Can I Sue For My Massachusetts Injury Claim?

Can I sue for my Massachusetts injury claim?

As a Boston personal injury lawyer, I receive this question frequently.  People that are injured understandably want to know what their legal rights are.  For some injuries, you can file a lawsuit.  For others, you can’t.  It really depends on the type of case.  Here are some different types of cases that allow you to sue, as well as others that don’t allow you to sue.

Injury Cases That Can Be Litigated

For all negligence claims, you may sue.  Generally, these cases start first as claims against the responsible parties insurance company.  If a settlement is not reached then a lawsuit can be filed.  For example, if someone injures you in a car accident, you can sue that person.  Or, if you slip and fall in a store, you can sue the store.  However, the party you are suing must be negligent in order for their to be a valid case.

For example, if you are a pedestrian and you are not in a crosswalk and walk into traffic without looking out for cars, and get hit, negligence will be impossible to show.  In that case you would not want to file a lawsuit, because the case will go nowhere.   Or, if you negligently strike a vehicle or person with your motorcycle, you will not have a valid negligence case to pursue.

For some cases, you can sue even without needing to show negligence.  This is the case for dog bite cases.  These cases are governed by strict liability, instead of negligence.

Injury Cases That Can’t Be Litigated 

While the majority of injury can be litigated, there are some cannot.  For example, if you are injured on the job, you cannot file a lawsuit.  You can however file a third-party lawsuit.

If you are unable to settle an underinsured or uninsured motorist claim, you must proceed to arbitration rather litigation.  That is because these are contractual disputes with insurance companies, rather than tort claims.

Boston Injury Lawyer

Regardless of the type of Massachusetts accident case you had, contact the Law Office of Christopher Earley today. We always offer free consultations and stand ready to help you get maximum compensation for your injury case