Brockton Personal Injury Attorneys

Personal Injury Lawyers in Massachusetts

At Silva Santos PC, we are dedicated to helping individuals from all walks of life who have been injured due to the negligence or wrongful actions of others. Our mission is to ensure that each of our clients receives the peace of mind and financial compensation they rightfully deserve. This compensation may cover various damages, including medical bills, rehabilitation costs, lost wages, loss of future earnings, scarring, and compensation for the pain and suffering caused by the injury. Click here to complete the intake form, and a member of our team will contact you shortly after submission.

The Impact of a Personal Injury Accident

An injury can make your life difficult in many ways. Beyond the physical pain, there are often significant financial burdens, including medical costs, lost wages, and potential impacts on future earning capacity. Additionally, the emotional toll can be immense. However, none of this suffering is your fault. You’re in this situation due to someone else’s negligence or mistake. Despite feeling like they’ve lost control, many personal injury victims find there is something they can do to regain their security and independence.

Establishing Liability

Before pursuing compensation, it is essential to establish that the other party was negligent or strictly liable for your injuries. In Massachusetts, negligence law, strict liability law, and statute of limitations govern personal injury cases.

Negligence Law in Massachusetts

Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to others. To prove negligence in Massachusetts, it must be shown that the defendant owed a duty of care to the plaintiff, breached that duty, and the breach directly caused the plaintiff’s injuries, resulting in damages.

Additionally, Massachusetts follows a modified comparative negligence system. This means that if the plaintiff is found to be partially at fault for their injuries, they can still recover, but compensation may be reduced proportionally to their percentage of fault. However, if the plaintiff is found to be more than 50% at fault, they may be barred from recovering any compensation.

Strict Liability Law in Massachusetts

Under strict liability law, certain activities or behaviors are deemed inherently dangerous, and individuals engaging in these activities can be held liable for any resulting injuries, regardless of fault or negligence. This applies primarily to cases involving defective products, dangerous activities, or hazardous substances.

Statute of Limitations

Personal injury lawsuits in Massachusetts are subject to a statute of limitations, which sets a deadline for filing a lawsuit after the injury occurs. In most cases, the statute of limitations for personal injury claims in Massachusetts is three years from the date of the injury.