Car Accident Attorney Boston

How is negligence determined in personal injury cases? Negligence must be established in any case in which the proximate cause of the injury is alleged to be the defendant's negligent act. Negligence is not a factor in suits for intentional acts (assault, battery, trespass, conversion). Negligence is determined by a breach of whatever standard of care is applicable to a person in a particular situation. Depending on the negligence alleged, establishing what the applicable standard of care is can be a battle in itself.

How should I receive compensation from a car accident? You can sue your friend for the tort of conversion. You can also sue on a negligent bailment theory for failing to take care of property owned by you which she possessed. You should contact a civil litigation or personal injury attorney to determine the strength of your case.

If I was at fault in a car accident, should I still hire a personal injury lawyer to defend my case? You absolutely should retain a defense attorney in this matter to limit any award to this woman. Regardless of your admission of fault, there may be negligence on her part which contributed to the accident's occurrence. There may be weakness in the causal relationship between the accident and the damages she seeks. She will likely recover something from you for her damages, but a defense attorney can keep what is recovered to a minimum.

How do I know if I have a legally valid personal injury claim? Your claim will likely sound in premises liability. You will have to prove negligent maintenance and/or failure to warn. For negligent maintenance you will have to show the hotel had a duty to maintain the premises, that it breached that duty somehow, that you were injured, and that your injuries were proximately caused by the hotel's breach. For failure to warn you will have to prove the hotel knew of a defect or danger on the property, that it had a duty to warn you (generally, there is a legal duty to do so but it may depend on how you came to be on the premises), that it breached that duty to warn, that you were injured, that your injury was proximately caused by the hotel's breach. You will also want to show that there was no assumption of risk (you knew it was dangerous but went onto the premises anyway) on your part and that there was no contributory negligence (you were drunk or careless or something) on your part. Depending on the nature of the incident, an injury around a hotel pool may be difficult to prosecute, but it is well worth consulting a personal injury attorney about it.

What should I do after a car accident? You have to retain a personal injury attorney. Make sure the police know the other person fled the scene. This is a criminal offense. Provide your attorney with all police and accident reports together with the other party's insurance information.

Could I successfully file a personal injury lawsuit if I hired a attorney? You need to prove the driver had a duty to exercise care and operate the vehicle with due care; the driver breached that duty by driving negligently; that the driver's negligent operation of the vehicle was the proximate cause of your son's injuries; that your son has suffered injuries. Meeting the standards of proof on each element of your cause of action requires knowledge of admissible evidence. The entire process can get tricky and contentious and there are many opportunities for procedural error which could derail your case. You should consult with a personal injury attorney in your area to determine the best course for seeking redress.

What can I do if the other party involved in an auto accident is broke? A civil judgment against a defendant is good for 20 years in Massachusetts. It may then be renewed. It can be enforced at any time. The student may not have money now, but may in the future. Currently, wages may be garnished. Your personal injury attorney should be able to advise you on collection.

Can I sue a worker for causing a fire to our home if the landlord hired him? You probably cannot sue the technician because when you accepted payment from his insurer you probably signed a release form discharging him of all liability arising from the incident. You should sue the landlord. The lack of renter's insurance does not do away with the landlord's liability for failing to hire a qualified technician. The lack of insurance is merely a breach of the lease agreement and possibly grounds for eviction. It is not material to the matter at hand in that it could not have prevented the fire.

Do I have a case if I feel that my dentist did a malpractice? You should consult a medical malpractice attorney. An attorney practicing in this area will employ experts to determine if any of dental professionals who treated you breached the standard of medical care and caused the harm you are suffering. It is important to understand that a bad result does not automatically mean there was malpractice. Your medical malpractice attorney can guide you through the process.

Do we have a personal injury case if there was a misdiagnosis? It may be a misdiagnosis, but it is only worth bring a claim against a doctor if there was a breach of the standard of medical care which resulted in harm to the patient. In this case, the diagnosis was reasonably correct and the doctor had sufficient consent from the left ovary to work on the right ovary instead. The extent of the excision may be an issue in itself, but that matter is beyond the scope of this forum.

What can I do if I bit into a piece of glass while eating at a restaurant? You can retain a personal injury suit and sue the restaurant for negligence. You can recover the cost of dental work, compensation for pain, suffering, and embarrassment, and possibly punitive damages as well. You may have a good claim under Massachusetts' Consumer Protection Act for unfair and deceptive business practices as there is an implied warranty with the food sold to you which was breached by the foreign object being in the food. Any breach of warranty is grounds for a claim of unfair and deceptive business practices.

Can I file a Personal Injury claim against the Dental Malpractice? You can sue for dental malpractice. It is simply another form of medical malpractice. There are a number of attorneys who specialize in this area. Be advised: a bad result does not necessarily mean there was negligence, the basis of medical malpractice. Negligence in this context requires a breach of the standard of medical care. Determining that standard requires the analysis and testimony of dental experts and is a major point of contention in these types of suits. Many things can go wrong during a medical procedure which are beyond the control or expectations of a doctor. These suits are expensive to prosecute and the lawyers who specialize in them are very careful about the cases they take. The vast majority of medical malpractice suits fail.

Who is responsible if our child was personally injured at school? If this is a public school, you would be suing the municipality for its negligence in maintaining the school grounds and for failure to warn of the danger on the property. You should find an attorney quickly because there are special limitations on suing municipalities, including a shorter time frame in which to file suit. Whether you succeed is largely fact dependent.

Can I sue the owners of the dog who almost mauled me to death? There is strict liability against owners for dog attacks in Massachusetts. You absolutely may sue the owner. Your question implies this happened in or around an apartment building. If you can prove the owner of the building or an agent thereof knew or should have known about the vicious dogs, you should be able to successfully sue the owner of the building as well. You should also seek medical attention for both health and legal reasons.

Do I have a lawsuit if the airbags did not deploy in my auto accident? Depending on the specifics of an accident, you may have a cause of action for product liability. You should consult a personal injury or product liability attorney about filing suit against the vehicle's manufacturer for the failure of the safety equipment.