Massachusetts law states that any person filing a medical malpractice claim must do so within a specific time frame:
* Medical Malpractice – within three years of the date of injury or discovery
* Minor – special circumstances arise in Massachusetts for minors. A minor’s statute of limitations begins on their 18th birthday.
There are several personal injury laws in Massachusetts like the Tort Law that give protection to people who have been injured for any reason. As per these laws, a person who has been victim to personal injury can claim compensation that generally covers medical bills, lost wages (including overtime), pain & suffering, physical disability, disfigurement, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love and affection, embarrassment, mental disability, property damage, and all out of pocket expenses (such as transportation charges, house cleaning and others). The Tort Law aims to provide compensation to victims; obligate the person who has caused the injury to pay punitive damages, legally; prevent the recurrence of similar injuries caused by negligence or reckless action; and defend the victim’s legal rights.
For filing a suit against a person or a company on the charges of personal injury, the victim has to first prove that the person/company was responsible for the injury. The suit can be based on negligence, strict liability or intentional misconduct. A victim who is partly at fault for the injury can also file the suit under the concept of “comparative negligence” or “contributory negligence.” Personal injury claims should be filed as soon as possible, because every state has statues of limitations that is the time allowed for cases to be reviewed. For instance, a malpractice suit in the state of Massachusetts has to be filed within three years.
Both parties coming to an agreement can also settle Massachusetts’ personal injury cases out of court. And if this is not acceptable, they can go to court. In any case, a person filing a suit for personal injury needs the help of an experienced lawyer to win the. It is better to take the help of a lawyer who has expertise in personal injury cases. Most law firms have attorneys who have expertise in such cases. The Internet is a good source for finding more about Massachusetts’ personal injury lawyers. Some law firms also have websites where the client can register and give a brief profile of the case for online/offline/phone consultation.