Every year, motor vehicle accidents in Massachusetts severely injured thousands and the process of receiving compensation for injuries sustained by victims of someone else’s actions can be costly and time-consuming. When a car accident occurs, it may be necessary to institute a lawsuit in order to seek compensation.
If you or a loved one were involved in a motor vehicle accident, it’s important to select and retain an attorney with experience litigating cases involving motor vehicles in the applicable local District Courts or local Superior Courts.
Understanding Massachusetts law relating to automobile accidents is an integral part of making a successful claim once litigation has commenced. Whether it’s laws of the road in Massachusetts, or laws relating to prejudgment interest and post judgment interest, or liens from medical service providers or health insurance providers, to be successful in auto accident lawsuits it’s important to work with an attorney who has extensive litigation experience.
Every year, thousands of individuals in Massachusetts are killed or injured due to motor vehicle accidents. The cost of injuries and property damage reaches into the millions of dollars, often causing significant financial and medical hardship for car accident victims.
If you or a loved one were involved in a car accident in Central Massachusetts, it’s crucial to retain a car accident lawyer with the experience of litigating Massachusetts motor vehicle accident cases. Why? Because every state has its own motor vehicle laws and to successfully pursue a case, the attorney you or your loved one hires must have litigation experience in the applicable local District Courts or local Superior Courts if it becomes necessary to institute a lawsuit seeking compensation. If this occurs, then a decision about which court to file an action in will have to be made.
Slip and fall lawsuits are among the most frequently filed claims in Massachusetts. Anyone who has experienced slip and fall injuries can suffer from expensive, serious, and long-lasting neurological and orthopedic problems. Slip and fall injuries often result in facial fractures, limb fractures, back injuries, and neck injuries. Depending upon how the slip and fall occurred, an injured party may be faced with the need to prove that the owner of the property where the fall happened was negligent. That’s because to be held “negligent” and therefore liable for damages in a slip and fall case, a property owner (or the owner’s agent or employee) must have failed to act as a reasonably prudent individual would have acted under circumstances similar to those leading up to the accident.
Sometimes this proof of negligence can involve the need for an attorney representing a slip and fall injury victim to prove that the property owner violated Massachusetts laws, including building codes, health codes, or other codes and regulations related property ownership.
It’s crucial that an attorney representing the victim in a slip and fall case must have extensive experience and knowledge of all building codes, health codes, and other laws relating to premise liability. Often it is necessary to retain a liability expert to assist in proving that the property owner was negligent in the maintenance and upkeep of the property on which the slip and fall injuries occurred. It is often the critical variable that determines a slip and fall case when a liability expert can prove the owner’s violation of building codes, health codes or other Massachusetts laws relative to property ownership.
If you’ve been involved in a slip and fall accident or know someone who has, please feel free to call my cell phone at (508) 499-8359 or my office at (508) 756-6206 at any time. I’m here to assist you in any way possible, even if only to answer a question. As a member of the Multi-Million Dollar Advocates Forum and the Million Dollar Advocates Forum, I have the expertise and experience to assist slip and fall accident victims in every aspect of their claims. I work on a contingent-fee basis so you will not have to pay any attorney’s fees unless we win a settlement or verdict for you.
Personal injuries account for a substantial number of lawsuits filed annually in the Commonwealth of Massachusetts. Unfortunately, many victims of personal injuries received in auto accidents, slips and falls, and other mishaps don’t take advantage of the benefits provided under the law in the state. Many simply believe they don’t have a case, or don’t have injuries significant enough to warrant filing a claim against a responsible party.
It’s important to understand that if you or someone you know is injured in an accident a personal injury claim can help pay medical bills, recover lost wages, and receive compensation for pain and suffering. Acting in a timely manner is critical, though, because Massachusetts has a statute of limitations that provides a three year window of opportunity to file a claim starting from the date of the incident.
However, there are a couple of exceptions to this rule that should be noted:
- The three-year window does not apply to cases in which the injury was discovered after the incident occurred
- Any claim against a municipal government must be completed in two years
As our population ages, growing numbers of seniors are requiring some form of assisted living and many end up in nursing homes. Placing an aging parent in a nursing home is a heart-wrenching decision more and more families are having to make these days and it can be difficult to trust the care and well-being of a loved one to strangers.
Unfortunately, that trust can be violated through abuse and neglect. In many cases, underpaid and overworked nursing home employees don’t provide the proper care and attention needed. When that occurs, patients can suffer from illness, injury, and even death.
From a legal perspective, nursing home malpractice is essentially any intentional or negligent act committed by a nursing home professional that can cause physical, mental, or psychosocial harm to a nursing home resident. With the growing number of seniors now utilizing nursing homes and other assisted living facilities, nursing home malpractice is growing as well. If you suspect a loved one might be a victim of nursing home malpractice, contact us here at the Law Office of James Haddad – we can help determine if there is a case to be pursued hold the appropriate parties legally responsible for that neglect or abuse.
Injuries caused by medical malpractice are among the most demoralizing personal injury claims. You trust the doctor, surgeon, nurse or general hospital staff to make the right diagnoses and take the best courses of action for treatment to prevent further injury and help you get well.
But doctors, nurses and other health care professionals are often hurried and stressed, and may render diagnoses or choose treatments that are not appropriate for your illness or condition. Regardless of the choices they make, they cannot disregard your care or your best interests. When they betray your trust and the result is injury or disability, you may be at a loss as to how to deal with it.
The best course of action is to call an attorney experienced in medical malpractice. Working with an experienced advocate against medical negligence can mean the difference between a successful lawsuit and failure. As a highly-experienced medical malpractice attorney, I know that all medical professionals are held to high standards of care. When those standards are neglected or ignored altogether, I will be your advocate in pursuing maximum compensation.
Accidents are called “accidents” for a reason – they are unexpected, unpredictable, and can cause both suffering and inconvenience. Often when someone is injured in an accident, a personal injury lawsuit is filed on their behalf by an attorney to help pay for medical treatments and recovery, as well as lost wages and other injury-related damages. And while a significant number of personal injury lawsuits are the result of motor vehicle accidents, suits are also filed on behalf of individuals injured by workplace accidents; defective products; poorly maintained, malfunctioning or damaged premises; and general negligence.
Here at the Law Office of James Haddad, we specialize in personal injury lawsuits, defending the rights of personal injury victims and their families since 1983. We work hard to obtain maximum compensation for our clients to cover medical expenses, rehabilitation costs, lost income, as well as pain and suffering. As a personal injury lawyer, I understand the substantial impact an injury can have on you and your loved ones – that’s why I explore all options to obtain the compensation you need and deserve.
In addition to motor vehicle accident claims, I handle a wide variety of personal injury claims in the Greater Worcester area, including:
Generally in any type of personal injury claim there may be more than one party to pursue. Sometimes there are several parties responsible for the same personal injuries. This is known as “joint and several liability” and here in Massachusetts, the law is structured to ensure that an accident victim receives the damages he or she is owed, even if one of the defendants is unable to pay part or all of the reward.
Specifically, Massachusetts General Law chap. 231B, sec. 2 was enacted to protect victims by ensuring that, so long as the victim was less than 51 percent responsible for the accident and the resulting injury, they’re entitled to be paid damages in full from any or all of the defendants found at fault – even of one or more of them is unable to pay. Put another way – if two individuals are found at fault and one cannot pay any or all of their share of the award, the other defendant is responsible for the award in full.
In circumstances that point to joint responsible parties, it is important to protect and pursue claims against all possible parties in the event that one cannot pay. A thorough, experienced personal injury attorney will conduct research into all possible parties who can be identified as responsible for all or part of an accident and injury. It is imperative to research the relationship between all possible parties to determine any relationship issues between these responsible parties which could benefit the plaintiff in pursuing compensation for personal injuries.
At first glance a statute of limitations and a statute of repose can look similar, causing some to question if there’s any difference at all. But there is. In general, statutes of limitations and statutes of repose are both state laws that set time limits on the right to file a civil lawsuit. The major difference is that a statute of limitations begins when an accident or incident takes place, while the clock on a statute of repose starts when an action occurs – or substantially occurs, such as when renovations to a building are largely completed — regardless of whether damage or an injury has occurred.
However, there are a few key differences between a statute of limitations and a statute of repose.
There is a specific statute of limitations in most states that applies to “tort” or personal injury cases in which an individual’s carelessness or intentional action causes harm to another. And that same personal injury lawsuit deadline will typically apply to product liability lawsuits. The time limitation to file a suit kicks in when the damage or injury is discovered, so there could be a significant period of time between when the initial cause occurred – for example, when a defective drug was used – and when the injury was actually discovered. Here in Massachusetts the time period between discovery and filing is three years.
If you’ve been injured in an accident it helps to know about something called “Notice of Injury.” Generally, in negligence claims such as motor vehicle accidents and slip-and-fall accidents, there is a three-year statute of limitations for filing a personal injury lawsuit, although there may be some variations that can affect that timetable. For example, if a latent injury that couldn’t be detected until some time after the accident, the three-year time limit may not start to run until the “discovery date.” If you or someone you know is injured, it’s important to immediately check with an attorney to find out the appropriate statute of limitations affecting your situation.
There also may be certain notice requirements or presentment requirements prior to the expiration of three years. For example, in certain claims against some government agencies, there may be an obligation to notice and\or present to them much earlier than the three years. This earlier notice requirement and\or presentment requirement varies with each particular type of claim. There may be the need to include certain factual allegations or legal standards which have to be included in the earlier notice and\or presentment requirements. Because certain entities, governmental or not, have this added protection, it is imperative that an injured party speaks to an attorney as soon as possible to verify the applicable statute of limitation and then determine whether there is an earlier notice and\or presentment requirement.