Massachusetts Personal Injury Laws

2008-11-24 13:50:55

( Insurance )



Brief Description of Personal Injury

Personal injury is a very general term that refers to any physical damage, illness or death suffered by a person due to another party's negligence. The negligent party is liable for such occurrences and the injured party or his family can demand monetary and other types of compensation for the injury or death. The main rule is that you file a personal injury case only in the state where the incident occurred. Your case will then be interpreted at a court of law in the state based on the state's own laws and policies about personal injury.

Personal injury laws vary from one state to another, especially in the aspect of the maximum time allowed for you to report a personal injury case against someone else. Legal requirements for Boston personal injury cases may be different from those of Miami, New York or other cities.

The NIED Provision in Massachusetts Personal Injury Laws

Massachusetts personal injury laws make you liable if you have caused injury, illness or death to another person through negligence. This part of Massachusetts personal injury law resembles that of all the states.

In addition, you are also liable for any emotional or mental distress you have caused due to your negligence. This provision is also known as negligent infliction of emotional distress or NIED.

However, NIED can only be claimed by people who are close to the injured party, particularly loved ones. For instance, if a person were accidentally killed by a speeding car and the incident was witnessed by his fiancee or parents, these loved ones can claim NIED against the driver. But a bystander across the street who may have also witnessed the accident is not entitled to claim NIED.

Statute of Limitations

Under Massachusetts personal injury law, you have till three years to file such a claim, starting from when the injury occurred. But the state also supports the Statute of Repose or the discovery rule, which overrules the three-year limitation, in cases where you may have the injury but did not associate it with negligence until some years later.

Comparative Negligence

There may be cases where both the defendant and the plaintiff are at fault. A doctor may have neglected to inform his patient about the risks of taking a specific medication, and the patient may have also been negligent in not following instructions. In such cases, the party who is deemed to have been more negligent by a Massachusetts court will face the consequences.

Need to Consult a Massachusetts Lawyer

Personal injury cases are difficult to claim and prove if you're the plaintiff. The defendant may also stand a good chance of refuting a claim if he is more knowledgeable about Massachusetts personal injury laws than the plaintiff.

If you think you may have a valid claim, you should seek legal assistance immediately. There are many competent Massachusetts lawyers who can help you with your case.


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