To have a valid personal injury claim in Massachusetts, you need to meet some or all of the following criteria:
You Were Injured
- You suffered a physical or serious psychological injury
- You experienced pain, limited mobility, or other health complications as a result
- Your injuries caused temporary or permanent disability
You Needed Medical Care
- You required emergency treatment or hospitalization for your injury
- You needed surgery or physical therapy to regain basic functions
- You received diagnostic testing such as X-rays, MRIs, or CT scans
- You were prescribed medication to manage pain or treat your condition
- You needed medical devices like mobility aids or a pacemaker
- You required mental health counseling related to the trauma of the incident
- You will continue to have future medical needs due to the injury
Your Daily Life Was Affected
- The injury made it difficult or impossible for you to work
- You lost the ability to complete daily tasks
- You need help with basic care like eating and bathing
- You experience ongoing pain or physical limitations
- Your sleep has been disrupted due to pain or discomfort
- Your injury has affected your mental or emotional well-being
- Your injury has limited your ability to care for your children or dependents
The Incident Happened Recently
- Your injury occurred within the last three years
Massachusetts has a three-year statute of limitations, meaning you must file a claim within three years of the date of your injury or the date you discovered the injury.
Someone Else May Have Been at Fault
- Someone owed you a duty of care
- That person acted carelessly or negligently and breached the duty of care
A duty of care is a basic responsibility to act with reasonable caution. Examples include doctors who owe a duty of care to their patients and drivers who owe a duty of care to other vehicles on the road.
There Is Evidence of What Happened
- There was an accident or police report made at the time of your injury
- There are photos or video footage of the incident
- There were witnesses at the scene who saw what happened
- Your medical records show the incident caused your injuries
- Text messages, emails, or written communications document what happened
You must be able to directly relate your injuries back to the incident and clearly show that nothing else could have caused the harm you suffered. You must also be able to prove that you had no pre-existing conditions or injuries that are similar to the ones you are claiming.
You Incurred Expenses
- You lost income or missed business opportunities due to being unable to work
- You had to pay medical bills to get the care you needed
- The incident caused damage to your personal property, like your car
- You needed to modify your home to accommodate new disabilities
- You paid for prescription medications or medical equipment
- You needed counseling or mental health treatment after the incident
Your Family Was Impacted
- A family member had to leave work to care for you
- A family member is now your permanent caretaker
- Your family suffered financial losses due to your lost earnings
- Your spouse or partner has taken on additional household responsibilities
- Your injury has affected your relationship with your spouse or partner
You Are the Family Member of Someone Who Died From an Injury
If your loved one has died, you may have a wrongful death claim if some or all of the following are true:
- You are a dependent relative of the deceased, such as a spouse or child
- The accident or injury directly caused their death
- They would not have died if it weren’t for someone else’s negligent actions
- They incurred medical expenses prior to their death
- You incurred expenses for their funeral and/or burial
- You are now financially impacted by their missing income
- You had a close relationship and are emotionally impacted by their passing
Contact Our Veteran Massachusetts Personal Injury Lawyers Today
At Mazow | McCullough, PC, we advocate for injury victims and their families every day. We can review your case and provide you with the comprehensive legal representation needed to achieve a successful outcome.
Contact us today to learn more about Massachusetts personal injury claims or to schedule a free, no-obligation consultation to discuss the details of your claim. Call now at (978) 744-8000 or toll-free at (855) 693-9084.
