Cape Cod Injury Lawyer Blog
Knowing that now is the time to hire an injury lawyer depends on various factors, including the severity of your injuries, liability and negligence, insurance company tactics, potential damages to your personal items, and more. The Law Offices of John C. Manoog III seek to represent individuals who feel compromised due to a personal injury case. Allow our team of personal injury lawyer Plymouth experts to provide you peace of mind with your choice to file a claim for personal injury. Read on to better understand the common characteristics of a personal injury claim and determine if hiring a personal injury attorney in Plymouth MA is the right option for you.
Elements That Warrant Personal Injury Legal Representation
When considering whether to hire a personal injury attorney Plymouth MA for assistance, there are several integral elements of a case that individuals should account for. These elements can help them determine whether their situation warrants legal representation. Each factor within the following list helps our personal injury attorneys determine if your case is fit for legal action.
Severity of Injuries
The seriousness of sustained injuries is pivotal in determining the need for legal representation. In cases where injuries are minor and don’t demand extensive medical care, hiring a lawyer might not be essential. Conversely, if injuries are severe, resulting in enduring disabilities, substantial medical expenses, or considerable pain and suffering, seeking legal counsel from a personal injury lawyer Plymouth professional could prove beneficial.
Typically, there exists a correlation between injury severity and the value of a personal injury claim. This link is because severe injuries require heightened medical attention and prolonged recovery periods, resulting in more pronounced financial and emotional hardships. Notably, injuries affecting the spine and brain carry substantial weight in personal injury claims due to their potential for inflicting enduring physical limitations that can significantly impact an individual’s life. Spinal injuries can lead to paralysis or persistent pain, while brain injuries may result in cognitive impairments and lifelong disabilities.
Due to the extensive medical care and prolonged rehabilitation required, it’s not uncommon for more compensation to be awarded to those affected by spinal, brain, or combined injuries. This compensation evaluation considers direct consequences, such as medical treatment and rehabilitation costs, and indirect consequences, such as income loss and reduced future earning capacity.
Admission of Liability in Personal Injury Cases
When the role of another party’s negligence or intentional actions in your injuries is evident, it reinforces the motivation for seeking legal support from a personal injury attorney Plymouth MA. Establishing the other party’s liability stands as a pivotal component within the framework of a successful personal injury claim.
Most personal injury cases are rooted in negligence assertions, encompassing scenarios such as motor vehicle accidents, wrongful death, medical malpractice, and slip-and-fall accidents.
The burden of proving the four legal components of negligence rests upon the injured party:
- The obligation of the other party to ensure the victim’s safety
- The breach of the duty of care by the other party
- The breach’s direct and proximate causation of the victim’s injury
- The victim’s punitive damages due to the at-fault party’s conduct
Negligence signifies the failure to act with the level of care that a person of reasonable prudence would exercise in a similar situation. The jury determines what actions a reasonable individual would have taken in the defendant’s circumstances.
Initially, your personal injury attorney Plymouth MA presents an argument concerning the actions a reasonable person would have taken. Subsequently, the attorney employs the evidence to contend that the defendant’s conduct fell short of this standard, leading to the accident resulting in your injury.
In the event of a guilty jury verdict, the jury determines the monetary compensation the defendant must pay to the plaintiff for damages. Most personal injury cases find resolution through negotiations with the responsible party’s liability insurance provider. Even if a lawsuit is filed, a settlement may reach an agreement before the trial’s court date.
Personal Injury Insurance Tactics
Insurance companies often deploy teams of adjusters and lawyers with the primary aim of minimizing their payout obligations. When grappling with an uncooperative insurance company, considering legal representation from a personal injury lawyer in Plymouth can be a prudent step to safeguard your rights and interests.
Claims adjusters are tasked with resolving your case and strive to have you accept the lowest possible settlement. They aim to enhance their insurance companies’ profits by persuading you with a lowball offer. To achieve this, claims adjusters might employ various tactics:
- Unnecessarily prolonging the processing of your claim
- Extending the investigation phase unduly
- Requesting excessive information
- Seeking access to your complete medical records
- Presenting settlement offers below the rightful value of your case
- Declaring an offer to be final
- Citing limitations on authorization for their offered amount
- Deliberately delaying a legitimate insurance claim
Preserve the integrity of your claim when communicating with an adjuster and refrain from admitting fault. Avoid consenting to provide a recorded statement to the insurance provider. Refrain from accepting the initial or even subsequent settlement proposals unless you’ve consulted with an attorney. In cases where you suspect insurance bad faith—when an insurance company handles your claim dishonestly or unjustly—it’s advisable to consult a personal injury attorney Plymouth MA team about potentially pursuing an additional lawsuit against the insurer.
Compensatory Damages in Personal Injury Cases
If your case has the potential for substantial compensation covering medical expenses, lost wages, pain and suffering, and other damages, enlisting a lawyer at The Law Offices of John C. Manoog III can ensure you receive the rightful compensation.
Compensatory Damages in Massachusetts
- Medical Expenses: Plaintiffs can receive compensation for current and past medical expenses and anticipated future medical costs deemed reasonable and necessary. These often include projected nursing and institutional care.
- Loss of Earning Capacity: Massachusetts allows compensation for the reduced ability to work, regardless of current employment. This assessment considers factors like age, skill, training, experience, industry, and limitations due to injuries.
- Pain and Suffering: Juries can award damages for physical and mental pain and suffering. This covers past, present, and probable future pain relating to injuries, mental anguish, and related emotions.
- Disfigurement: If injuries result in physical changes, juries determine compensation based on fairness and impact on appearance.
- Loss of Consortium: Spouses and children can seek compensation for the loss of marital and parent-child relationships due to injuries sustained by the plaintiff.
Compensatory damages for pain and suffering, disfigurement, and loss of consortium aren’t linked to specific monetary losses, making them challenging to quantify. Massachusetts law doesn’t provide a formula for jurors to calculate such damages; they rely on their judgment to determine fair compensation. Additionally, attorneys cannot suggest specific dollar amounts for damage awards. Therefore, lawyers must convey the unique impact of injuries on each plaintiff to the jury. This individualized approach contributes to the range of damage awards for similar injuries.
Statute of Limitations for Personal Injury in Massachusetts
In Massachusetts, the typical timeframe for filing personal injury cases is a three-year window starting from the date of the accident or injury occurrence. Should an individual sustain an injury due to another party’s negligence, they typically possess a three-year window from the incident date to speak with a personal injury attorney Plymouth MA group. This period allows them to initiate legal action aimed at pursuing rightful compensation.
Peace of Mind
Dealing with a personal injury can be physically, emotionally, and mentally draining. Having a lawyer to handle the legal aspects of your case can provide you with peace of mind and allow you to focus on your recovery. The Law Offices of John C. Manoog III work to ensure your case is handled with care, to receive the proper representation you deserve.
Receive Esteemed Personal Injury Representation from The Law Offices of John C. Manoog III
It’s beneficial to consult with a personal injury lawyer for a professional assessment of your case. Our personal injury lawyer Plymouth team offers free initial consultations, where we can evaluate the merits of your case and provide guidance on whether legal representation is recommended. Contact personal injury lawyer Plymouth professionals at The Law Offices of John C. Manoog III to receive a free consultation today.