Quincy

Quincy Injury Attorneys Helping Accident Victims Statewide

Quincy is a city in Norfolk County, Massachusetts, with a population of approximately 92,000 people. Nicknamed the “City of Presidents,” the city is the birthplace of two U.S. presidents including John Adams and his son, John Quincy Adams. Residents and visitors of the city can enjoy many attractions such as the Adams National Historical Park; United First Parish Church; Quincy Historical Society and the USS Salem. Unfortunately, a number of people in Quincy are hurt every year in different types of accidents. If you or someone close to you was injured in an incident that was not your fault, please do not delay seeking the help of a qualified Quincy injury lawyer. We handle automobile accidents, medical malpractice, nursing home negligence, slip and falls, workplace injuries, construction accidents and more.

Filing a Personal Injury Claim in Massachusetts

Most personal injury claims are rooted in the theory of negligence. Negligence occurs when an individual who owes a duty to another person fails to exercise reasonable care and causes injury to that other person. For example, if a grocery store fails to clean up a spill in an aisle and that spill causes a customer to slip and get hurt, the grocery store would likely be liable. In order to succeed on a negligence claim, the plaintiff must establish the following elements: (i) the defendant owed the plaintiff a duty of care; (ii) the defendant breached the duty of care owed to the plaintiff; (iii) the defendant’s breach was the direct cause of the accident; and (iv) the plaintiff suffered harm as a result.

It is important to note that Massachusetts follows the concept of modified comparative negligence. This means that a party deemed 51 percent or more at fault for an accident is barred from recovering any damages against the other party involved. However, a party who is less than 50 percent at fault can sue but his or her percentage of fault will be reduced from the overall damages. Using the slip and fall example above, let’s suppose you are deemed 10 percent at fault while the grocery store is deemed to be 90 percent at fault. If your total damages are assessed at $100,000, that amount will be reduced by 10 percent and you will ultimately only be able to take home $90,000.

When it comes to determining payment and sharing damages owed to an injured party, Massachusetts follows the principle of “pure joint and several liability.” In this legal framework, each defendant found at fault, regardless of their degree of fault, is responsible for the entire amount of damages owed to the injured party (plaintiff). As long as the accident victim is not more than 50 percent responsible for the incident causing the injury, the defendant’s individual percentage of fault doesn’t change their obligation to pay until the injured party receives the full compensation due. For instance, even if one defendant is only 30 percent at fault and another is 70 percent at fault, the 30 percent defendant is liable to pay 100 percent of the judgment if the 70 percent defendant cannot fulfill their payment. (Any disputes between the defendants may result in a second legal action among them, but the priority is to ensure the injured party receives their owed damages first and foremost.)

Like other states, Massachusetts permits injured individuals a limited amount of time to file a personal injury claim. Under state law, you have three years from the date of the accident to file the lawsuit in a Massachusetts court. Failure to file within this time frame could mean losing your rights to compensation altogether. Thus, it is imperative to work with an attorney who will be vigilant about timelines in your case.

Seek Counsel from Experienced Quincy Injury Lawyers

At the Neumann Law Group, our skilled Quincy accident attorneys will work tirelessly to get you the justice and compensation you deserve for your harm. Attorney Neumann has extensive experience in virtually all aspects of personal injury law and can put this knowledge to use in your case. While working at one of the biggest personal injury firms in Boston for 8 years, she successfully settled a personal injury matter for $3.8 million on the eve of trial. In addition, she has consistently settled over $3 million in personal injury cases every year for the past several years throughout our communities served. While much of our practice handles personal injury cases, we also take on criminal defense, real estate, estate planning, family law, collections and mediations. To learn more, please contact us online or call us toll free at (800) 525-6386 for a free consultation with a Quincy injury lawyer today.