Massachusetts Personal Injury and Workers' Compensation Law Blog
Can I Sue If I’ve Been Injured?
Laws in the United States permit parties to sue if they have been injured in an accident. But in order for there to be a valid case, negligence must be shown. Negligence means failing to act as a reasonable person would similar circumstances.
Therefore, before you can sue for personal injuries caused by a car accident, you must show that the accident was caused due to negligence. For example, if someone rear ends you and you are injured as a result, you likely have a valid lawsuit to pursue. Or, if you were a pedestrian struck by a car while you were in a crosswalk, then you probably have valid grounds to file a lawsuit against the driver who struck you.
Cases have to be filed in the appropriate court. For cases involving modest injuries with medical bills less than $50,000, the proper court to file in is the District Court. For all other cases, the Superior Court is the appropriate court to file a Massachusetts personal injury lawsuit.
These lawsuits have strict statutes of limitations. Generally, for most Massachusetts personal injury case, the statute of limitations requires these lawsuits be filed within three years from the date of accident. For minors, the three years begins to run three years from the minor’s 18th birthday. For cases against the MBTA, the statute of limitations is three years, but proper, written notice of the accident must be sent to the MBTA within two years of the accident. The legal term for this required written notice is called presentment.
Please note you may not file a lawsuit against your employer for a workers comp accident. However, if it can be shown that a third-party caused your accident, then a lawsuit can be filed. For example, if you slip and fall at work and a third-party cleaned the floor and caused it to he excessively slippery, then you may file a lawsuit for negligence against the cleaning company.
Accident And Injury Lawsuit Lawyer
If you or someone you know has been injured in an accident, financial compensation may be available. Be sure to download our free guides that are intended to help you make the best possible legal decision for your case. Contact the Earley Law Group Injury Lawyers today for a free consultation to get started.