victims of negligence to start building their case immediately after they are injured. This has many benefits, including:

  • Faster, fairer settlement.
  • Fresh memory of the events that lead to your injury.
  • Access to evidence.

Waiting too long to file your claim can negatively impact your claim in a variety of ways. Evidence may become inaccessible, witnesses may move away or change their minds, and your own recalling of the accident can suffer.

What Factors Must be Present in Order to Have a Personal Injury Case?

Several elements must be met to prove a personal injury case. These factors are essential in that they establish legal cause for an individual to pursue a financial compensation claim.

The elements that must be present are:

Duty to Exercise Reasonable Care

The first element of a personal injury claim that must be established is that the party that you believe is responsible for your accident failed to exercise reasonable care. This can apply to auto accidents, slip and fall accidents, premises liability accidents, and other various situations in which a person can become injured. This duty to exercise reasonable care can apply to a driver, property owner, or manager.

Failure to Exercise Reasonable Care

Second, this element would be considered to be present when the responsible party fails to meet their duties in regard to reasonable care. In the case of a property owner, it could be a failure to fix a broken handle railing that results in a fall and a person being injured, for example. Even if the responsible party did actually mean to cause harm to another person, they could still be held liable for not exercising the proper precautions. Reasonable care is defined as the actions any reasonable person would take.

Causation

Third, causation refers to the responsible party’s failure to exercise reasonable care, resulting in injury, property damage, or wrongful death. It must be proven that the responsible party’s carelessness or negligent action directly contributed to the accident in question.

The Injured Victim Suffered Actual Damages

The final element of a personal injury claim involves damages. In order to recover financial compensation, the injured victim must have sustained actual damages as a result of the negligent or careless actions of the responsible party. If there are no injuries to an individual or their property, then there is nothing to compensate in the eyes of the law. This is why it is important to file a personal injury claim as soon as possible. The defending attorney could use your failure to do so to argue your injuries were not that severe or were even caused after the accident in question.

What Kinds of Damages Can You Recover in Massachusetts?

Massachusetts state law allows injury victims to collect two types of damages: compensatory and punitive. Compensatory damages have two distinct categories: economic and non-economic.

Economic damages: These types of damages are awarded with the idea of reimbursing the injury victim for any out-of-pocket expenses they may have had to pay as a result of their injury. These damages are often easy to prove because they come with bills and receipts. They can include, among other things:

  • Lost wages/loss of future wages.
  • Loss of earning capacity due to injuries.
  • Medical bills.
  • Medical expenses related to rehabilitation, physical therapy, or necessary medical equipment.

Non-economic damages: These types of damages are considered to be more subjective in nature, may be more difficult to prove, and can include, for example:

  • Pain and suffering.
  • Disfigurement.
  • Loss of enjoyment of life.
  • Loss of consortium (relationship).

Of course, the amount and types of damages that an individual may be awarded largely depend on the circumstances that surround each personal injury case. Building a strong case often involves extensive experience collecting evidence and expert testimony and proving the negligent party is responsible for your injuries.

What is the Statute of Limitations in Massachusetts for Personal Injury Claims?

Massachusetts law stipulates that an individual only has three years from the date that the injury occurred to file a personal injury claim. However, there are some exceptions to this rule, such as in the case of medical malpractice lawsuits. In medical malpractice claims, the claim actually begins on the date the injury was discovered or should have reasonably been discovered. Additionally, if a minor has sustained personal injuries, that countdown actually begins on the individual’s 18th birthday.

Failing to file your personal injury claim in a timely manner, even if it is within the statute of limitations, can be detrimental to your case. The defending attorney is going to use whatever they can and say whether they can prove their client is not responsible for your injuries.

Many people hesitate to file a claim because they are not sure their injuries or the damage to their property warrants a personal injury lawsuit. If you have been hurt and you think you might have grounds to file a personal injury claim, speak with one of our personal injury lawyers. Martino Law Group, LLC, offers a free consultation, which is often enough time to determine whether or not you have a claim.

Are You Struggling With Insurance Companies?

Insurance companies are worried about their bottom line and making their investors happy, not your injuries. They often employ tactics to get injured victims to lower their guard in an attempt to get them to slip up. When dealing with insurance companies, you should:

  • Avoid giving a recorded statement without legal advice from a personal injury lawyer.
  • Don’t accept a settlement offer without your lawyer’s input.
  • Don’t exaggerate or minimize your injuries; consistency is key.
  • Document everything!

Did you know that a part of Martino Law Group, LLC’s exceptional legal representation deals with insurance companies on your behalf? Complex cases that involve stingy insurance companies can cause legal matters to drag on for a long time. We want to come to a quick settlement, but fair compensation must be a part of that settlement.

How Long Will Your Personal Injury Case Take?

Most individuals would like assurance as to how long their case will take. Unfortunately, there is no set way to determine how long a case may take from start to finish. All personal injury cases are unique due to the individual factors and circumstances that are involved.

One of the most important aspects regarding your case will hinge on the insurance company (if applicable) and whether they decide to accept liability for the claim that you have submitted. If the insurance company is not willing to accept liability, then your case will take significantly longer to work its way through the legal system. It should be noted that most personal injury cases actually settle out of court without the need to go to trial. Settling out of court allows the negligent party to save public face, minimize their legal costs, and save time.

This is when an experienced Massachusetts personal injury lawyer will prove to be invaluable to your case. Even when attempting to settle out of court, many insurance companies will attempt to undervalue your claim or try to diminish the extent of your injuries in order to avoid a big payout. Our skilled Melrose personal injury attorneys can stand up to the insurance companies and counteract all of their deceitful tactics.

The personal injury attorneys of the Martino Law Group, LLC have the knowledge and experience to handle all types of personal injury claims. If the negligence of another individual has injured you, you may be entitled to file a personal injury claim in order to recover financial compensation for your injuries.</p>

Contactour Melrose personal injury attorneys by calling (781) 531-8673 and schedule a free consultation with a qualified personal injury lawyer from our legal team. We look forward to serving you.

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