The best Marshfield personal injury lawyer should be your first call if you’ve been hurt in an accident in Marshfield, MA. Your mind is probably swirling with all kinds of questions – everything from how to get the best medical treatment to who’s accountable for paying those bills and other damages. Let The Law Office of Robert C. Shea P.C. take away these worries. They can provide the answers to all your questions and navigate the process for you.
Regardless of the settings or circumstances, suffering injuries is scary, frustrating, and often life-altering. When the incident was caused by the recklessness, wrongdoings, or negligence of another person/entity, the situation becomes more complicated. In just a matter of seconds, your life or that of your loved one can change from normal to tragic.
At our Marshfield personal injury firm, we take pride in representing injury victims throughout Massachusetts and understand the need for responsive and compassionate legal guidance. You can trust our personal injury attorneys to provide the legal service you need to recover full and fair compensation for your injuries.
Give our law offices a call at 508-506-5681 today or send us an email for a free case review.
Table of Contents
What Steps Should I Take After An Injury?
The period subsequent to a severe injury, whether at work, in a public space such as a restaurant, or as a result of a car accident, is generally acutely frightening and stressful for the sufferer. The initial pain of a bodily injury is quickly followed by uncertainty, stress with the insurance claim process, and substantial disruptions to the victim’s life quality.
Worst of all, you’re enduring all these in your workplace or because of another party’s negligence. It can be difficult for sufferers to think clearly in the chaotic moments following an injury, so our legal team has put together a list of steps to take after an injury:
Get Medical Treatment
If your injury was severe, you might have already been rushed to the nearest Emergency Room for medical care. Remember, even if your injury is not severe, never refuse emergency treatment at the accident scene. Also, make sure you arrange for a medical checkup with your doctor. A physician will be able to establish the true nature of your injuries and the necessary treatment(s) for recovery.
Take Photos/Videos If You Can
Next, use your phone to take photos of the accident scene. For instance, if you were hurt in a slip and fall accident, take close-ups of the hazard, your clothes, injuries, and the scene of the fall. If possible, take a video as well. There may be significant details captured in the photos you or your personal injury lawyer may notice later.
Document Your Injuries & Treatment
If possible, take photos of your injuries. Also, request your doctor to document your injuries from the start. Documented injuries, treatment, and doctor’s visits are crucial to your compensation claim as they are vital evidence of your injuries. If you don’t have a phone, try and have a bystander or someone who was with you to take some photos for you.
Get Info Of Any Witnesses
Get the contact information of bystanders who saw the accident. Also, speak with eyewitnesses and if they have pictures of the incident or its aftermath, ask them to share them with you.
Report The Incident
The next step you need to take is to notify relevant authorities or bodies after being hurt. If you’ve been hurt at work, report the injury to your supervisor or employer – preferably in writing. If it’s a car accident, call 911. This step is crucial, as compensation claims are often denied because the injured person failed to report the incident correctly.
Never Admit Fault
Don’t talk about who is at fault! In other words, don’t blame yourself even if you think you played a role in causing the incident. Instead, remain calm, respectable and let facts speak for themselves. You may not be aware of all the contributing factors to the accident.
Call A Marshfield Personal Injury Lawyer
After an injury, a skilled and experienced personal injury attorney can help you understand your rights and case. Your lawyer will pursue a proper insurance settlement for your damages and handle all other legal complications for you. It costs you nothing to speak to the compassionate Marshfield personal injury lawyers at The Law Office of Robert C. Shea, P.C. Call us at 508-506-5681 to request your free consultation.
Why Do I Need A Marshfield Personal Injury Lawyer?
Whether you’re hurt at work or an auto accident, you’ll need to focus everything you’ve got on your recovery. As you concentrate on your health, a personal injury attorney focuses on protecting your legal interest. He or she established a shield between you and all the stressors that disrupt your peace of mind.
The Marshfield personal injury lawyers at The Law Office of Robert C. Shea, P.C. have many years of experience handling all kinds of injury claims – including workers’ compensation and car accident claims – and our insight into Massachusetts injury law may allow us to recover full and fair compensation for your injuries.
Your personal injury attorney intervenes on your behalf during the confusing and frustrating post-injury days. As your legal representative, he or she remains vigilant from the moment they take your case until you execute any final settlement documents or a verdict is reached in a Massachusetts civil court.
Our trusted and compassionate lawyers can help in many ways, including:
- Discuss your personal injury case and advise you of your rights ;
- Handle case investigation and discovery: This may include working with expert witnesses as well as gathering all crucial evidence available;
- Place potentially liable parties on notice and send formal letters of representation;
- Review applicable insurance policies;
- Request for all applicable reports (e.g., police and medical reports);
- Request for surveillance videos, lost income info, and economic projections;
- Discuss your claim with insurance carriers and handle settlement negotiations;
- Analyze potential legal issues such as common law, modified comparative negligence, legal precedents, case law, applicable statutes, and common law;
- File a personal injury lawsuit and,
- Prepare for trial and represent you in court, if necessary.
What Types Of Damages Can Injury Victims Recover In Massachusetts?
An injury victim can recover damages – a word used in common law to refer to financial compensation – for injuries and/or losses. Recoverable damages for a personal injury case in Massachusetts are intended to compensate the sufferer for economic and non-economic costs linked to his or her injuries.
Personal injury cases in Marshfield, Massachusetts, involve the following categories of damages:
Economic Damages are also called special damages and have a specific or calculable dollar amount. They include:
- Lost wages
- Medical expenses (doctor’s visits, hospital stays, prescription medication, rehabilitative therapies, assistive medical devices)
- Lost future earning capacity
- Repair or replacement of personal property
Non-Economic Damages compensate the victim for intangible costs of their injury. In other words, non-economic damages compensate a victim for ways the injury has impacted his or her life. These types of damages don’t have a specific monetary value. They include:
- Emotional distress
- Pain and suffering
- Loss of use of limb or body part or disability
- Loss of consortium/companionship
- Wrongful death
Punitive Damages are only awarded in special cases where the court has found the defendant’s conduct or inaction to be intentionally harmful or grossly negligent.
How Is Liability Determined In Massachusetts?
Like many states, negligence is the bridge between personal injury and liability.
For an injury victim to successfully recover compensation in a personal injury lawsuit in Massachusetts, there are specific elements of negligence that they must prove. These include:
- Duty Of Care: The defendant owed a duty to the claimant to either act or not act in a way that exercises reasonable care;
- Breach Of Duty: The defendant violated or breached their duty;
- Causation: The defendant’s breach or violation of that duty was the cause of the claimant/plaintiff’s injury and;
- Damages: The injury suffered resulted in actual “damages” (pain and suffering, medical expenses, etc.).
Massachusetts’s Modified Comparative Negligence Law
Massachusetts follows the modified comparative negligence rule. Under this doctrine, if the plaintiff has “fault” for the accident that exceeds 50%, then he or she will be barred from recovering any damages.
A plaintiff can only recover compensation if their degree of fault for the incident is less than 51%. That means that the amount a claimant may receive for damages is reduced based on their percentage or degree of fault.
How Much Time Do I Have To File A Personal Injury Claim In Massachusetts?
Massachusetts’s statute of limitations – the time limit for filing a lawsuit – is three years from the injury or accident date.
Three years might seem like a long time, but things can move slowly within the Massachusetts legal system. For this reason, it’s best to act ASAP. Speak to a lawyer as soon as you’ve been hurt. If any circumstances surrounding your claim might affect the time limits for filing your claim, your Marshfield personal injury lawyer will advise you on how to proceed.
How Much Will A Marshfield Personal Injury Lawyer Cost?
Many injury victims and their families are reluctant to enlist a lawyer’s aid because they are concerned about how much it might cost to hire a Marshfield personal injury lawyer. Most personal injury attorneys, including those at The Law Office of Robert C. Shea, P.C., operate using a contingency fee agreement. Under this payment system, personal injury victims don’t incur any upfront costs or pay out of pocket. Instead, the lawyers will work on the case and only charge you a percentage of the compensation you recover, whether that comes through Massachusetts courts (jury awards) or from the insurance company, before filing your lawsuit.
Massachusetts personal injury cases can be complicated. Modified contributory negligence often results in endless battles trying to establish liability. Even in cases where liability is clear, attaining full and fair compensation can be difficult. The Marshfield personal injury lawyers at The Law Office of Robert C. Shea, P.C. are experienced in various injury cases and can help with your case.
Call at 508-506-5681 today for a free case review!