Lynch & Owens are south shore personal injury attorneys who represent injured individuals throughout Massachusetts. Our personal injury attorneys, James M. Lynch and Lisa A. Galas, have represented hundreds of Massachusetts clients in cases involving tens of millions of dollars. If you have been injured, or a family member has died, due to the negligence or recklessness of another person or company, you may be entitled to financial compensation. Attorney Lynch and Attorney Galas can help you obtain the compensation you deserve for your injuries.
Put simply, personal injury is a legal term that refers to an injury to a person. In order to have a valid personal injury case, the injury must have been sustained as the result of the negligence or recklessness of another person or a company. The most common type of personal injury case involves auto accidents, but they can also include several other types of situations, including:
The first and most important step is to contact a qualified lawyer. Each case is different and only an attorney can help you understand first if you have a case and second if you have a reasonable chance of winning that case. Attorney Lynch or Attorney Galas will provide you with a free hour consultation in order to help evaluate your case.
One important thing to remember is an injury resulting from an accident will not always be immediately apparent. In many cases, injuries don’t show themselves for days or even weeks. The good news is that this doesn’t mean you don’t have a case. If you’ve sustained an injury due to the negligence of someone else, as long as you can prove that injury was a result of that negligence, you may still be able to bring a case. Whenever symptoms do appear, it is important to be evaluated by a physician so that any injuries can be properly diagnosed and treated. This will also provide important documentation of your injuries.
Generally speaking, you are entitled to be reimbursed for your medical bills, your diminished earning capacity (the amount of money you could have earned in employment but failed to earn due to your injuries), damage to your property, and pain and suffering.
In motor vehicle accident cases, however, you are not entitled to recover damages from pain and suffering unless you have sustained at least $2,000 in medical bills. M.G.L. c. 231, § 6D. This is referred to as the “tort threshold”. There are a few exceptions to the tort threshold rule. Our attorneys can help you if this is an issue in your claim.
Many people who deserve a settlement for a personal injury case don’t bring one simply because they are partially at fault and they believe this means they don’t have a case. The truth is that there is such a thing as comparative negligence. This means that as long as you were not more at fault than the other party, you may be eligible for compensation. However, the amount of your award will be reduced based on the amount at which you are deemed to be at fault. For example, if you were in an auto accident and found to be 45% at fault and the other driver was found to be at 55% fault, you would be eligible to bring a case but your award would be reduced based on your partial negligence.
A common misconception is that the other party must have sufficient insurance in order for you to collect. However, in some cases you may be able to get the money you’re entitled to directly from your own insurance company. Our personal injury attorneys have the experience to guide you through this process.
If you were a passenger in a vehicle that was involved in a car accident, you may be able to bring a case against the driver of the other vehicle or the driver of the car in which you were a passenger. Except in extraordinary cases, the passenger of a car will not be subject to comparative negligence.
You may think that with a little research you can handle your personal injury case on your own. This approach is not recommended. It is very important to contact an experienced attorney because there is no substitute for professional expertise. At Lynch & Owens, James M. Lynch and Lisa A. Galas have more than 35 years of combined experience representing clients at every phase of the personal injury process. Our attorneys understand the most effective methods for getting you the full settlement you deserve.
The Statue of Limitations does apply to personal injury cases. This means that in the state of Massachusetts you have 3 years after your injury to file a personal injury lawsuit, though there are some limited circumstances when this deadline is extended. As a result, if you feel you have a case, then now is the time to contact us for your free consultation.
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If you have been injured and are seeking legal representation, please call us at (781) 741-5000. Attorney Lynch or Attorney Galas office will consult with you and evaluate your potential claim at no charge, after you call to schedule an appointment. We will help you navigate your legal issue with care, diligence and strong, cost-effective client service.
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