Personal Injury

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Personal Injury Lawyer in Burlington, MA

DiBella Law Offices, P.C. Fights for Your Compensation! Call (781) 262-3338

At DiBella Law Offices, P.C., we understand that any type of injury can have potentially life-changing results. For many innocently injured victims, an unexpected accident or injury can result in expensive medical bills, lost time and wages from work, extensive property damages, and in some of the worst case scenarios, a tragic loss of a loved one. No matter what your case involves, our Burlington personal injury attorneys can advocate for your rights and make sure your losses or damages are compensated.

Do I Have A Personal Injury Claim?

If you’ve been injured as the result of another person’s actions (or inaction), you may in fact have a personal injury claim. If your injury was caused by the careless, negligent, or intentional act of another party, you do have grounds for a personal injury claim.

Who Can Be Sued In A Personal Injury Claim?

Anyone who, in any way, contributed to your injury can be held liable in a personal injury claim. This could be a driver that hit you, the owner of a property where you slipped and fell, a person who assaulted you, or the manufacturer of a defective product that injured you. Liability in a personal injury case is based "Duty of Care." Duty of care is the legal concept that a party (person, company, or organization) has a responsibility to act toward others with the watchfulness, attention, and caution that a reasonable, prudent person would under the same circumstances.

Examples of Personal Injury Cases

One of the most common types of personal injury case is the car accident. Because we tend to spend so much time behind the wheel, some drivers unfortunately distract themselves. Whether it’s fiddling with the radio, carrying on a conversation with a passenger, or using a cell phone while operating the vehicle, there are a variety of distractions that can be considered negligent behavior and that contribute towards liability in a car crash.

Dog bites are another type of personal injury case. Hypothetically, let’s say that a dog escapes from its backyard and manages to find its way over to your yard and bite you. Seeing that it was the dog owner’s responsibility to keep the dog within the fenced-in yard, it could be determined that the dog owner was negligent and thus liable for injuries caused by the dog.

Even the hospital, a place we all associate with recovering from injuries, can be the spot where a personal injury incident occurs. From mistakes made during surgery to misdiagnosing conditions, there are a variety of preventable mistakes that could be made which lead to serious injury that are ultimately caused by the negligent actions of others.

Modified Comparative Negligence

However, it’s not quite as simple as "You hurt me, now pay me." Massachusetts follows what’s known as "Modified Comparative Negligence." This is a legal concept whereby the two parties involved in an incident can share negligence. In the state of Massachusetts, you can only collect compensation for damages if you were less than 51 percent at fault for your injuries. Let’s look at an example...

Let’s say you’re driving at night when another car runs a red light and hits your vehicle. After the details surrounding the accident are investigated, it’s revealed that you were speeding and did not have your headlights on when the other car hit you. A judge could find that, while the other driver ran a red light, the accident may not have happened or been as bad if you’d not been speeding and had your headlights on. The judge assigns 30 percent of the fault to you and 70 percent of the fault to the other driver. This would mean that you could sue the other driver for compensation, but they could not sue you.

Won’t Insurance Cover the Costs of My Injuries?

Hopefully, both you and the other party are fully insured. Unfortunately, insurance policies have limits. For example, suppose the other driver has a policy covering them up to $40,000, but your medical expenses were over $1 million. The only way to recover your losses would be to sue the other party and their insurer. It’s also important to remember that insurance companies are in the business of making money, not losing it. Any compensation offers you receive from the insurance will almost always be lowballed so that the amount needing to be paid out is as minimal as possible.

Do I Need A Personal Injury Attorney?

If you’ve been injured, you are certainly not required to be represented by a personal injury attorney. However, in order to obtain the best results possible for your case, hiring an attorney is absolutely imperative. An experienced personal injury attorney will know how to calculate the full cost of your injuries, factoring in lost wages from missed work, costs of future medical procedures, affects on quality of life, and more. When the attorney comes up with an estimate of the costs of your injuries, they will present it to the other party’s insurance company. If the insurance company disagrees with the amount, your attorney can litigate an amount that is agreeable to both of you, or represent you in a trial. In any event though, hiring an attorney will always give you the peace of mind knowing that you’re going to be properly compensated for your injuries according to the letter of the law.

Statute of Limitations

In Massachusetts, you have three years from the date of your injury to file a personal injury claim. However, waiting to file a case can do irreparable damage to your personal injury case. That is, the more time that passes from the actual time of the incident to a thorough investigation of the incident, the more likely it is that evidence and eye witness testimony will be lost and your case may not be as strong as it could have been. To ensure that you are properly compensated for your recovery, it’s always best to contact an experienced personal injury attorney as soon as possible following the events that led up to your injury and consequent recovery.

At DiBella Law Offices, P.C., our firm represents individuals and families in both Massachusetts and New Hampshire who have experienced serious injuries and losses due to someone else’s negligence. If you’ve been involved in an accident or know someone who has been seriously wronged by another person, please contact our firm at (781) 262-3338 immediately for assistance.

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