In the state of Massachusetts, accident victims are limited to a two-year window to file a lawsuit against the individual who caused their injuries. This statute of limitation begins on the day of the accident. If the victim fails to file a claim before this date, they forfeit their rights to any compensation. If you were injured due to negligence or avoidable occurrences, you should hire a Personal Injury Attorney in Boston MA promptly.
Understanding Shared Fault
Shared fault implies that the victim’s action contributed to the accident as well. When this is the case, the jury must determine the percentage in which he or she was at fault before awarding compensation. The percentage in which he or she is at fault reduces the overall value of the monetary award. If the jury determines that she or he is fifty percent or more at fault, the victim doesn’t receive a settlement.
Limitations
Massachusetts courts place a cap on the value of non-economic damages a victim can receive in a personal injury case. These damages are associated with pain and suffering and other tort related requirements. The cap assigned for non-economic damages is $350,000. There isn’t a cap associated with economic damages that include medical costs and lost wages. The settlement is based on the losses in which the victim suffered and based specifically on the severity of their injuries.
In terms of dog bite cases, a victim cannot file a claim against a pet owner if the animal bit them only once. Under the one-bite rule, the pet owner is not liable for damages unless the dog continues to attack the victim. In these cases, it is necessary for the victim prove that they were within their rights to enter the property in which the dog lives.
If the victim’s injuries were caused by negligent behavior or actions of a government employee, the same statute of limitation applies. However, there could be further restrictions that apply such as immunity from litigation in some cases. If you were injured by a government employee, you should hire a Personal Injury Attorney in Boston MA today from Law Office of Burton Hass.
