You might be unsure when it's appropriate to file a personal injury lawsuit after you or a family member suffers a serious injury as a result of another party's negligence. The fundamental objective of personal injury law is to ensure that individuals who have been wrongfully injured or harmed by others receive justice. At Brandon J. Broderick, Attorney at Law, we recognize that every circumstance, individual, and legal matter is distinct and may necessitate particular attention. We are aware of the devastation that an accident or injury can cause a person and their family. It could significantly disrupt an individual's livelihood, create financial hardships, or even render employment unattainable.

No one should ever be subjected to suffering due to the carelessness of another individual. The Massachusetts personal injury attorneys at Brandon J. Broderick are well-versed in Massachusetts law and can provide you with guidance on the most effective course of action and assistance in protecting your legal rights following an accident.

Our Personal Injury Attorneys In Massachusetts Are Here To Assist You

Each client is our top priority, and our team of personal injury attorneys provides thoughtful attention and a clearly defined course of action. As evidenced by our track record, we collaborate with our clients to overcome the obstacles that stand in their way.

We work on a contingency basis when you retain Brandon J. Broderick, which means we only collect our fees if you are compensated and we achieve success. The insurer may attempt to submit a small settlement offer without a formal claim in order to expedite the process. You should be aware that prematurely accepting a settlement could result in out-of-pocket expenses if your injuries prove to be more severe than initially estimated or if you require additional medical attention. There is a possibility that an insurer will not pay any damages.

In the event that an injury has completely disrupted your life, please contact us without delay. Our utmost effort will be directed towards guaranteeing that you receive the necessary assistance and legal counsel to achieve a favorable resolution.

An MA Personal Injury Case: What Is It Exactly?

Personal injury law covers many different kinds of injury cases, such as:

No matter what kind of injury you or a loved one may have suffered, our injury attorneys are here to help. In addition to successfully defending victims of serious injuries, Brandon J. Broderick, Attorney at Law, has also successfully represented the families of people who have passed away in accidents that were not their fault. Our lawyers offer free case evaluations and accept cases on a contingent fee basis. Discuss your case with us by giving us a call today.

Massachusetts Personal Injury Lawyer: Initial Steps to Take After an Accident in MA

Obtaining appropriate medical care should be your primary objective if you were injured in an accident or incident that was not your fault. We believe that the most important thing is your health. In support of the validity of your personal injury claim or any subsequent lawsuit, you may also undertake the following measures. These preparations will provide your attorney with an advantage in advancing your case. Among these are:

  • Gather evidence: Photographs and documents that corroborate your account of the events preceding the accident or injury will be of great value to your legal team.
  • Maintain a journal: Documenting your thoughts and feelings in the immediate aftermath of the accident will enable you to gather the most credible first-hand information possible. When possible, include the exact time at which an ambulance arrived as supporting documentation in conjunction with a recollection of the events, such as hospital medical records or a police report.
  • List of witnesses: Include each individual's confirmed contact information and name (spelled correctly) on a list of potential witnesses for your personal injury claim. There may be additional parties on this list who were involved in your accident or incident.
  • Consult with a lawyer first: Before proceeding, consult an attorney: Refrain from any form of communication with the legal defense team or insurance provider of the defendant. It is advisable to retain a personal injury lawyer for this purpose. Declare that you intend to retain a personal injury attorney and, if required, file a lawsuit in order to safeguard your rights and interests.

What Types of Compensation Can I Pursue After I File a Personal Injury Claim in MA?

Both economic and non-economic losses sustained as a result of an accident are compensable through personal injury claims. Particularly when permanent injuries are sustained, the claim value frequently increases in correlation with the severity of the damages and injuries.

Despite the fact that each case is distinct, negotiations with the party at fault can become progressively more difficult as the requested amount of compensation increases.

In the event that additional medical expenses or treatment become imperative in the future, especially in the case of a severe injury, it is advisable to include compensation for future damages in your claim. Additionally, future pain and suffering, loss of enjoyment of life, or income loss may result from prolonged or ongoing medical treatment.

A knowledgeable personal injury attorney in Massachusetts can typically aid you in determining and obtaining fair compensation. Contact us today so that we can collaborate with you to establish the optimal course of action for your personal injury case.

Massachusetts is a "No Fault" State, How Does This Affect My Claim?

There are twelve states in the United States that have no-fault laws, and Massachusetts is one of them. Handling your claim and choosing a policy in the future will be easier if you are familiar with the state's requirements for auto and personal injury protection.

MA No-Fault Insurance Policies and PIP

Prior to discussing average compensation amounts, it is critical to have a firm grasp of Massachusetts's unique "No-Fault" insurance system. Under this system, each individual's medical expenses will be covered by insurance up to the Personal Injury Protection (PIP) limits of the policy, regardless of fault in a car accident. The minimum PIP coverage requirement in Massachusetts is $8,000. 

The injured party may, however, file a lawsuit against the at-fault driver if medical expenses exceed the PIP limits or if the injuries meet a certain threshold, such as permanent and serious disfigurement, fractured bones, hearing loss, or vision loss, or if they incur more than $2,000 in reasonable medical expenses.

Under Massachusetts's no-fault insurance regulations, every driver is obligated to maintain Personal Injury Protection (PIP) coverage. Injury to pedestrians and passengers, as well as the policyholder's medical expenses and lost wages, is covered by PIP coverage in the event of a car accident. Additionally, it provides coverage for childcare and housekeeping, both of which the injured party may be unable to perform as a result of their injuries. In addition, minimum liability insurance coverage encompassing bodily injury and property damage liability is a requirement in Massachusetts. This coverage safeguards the driver at fault against possible legal action. It also protects against any harm they may inflict on others who are injured in the accident.

Can I Seek Compensation For Pain And Suffering in a No Fault Insurance State?

In Massachusetts, drivers are required to carry Personal Injury Protection (PIP) coverage to compensate for their medical expenses and lost wages, regardless of fault in an accident, under a no-fault auto insurance system. Individuals may file a personal injury lawsuit to seek compensation for pain and suffering in cases of severe injuries or those that meet particular criteria, bypassing the no-fault system.

After the initiation of a personal injury lawsuit, the determination of pain and suffering damages emerges as a pivotal element of the litigation. Consultation with an experienced MA personal injury attorney is frequently necessary to maximize compensation for these types of non-economic losses. In the absence of a predetermined formula, the jury generally exercises its discretion in determining these damages.

What Are The Types of Damages in a MA Personal Injury Case?

Restoring the victim's financial situation to its pre-accident state is the primary goal of damages. This is known as compensatory damages, which include tangible (economic) and intangible (non-economic) losses.

What Are Economic Damages?

In proportion to your economic damages, the value of your claim will rise. The dollar value of monetary damages differs between cases on the basis of prospective losses resulting from injuries. Legal fees, medical expenses, lost wages, and property damage are all examples of economic damages.

  • Medical Expenses: Hospital stays, doctor visits, physical therapy, medications, specialized therapies, medical devices, transportation to and from appointments, and any other costs associated with the treatment of the injuries are covered by the reimbursement for medical care.
  • Lost wages: Compensatory damages are warranted in the event that your injury results in lost wages. This reimburses for wages lost as a result of time missed from work or accepting a reduced position due to an injury that hinders the ability to perform the same duties as before.
  • Property Loss: Compensation for items that are lost or damaged as a result of the incident, vehicle damage, and additional losses of property.
  • Legal Fees: The party at fault may be required to reimburse your legal fees upon request. The majority of personal injury lawyers in Massachusetts operate on a contingency basis, meaning that you are not required to pay their fees unless they win your case. The time spent by your attorney resolving the dispute could be deducted from your award.

What Are Non-Economic Damages?

You might be eligible to receive non-economic damages in recognition of the pain and suffering you have endured due to the injury. The purpose of this is to provide compensation for non-monetary losses resulting from injuries. But substantiating these losses can be challenging due to the fact that they are often not apparent. Subjective pain levels vary based on the individual, the nature of the accident, and additional contributory elements.

In support of your claim for pain and suffering, your personal injury attorney must describe the difficulties that your injury has presented. A number of factors will be taken into account by an insurance company, judge, or jury when determining compensation, such as the nature of the damage, the duration of the healing process, and whether it caused a permanent impairment or limitation.

Emotional distress is another kind of non-economic loss. An anxiety disorder or psychological distress may provide justification for a request for compensation. Experiencing emotional distress may be difficult to articulate; thus, maintaining a journal or journey calendar may prove beneficial. Additionally, you should specify any psychological distress that has ensued due to the accident.

What are Punitive Damages?

A person who sustains an injury and it is determined that another party was negligent may elect to file a claim for personal injury. Damages for pain and suffering, lost wages, and medical expenses will be the defendant's liability if the case is successful. A victim may, however, be entitled to additional punitive damages if the negligent or malicious behavior of the at-fault party results in severe injuries.

In Massachusetts, these damages are regrettably not awarded frequently. Courts may render such a determination if the circumstances warrant it. In fact, the state's statutes allow for punitive damages when a criminal acts with malice and willful disregard for the safety of others. You may not be able to sue for punitive damages in a typical car accident if you are hurt and the other driver was not operating the vehicle recklessly. In your case, only compensatory damages will be taken into account. However, if they were speeding, driving under the influence of alcohol, or texting while operating a motor vehicle and caused an accident that resulted in your injuries, the negligent party could be held liable for punitive damages.

The Massachusetts courts consider several elements when determining whether to grant punitive damages. In addition to establishing the plaintiff's other forms of damages, a trial is required to establish the plaintiff's burden of proof, which is consistently high. Furthermore, it is imperative to establish that the defendant acted maliciously and intentionally. When negligence is involved, punitive damages may not always be warranted.

Cases Involving Punitive Damages By Example

  • Dog bites: Instances where a negligent dog owner intentionally allows their dog to injure an innocent person may result in punitive damages being awarded.
  • Medical malpractice: Punitive damages may be awarded in cases where it is proven that a physician intentionally and negligently caused harm to a patient. If a surgeon operates on a patient while intoxicated or selects the incorrect body part for the procedure, for instance, punitive damages may be recovered.
  • Pharmaceutical liability: Instances where a pharmaceutical manufacturer possesses knowledge of the hazards linked to its medications but proceeds with the distribution and sale of said products without adequately disclosing them may result in punitive damages being awarded.

How Long Do I Have After an Accident in Massachusetts to File a Lawsuit?

Mass. Gen. Laws ch. 260, § 2A, specifies the statute of limitations for personal injuries in Massachusetts. Personal injury lawsuits must be filed within three years of the date of the injury accidents, per this statute. This means that in the event of an injury caused by the intentional or negligent actions of another, the statute of limitations to file a civil complaint in court is three years. On the date of the accident in which you sustained injuries, the deadline clock commences.

Brandon J. Broderick, a Massachusetts Personal Injury lawyer, is Ready and Available to Assist You Today With Your Claim

Unexpected accidents can occur, leading to severe injuries. Unexpected circumstances may have a negative impact on both your health and your finances. The manner in which you handle the case following the accident will determine the amount of compensation you receive. You are entitled to compensation for your losses if they were caused by the negligence of another party. You are not required to negotiate with insurance companies on your own; we are here for you and stand by your side.

Our Massachusetts personal injury attorneys at Brandon J. Broderick, Attorney at Law, prioritize demonstrating compassion and delivering outstanding client care to individuals in need. This keeps us among the leading personal injury law firms in Massachusetts. Our extensive track record of success, in particular, signifies that you can rely on us.

Car accidents, construction site accidents, slip-and-fall incidents, and other types of personal injury cases are among the many in which our attorneys have represented clients for years. We have helped a great number of individuals similar to yourself. We have office locations in Massachusetts including Boston, Brockton, Fall River, Lowell and Springfield.

Contact us today for a free case evaluation consultation in which we can assist you in regaining control of your life and discuss the specifics of your case.

Personal Injury

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