Personal Injury Law
When you are injured by another person or a company, you may have a claim for personal injury. Some examples of personal injury claims are cases caused by negligent driving, defective products, dangerous premises, construction site accidents, or even animal attacks. At Frisoli Associates, P.C., the skilled and friendly professionals can help guide you through the legal process and receive the compensation you deserve.
What is Personal Injury law?
Personal injury law offers people injured or killed by a third-party’s negligence the opportunity to receive compensation for their damages. Proving negligence is the cornerstone of personal injury cases, as claimants possess burden of proof. This means that the plaintiff must procure evidence that supports the cause-effect flow of several assertion:
- The defendant owed a duty to the plaintiff. This typically involves offering safe, responsible services and/or products to the plaintiff.
- The defendant breached this duty that they owed to the plaintiff. This implies that the defendant, at some point, was negligent in fulfilling their duty.
- The defendant’s negligence directly caused the circumstances that injured the plaintiff.
- The plaintiff sustained verifiable injury.
Negligence is often unintentional, but it causes harm to others who are under the impression that they are safe. For instance, a doctor that doesn’t wash their hands before examining a patient could transfer an illness without knowing it. Although the doctor didn’t try to hurt their patient by not washing their hands, they still caused harm.
Massachusetts practices comparative negligence in determining the outcomes of personal injury cases. In some cases, the at-fault party is fairly straightforward. In others, both parties may share a portion of the blame. In comparative negligence, the court assigns a percentage of fault to both parties. Although this sounds discouraging, the plaintiff in this situation can still recover compensation for their damages. The court multiplies the plaintiff’s percentage of fault with their total award, then subtracts this product. The end-figure is the compensation the plaintiff gets to take home.
Benefits of Pursuing a Personal Injury Claim
Personal injury claims assert that the defendant’s negligence has caused damages. Damages include both physical and emotional deficits that result from the accident. These include:
- Immediate medical bills (e.g. emergency room visits, examinations, and surgery)
- Recurring medical costs (e.g. medication, physical therapy, and injury-related equipment)
- Pain and suffering
- Emotional distress
- Therapy/family therapy
- Renovations to the home and/or car necessary to address the disability
- Lost wages (including future lost wages that result from the plaintiff’s injuries)
Contact Us Now
If you or a loved one has been injured in an accident, whether physically or emotionally, don’t delay and schedule a free consulation with one of the skilled lawyers at Frisoli Associates, P.C. to help receive the compensation you are owed.