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Browse our 1 legal article about Accidents & Injuries in United States written by expert lawyers.
Accidents and injuries law covers civil claims arising from injuries caused by someone else’s negligence. In Pittsfield, Massachusetts, residents typically pursue personal injury claims in state court under Massachusetts law. Common claims include car crashes, slip and fall injuries, faulty products, and medical or professional negligence.
The core goal is to obtain compensation for medical bills, lost wages, and non economic damages such as pain and suffering. Local practice in Pittsfield follows statewide statutes and court rules, with processes guided by the Massachusetts Trial Court and the Massachusetts General Laws. A local attorney can tailor the approach to Berkshire County courts and juries, which may have different local considerations than urban centers.
Massachusetts governs most Accident and Injury claims in Pittsfield. The two most critical standards you should know are the statute of limitations and the fault rules that determine recovery.
Statute of limitations for personal injuries - In Massachusetts, most personal injury actions must be commenced within three years from the date of the injury. This time limit shapes early decisions about filing and preserving evidence. Source: Massachusetts General Laws ch. 260, § 2A.
Massachusetts requires timely filing of personal injury lawsuits, with a three year window from injury in most cases.
Comparative negligence in Massachusetts - Massachusetts applies a form of comparative negligence, where damages can be reduced in proportion to the plaintiff's fault. If the plaintiff is more than 50 percent at fault, recovery may be barred. Source: Massachusetts General Laws ch. 231, § 85.
Under Massachusetts comparative negligence, fault is apportioned, and a plaintiff who is at least 51 percent at fault may lose the right to recover.
For motorists, Massachusetts requires standard auto insurance coverage and provides guidelines on claims and settlements. See the Massachusetts auto insurance information for residents seeking coverage details and responsibilities. Massachusetts Auto Insurance Information.
The general limit is three years from the date of injury. Claims filed after three years are typically barred unless an exception applies. Consult a Pittsfield attorney to confirm your timeline.
Collect all medical records, police reports, photos, and witness contacts. Then contact a local attorney who can assess liability, preserve evidence, and file the claim within the statute of limitations.
Yes if there were injuries, significant property damage, or if a driver leaves the scene. A police report can support fault determinations and insurance claims later.
Massachusetts uses a form of comparative negligence. If you are found to be more than 50 percent at fault, you may be barred from recovery. If you are less at fault, your recovery is reduced by your fault percentage.
Most personal injury lawyers work on a contingency fee basis, typically 25-40 percent of the recovery. If you obtain no recovery, you usually pay nothing for legal services.
You can, but settlements offered by insurers are often lower than what a lawyer could secure. An attorney helps assess damages, negotiate, and file if needed.
Contact a lawyer as soon as possible after the incident. Early involvement helps preserve evidence, preserves insurance rights, and guides interaction with investigators and doctors.
Recoveries may include medical expenses, lost wages, rehabilitation costs, and non economic damages like pain and suffering. Some cases also recover for disfigurement or loss of consortium.
Most claims arise where the injury occurred or where the defendant resides. An attorney can advise on venue and whether filing in Pittsfield or another Berkshire County court is appropriate.
Settlements can occur in 3-6 months in straightforward cases, while more complex matters may take 12-24 months or longer, especially if a trial is necessary.
Uninsured motorist coverage and under insured motorist coverage may apply. An attorney can evaluate policy limits and coordinate with your own insurer.
Both use negligence concepts, but key evidence differs. Car crashes focus on fault and insurance coverage, while premises claims rely on property owners' duty of care and conditions of the premises.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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