How Massachusetts Personal Injury Law Works for Injury Victims

Navigating the aftermath of an accident in Massachusetts involves understanding specific legal standards. When negligence causes harm, Massachusetts law provides a pathway for victims to recover damages. However, these laws include strict timelines and rules that can impact the outcome of a case. Consulting with experienced attorneys in Hyannis, MA, ensures you understand these complexities and protect your rights effectively.

Understanding Comparative Negligence

Massachusetts follows a “modified comparative negligence” rule. This system determines the amount of compensation a victim can receive based on their level of fault in the accident.

The 51% Bar Rule

Under this rule, you can recover damages only if you are less than 51% at fault for the accident.

• 0% Fault: You receive full compensation for your damages.
• 1% to 50% Fault: Your percentage of fault will determine your total compensation.
• 51% or More Fault: You are barred from recovering any damages from the other party.

Courts and insurance adjusters examine evidence closely to assign these percentages. Attorneys in Hyannis play a crucial role in gathering evidence to prove that the other party is primarily responsible.

Critical Deadlines for Filing Claims

Every personal injury case in Massachusetts must adhere to the Statute of Limitations. Missing these deadlines usually results in the court dismissing your case entirely.

1. Standard Personal Injury: You generally have three years from the date of the accident to file a lawsuit.
2. Medical Malpractice: While typically three years, specific rules apply to when you “discovered” the injury.
3. Claims Against the Government: These cases often have much shorter notice requirements, sometimes as little as 30 days.

Acting quickly preserves evidence and witness memories, which strengthens your claim.

Contact Our MA Personal Injury Team

Massachusetts law aims to protect injury victims, but the procedural hurdles are significant. You need a legal team that understands local courts and state statutes. If you or a loved one suffered an injury, do not wait until the deadline approaches. Contact our skilled attorneys in Hyannis today to schedule a consultation and discuss your legal options.