People are injured as the result of others’ negligence all the time in Massachusetts. From car accidents to dog bites, slip and falls to instances of assault, if you are injured by another, you have the right to take legal action. However, before you file a personal injury case, here are three things to think about first:
- Do You Have a Strong Case?
This may seem obvious, but before you begin pursuing a personal injury case, you need to consider whether or not you really have a cause of action and a chance of winning your case. In order to be successful in a personal injury case, you will need to prove four elements (listed below). Be sure to discuss each of these elements with your attorney before filing.
- Duty of care – The first element is proving that the defendant against whom you want to file suit owed you a duty of care;
- Breach of duty of care – The second element is proving that the defendant breached the duty of care owed to you, otherwise known as negligence;
- Causation – The third element is proving that the breach of duty of care was the direct cause of your accident and injuries; and
- Damages – You must prove that you have suffered actual damages, such as monetary or noneconomic losses, as a result of the accident.
- Do You Have the Time?
Another thing to know before you file a personal injury case is whether or not you have the time to fully devote yourself to the suit. A personal injury case can take months, or even years, to resolve. And at the end of it, if you don’t have a strong case, you could walk away with nothing or only a couple of hundred of dollars.
A lawsuit is not only time-intensive, but emotionally draining as well. You need to know whether or not you are up to the task prior to starting.
- Are You Within the State’s Statute of Limitations?
Finally, another thing that you should know before filing your lawsuit is whether or not you will be filing within the statute of limitations for personal injury cases in Massachusetts. The statute of limitations for filing a case in Massachusetts is generally three years, according to Massachusetts General Laws Chapter 260, Section 2A. This means that if more than three years have passed since the date of your accident, you are barred from filing an action.
Contact an Experienced Massachusetts Personal Injury Attorney to Learn More
The three considerations above are just a handful of the things that you should know before you file a personal injury lawsuit in Massachusetts. At the law offices of Deborah Gold-Alexander, Attorney at Law, we can fill you in on the rest.
Deborah Gold-Alexander has over 30 years’ experience in personal injury law, and knows how to help her clients succeed in a personal injury action. For a free consultation, call our law offices today at 781-289-4235, or contact us online.