In Massachusetts, personal injury can include all types of injury claims, including motor vehicle accidents, slip and fall accidents, products liability claims, liquor liability claims and medical malpractice claims. These types of claims are generally based upon another individual’s negligence.
In Massachusetts, generally, negligence means holding another person responsible for injuries to a person. When this occurs, generally there is a claim against that negligent person’s insurance carrier, and there is litigation or arbitration in an attempt to seek compensation for the injured person. When an injury occurs, and the victim incurs medical bills, lost wages and other out-of-pocket expenses, and also experiences the pain and suffering relating to an injury, it may be necessary to consider pursuing insurance benefits that may be available to provide compensation.
Insurance policies can be complicated. Some insurance policies have exclusions and exemptions which they may not apply to a specific type of accident claim. Also, some insurance policies have conditions which must be met in order to provide payment to an accident victim. Often an insurance carrier will attempt to deny an accident victim compensation due to many of these technical and complex insurance policy provisions.
Any attorney presenting such a claim to an insurance carrier must be prepared to pursue all possible insurance policies for purposes of maximizing the recovery due to an accident victim. An injured party who has suffered a personal injury due to the actions of another may pursue to recover for the reasonable expenses incurred for medical care and nursing in the treatment and cure of his injury, for all pain and suffering and for the diminution of earning power. This may also include the pain and suffering and diminution in earning capacity in the future. Generally the standard of measure of damages is fair compensation for the injury sustained. Also, generally, all damages resulting to a person as a result of a personal injury claim due to the negligence of another are recovered in one action only. This means that generally separate actions cannot be maintained by the same injured party, for example one for the pain and suffering relating to the claim, one for the medical bills incurred and one for the lost wage aspect of the claim.
It is important in any personal injury claim to fully and completely investigate all possible claims for medical bills, whether incurred to date or to be incurred in the future, as well as all lost wages, whether incurred to date or to be incurred in the future. Also, it is important to prepare during the course of litigation to present a claim for pain and suffering, whether to date or whether as an element of future pain and suffering.