Massachusetts is a gorgeous state that also has its fair share of aggressive drivers, which leads to car accidents, negligence cases, and personal injuries — maybe for you, maybe for a friend or family member. You might not even know where to pin liability. Whatever happened, if you need guidance for your personal injury case, Enjuris has the answers.
Massachusetts Personal Injury Cases & Accident Info
Massachusetts statutes online
This is where you’ll find Massachusetts's laws. The website has details about how long you have to bring a case, monetary limits on personal injury cases (also known as damage caps), and other important information.
Massachusetts's car accident statutes of limitation
In Massachusetts, you have three years to bring both personal injury and property damage claims. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free. (Note that other legal specialties, such as taxation law or real estate law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incurred.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal significance that came out of the Massachusetts courts:
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007): Twelve states and several cities joined forces against the Environmental Protection Agency (EPA) to force it to regulate carbon dioxide and other greenhouse gases as pollutants. The Supreme Court of the United States ruled 5-4 in the states' favor. The case was remanded to the EPA and they were instructed to articulate a valid reason for not regulating the greenhouse gases.
Goodridge v. Department of Public Health, 798 N.E.2d 941 (Mass. 2003): This was the first state appellate case anywhere in the United States that held same-sex couples had the right to marry. The opinion stated, "We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violate the Massachusetts Constitution."
Morris v. Watsco, 385 Mass. 672 (1982): This is a diversity case. Most of the time, state and federal cases are kept apart for trial purposes; there are state cases, and there are federal cases. However, there are also diversity cases, in which a defendant has purposefully availed himself across state lines into another jurisdiction, and then the courts have to determine which law applies to the case. Here, the Massachusetts court had to determine whether Massachusetts or Florida law governed the facts, as it was a Florida corporation that distributed products in Massachusetts. In the end, under Massachusetts diversity rules, Florida law governed. (You like how that's phrased? The law is great.)
There are lots of issues you can solve without the help of an attorney, surprisingly enough. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.
Here are some facts about Massachusetts, like how the state sandwich is the fluffernutter! That's not on the list, FYI -- that's just some crucial knowledge we just imparted upon you. It might come up during a round of trivia someday.