After an accident, you may find it difficult to pay your medical bills or take time off work. Many families find themselves unexpectedly devastated both emotionally and financially after a family member is seriously injured or dies due to an accident. If you were harmed through the fault of another, you should talk to the seasoned Quincy personal injury attorneys of Brabant & Huynh, LLP about whether you have grounds to sue for damages. We handle car accidents, motorcycle accidents, slip and fall, bicycle accidents, pedestrian accidents, train accidents, and dog bites.Bringing a Personal Injury Lawsuit
Most lawsuits seeking to recover damages for injuries are pursued under a theory of negligence. To prove a defendant’s negligence, we’ll need to prove it’s more likely than not: (1) the defendant owed you a duty to use reasonable care, (2) departure from the duty of care, (3) causation, and (4) damages. The circumstances will determine what the standard of care is and whether it was breached. Generally, all drivers owe a duty to use reasonable care while operating their vehicles to avoid injuries to others on the road. The duty may be breached by speeding, tailgating, failing to yield, failing to check blind spots, failing to obey traffic signs and signals, distracted driving or drunk driving.
The rules are a little different when injuries arise out of an accident on someone else’s property. Our personal injury attorneys in Quincy may be able to hold a property owner liable in a premises liability lawsuit if you were a visitor injured as a result of a dangerous property condition. Conditions that could cause injuries include slippery substances, cracked sidewalks or floors, broken stairs, potholes, rotted balconies, and broken rails. In a lawsuit, we would need to show that the property owner had actual or constructive notice of the dangerous condition and should have provided warnings or repaired it. Actual notice exists is a property owner saw the danger or were told of it by someone else. Constructive notice exists if a property owner using reasonable care would have noticed the dangerous condition. In most cases, constructive notice is shown by proving a hazard existed in that location for a long enough period of time.
Medical malpractice lawsuits may be filed if you were harmed by your doctor in his professional capacity. It’s appropriate to pursue damages for medical malpractice if your injuries were caused by a health care provider’s departure from the professional standard of care. Often, our personal injury attorneys serving Quincy must retain experts to provide testimony about liability and different categories of damages in these types of cases.Comparative Negligence
Massachusetts follows a modified comparative negligence rule. In a personal injury lawsuit, your damages can be reduced by an amount equal to your percentage of fault. You can be barred from recovering damages at all if you are found 51% or more at fault for your own injuries.Wrongful Death
Under Massachusetts law, someone can be accountable for wrongful death when his negligence or reckless acts cause another’s death. This type of lawsuit for damages can be sued only if the decedent could have filed a personal injury case based on the same accident if he’d survived.Damages
When we can establish liability in a personal injury lawsuit, we may be able to obtain compensatory damages. These are damages intended to return you to the place you would have been, had there been no accident.Retain an Experienced South Shore Attorneys for Accident Victims
You only have three years after a cause of action accrues to file a personal injury lawsuit. It’s wise to consult a lawyer right away if you suspect you have a claim. Evidence and memories can fade over time, and it’s important to get started gathering evidence and building a case as soon as possible. The seasoned Quincy personal injury attorneys of Brabant & Huynh may be able to represent you in a lawsuit for damages. We also represent those injured in accidents in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Complete our online form or call us for a free consultation at (617) 934-0913.