Bodily Injuries
If you’ve been injured due to the wrongful conduct of another person or business, your focus should be on your physical recovery and return to normal life. Let our office focus on helping you to recover the monetary damages to which you’re entitled. Our attorneys bring a wealth of experience in pursuing and litigating personal injury claims, from the perspectives of both plaintiff’s and defense counsel. We handle most of our bodily injury cases on a contingent fee basis, meaning we don’t get paid unless and until our clients recover a judgment or settlement.
Personal injury cases are usually based on a claim for negligence, which requires a plaintiff to show that the defendant breached a duty owed to the plaintiff, and that the plaintiff suffered damages as a result. Massachusetts law allows a plaintiff to recover for:
- Medical expenses (even if they were paid by insurance);
- Pain and suffering;
- Scarring and disfigurement;
- Exacerbation of a preexisting condition;
- Loss of income and earning capacity; and
- Loss of enjoyment of life
Motor Vehicle Accidents:
More than 2 million people are injured in auto accidents each year in the U.S. In Massachusetts, as in every state, drivers owe a duty of care to avoid collisions with pedestrians, other drivers, and property owners. Pursuing a personal injury claim with an at-fault driver’s insurance company can be confusing and overwhelming. You may be asked to provide recorded phone interviews, sign medical record release authorizations, and accept a low-ball settlement offer. To navigate this process and maximize your recovery, you need an experienced advocate on your side. If you’ve been injured in an auto accident due to another driver’s negligence, please call our office as soon as possible.
Premises Liability:
Under Massachusetts law, landowners owe a duty of reasonable care to all lawful entrants onto their property. This includes a duty to use reasonable care in removing snow and ice from walkways and parking lots. The duty of care includes a duty to maintain the property in a reasonably safe condition in view of all the circumstances, including the likelihood of injuries to others and the burden of avoiding the risk. It also includes a duty to warn lawful visitors of any danger or defect on the premise that is not likely to be known to them and of which the owner or possessor knows or ought to know.
Injuries from negligently maintained premises can occur in a variety of circumstances. For example, our office has handled premises liability claims arising from:
- Slip and fall on snow/ice;
- Trip and fall on crumbled/uneven pavement, walkways, and steps;
- Trip and fall resulting from negligently placed luggage cart;
- Fall resulting from collapsed stair tread; and
- Fall resulting from automatic door malfunction
Strict Liability:
Massachusetts law recognizes certain circumstances under which a defendant faces strict liability, meaning that liability does not depend on whether the defendant acted intentionally or negligently in bringing about harm to the plaintiff. Strict liability generally applies to the following types of cases:
- Injuries resulting from a building code violation;
- Injuries caused by dog bites (unless the plaintiff was trespassing or provoking the dog);
- Injuries caused by a product defect (if the product was being used as intended); and
- Injuries caused by a landowner carrying on an abnormally dangerous activity or practice on his/her property.
Loss of Consortium:
Under certain circumstances, Massachusetts law also permits a close relative of a plaintiff to assert a separate cause of action (in the same case) for loss of the plaintiff’s companionship, affection, and assistance. Most commonly, a loss of consortium claim is asserted by an injured party’s spouse. A parent can recover for loss of consortium of their child, and vice versa.
