Attorney Raquel D. Ruano works every day to bring justice to her clients across Massachusetts who have been injured due to the negligence of another. It’s not just a job for her, and it’s not just about the money. For her, it’s about getting you what you deserve. She represents clients in cases of almost any type of injury, including those resulting from someone’s negligence. Call her or contact her online today.
Under the “statute of limitations” in the state of Massachusetts, you have three years to file a personal injury claim in civil court. The three-year window starts from the date of the accident unless a latent injury was obtained wherein discovery of injury comes in at a later date, therein making the three-year window start on the “discovery date” of your illness or injury. Any lawsuit filed after three years from date of injury or discovery date will result to the loss of right of claim on the injured party. Unless, an insurance claim is filed and pushes through, then the three-year window won’t even matter.
Laws on Personal Injury Cases
Scenario: You were at the supermarket when all of a sudden you tripped and totally slipped on the wet floor, missing the “wet floor sign” as you were trying to reach for an item on one of the shelves.
The rules on “Comparative Fault” rule will apply on the scenario above because, despite the fault from the supermarket, the injured is at fault too for missing the “wet floor sign”. The court will then determine the percentage of fault of each party and then from there determine the percentage of the decided damages to conclude the actual amount to be awarded to the injured. In the state of Massachusetts, the comparative fault rule reduces the damages to be paid if the injured person was ruled out to have shared less than 50 percent of the fault, otherwise, payment of damages is waived if the injured person shares more than 50 percent of the fault.
“No Fault” Law for Car Accidents
Massachusetts becomes a “no fault” state when it involves auto insurance or car accidents. Anybody injured from a car accident is expected to seek compensation under their own coverage. Only under the special cases below is anyone allowed to step beyond the no fault system.
- More than $2000 in reasonable medical expenses and/or
- Suffering of a serious disfigurement (broken bones, loss of hearing or eyesight, etc.)
Damages in personal injury cases vary from state to state. Some states have a pre-determined cap or limit in certain cases such as medical malpractice and/or certain types of damages such as non-economic or “pain suffering” damages in medical malpractice cases.
The cap in the state of Massachusetts is $500,000 on non-economic damages in medical malpractice unless the injured party can show or is shown to have suffered
- Permanent loss or impairment of bodily function
- Substantial disfigurement, or,
- Special circumstances that will indicate that such cap would deprive the injured of obtaining a just result
The special consideration for waving the pre-set cap only applies to medical malpractice cases and does not apply to other personal injury cases.
Have you obtained a personal injury?
Attorney Raquel D. Ruano realizes you’re injured and getting around may be more difficult than it used to be. That’s why she does not require you to come into her office to have your case assessed. When you call, you’ll get to explain your case and ask any questions you might have will be answered. Attorney Raquel D. Ruano will give you her initial thoughts and, if you both feel the case is worth pursuing at that point, she’ll schedule a time to visit you at your home or at another location convenient for you. Rest assured, she’s ready to do the heavy lifting from the very beginning. So, what are you waiting for?