Personal injury law in Massachusetts covers legal disputes that arise when someone suffers harm due to another party’s negligence or intentional actions. If you’ve been in a car accident, or involved in a personal injury in Andover or anywhere in Massachusetts, understanding the basics of personal injury law can help you know your rights and how to pursue compensation.
What Is Personal Injury Law?
Personal injury law allows individuals who have been injured to seek financial compensation for their losses. These losses can include medical bills, lost wages, pain and suffering, and more. In Massachusetts, personal injury cases often stem from incidents like:
- Car Accidents (including truck accidents)
- Motorcycle Accidents
- Slip and Fall Cases
- Dog Bites
- Medical Malpractice
Car Accidents and Personal Injury Law in Massachusetts
Car accidents are a leading cause of personal injury in Andover and throughout the state. Massachusetts operates under a “no-fault” insurance system. This means that after a car accident, your own insurance company will cover your medical expenses and lost wages, regardless of who was at fault, up to a certain limit.
However, if your injuries are severe, you may be able to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. You can do this if your medical expenses exceed $2,000 or if you suffer serious injuries such as:
- Permanent disfigurement
- Broken bones
- Loss of sight or hearing
- Significant loss of body function
Understanding Negligence in Massachusetts
To win a personal injury case, you must prove that the other party was negligent. Negligence means that someone failed to act with reasonable care, causing harm to another person. In Massachusetts, the legal concept of comparative negligence applies. This means that even if you were partially at fault for the accident, you can still recover damages – as long as you were less than 51% responsible. However, your compensation will be reduced by your percentage of fault.
Truck Accidents: A Special Focus
Truck accidents often result in more severe injuries due to the size and weight of commercial vehicles. These cases can be more complex because they may involve multiple parties, including the truck driver, trucking company, and even vehicle manufacturers. Massachusetts law requires trucking companies to adhere to strict safety regulations, and violations can be key evidence in personal injury claims.
Other Common Personal Injury Cases
Slip and Fall Accidents: Property owners have a duty to maintain safe conditions. If you’re injured due to a hazard like an icy sidewalk or wet floor, you may have a claim.
Dog Bites: Massachusetts follows a strict liability rule, meaning dog owners are usually responsible for injuries their pets cause, even if the dog has no history of aggression.
The Legal Process for Personal Injury Claims in Massachusetts
Seek Medical Attention: Your health is the top priority. Document all treatments as they will support your claim.
Consult a Personal Injury Attorney: An experienced lawyer can help you understand your rights and build a strong case. Kiley Law Group has been serving the Massachusetts and New Hampshire communities for over 50 years, recovering over $1 Billion for those injured.
Investigation: Your attorney will gather evidence, including police reports, witness statements, medical records, and more.
Negotiation: Most personal injury cases are settled out of court. Your lawyer will negotiate with the insurance company to get fair compensation.Litigation: If a fair settlement can’t be reached, your case may go to trial.
Local Considerations in Andover, Massachusetts
Being familiar with local courts and legal procedures can be an advantage in personal injury cases. For example, cases in Andover may be handled through the Essex County Superior Court. Additionally, local accident statistics can sometimes strengthen a case by highlighting common dangers in the area, such as high-risk intersections or hazardous road conditions.
Why Choose Kiley Law Group? With decades of experience handling personal injury cases in Massachusetts, Kiley Law Group understands the nuances of state and local laws. Our team is committed to fighting for the compensation you deserve, whether you’ve been injured in a car accident, truck collision, or other incident.
Contact Us for a Free Consultation
If you or a loved one has been injured in Andover or anywhere in Massachusetts, don’t navigate the legal process alone. Contact Kiley Law Group today for a free consultation. We’ll review your case, explain your legal options, and help you take the next steps toward recovery.
