What Qualifies as a Personal Injury Case in Massachusetts?

What makes up a personal injury case in Massachusetts? There’s really four key elements. First, there’s a duty of care. The defendant had to have a legal obligation to act in a certain way, which is usually reasonable. For example, drivers must drive safely. Property owners must maintain safe premises. The second element is that there has to be a breach of that duty through a negligent act or an intentional act of the defendant. For example, where a driver was texting while they were driving or drunk or a patron punches you. The third is causation. That’s where the breach directly causes your injury, meaning the accident actually caused your injuries. And fourth and finally is that you actually suffered a damage. Could be medical bills, lost wages, pain and suffering. You also need to make sure that you’re filing within the three-year statute of limitations in Massachusetts, although that can sometimes differ. So, you want to make sure you talk to an attorney. The injury needs to be serious enough to justify legal action.

Minor bruises and cuts don’t qualify, but soft tissue injuries where there’s ongoing treatment absolutely does. In Massachusetts, there’s also something called comparative negligence, and that means when you can recover even if you’re at fault, as long as you’re less at fault than the other party.