Does Your Bodily Harm Qualify as a Personal Injury?

A common question asked by prospective clients goes as follows – “Does suffering a bodily injury, like a broken bone, torn ligament, head wound, etc. automatically enable the victim to file a personal injury claim in Massachusetts?” The answer may surprise you.

Injury Alone May Not Be Enough

Getting hurt in an accident does not, in and of itself, provide grounds for a victim to pursue a personal injury claim. This is because there are multiple factors that need to be assessed when analyzing the viability and feasibility of obtaining a financial recovery through a personal injury claim. 

Key Issues Considered by Eden Rafferty Accident Lawyer When Assessing Your Potential Personal Injury Claim

1. Whether there is evidence that another party (e.g. another motorist, property owner, etc.) was careless and that carelessness resulted in a preventable accident. This is extremely important because if you were involved in a single vehicle accident where you were the driver and you, let’s say, swerved off he road and collided with a tree, you likely do not have a viable personal injury claim (i.e. you typically cannot sue yourself). There needs to be evidence of negligence in order to pursue compensation through a personal injury lawsuit. For example, if another driver slammed into your vehicle because they were texting and driving and ran a red light, then the other driver would likely be considered negligent and could be held liable for your harms and losses.
2. Whether there is evidence that the negligent actions, or inactions, or another party proximately caused your bodily injuries. In the above example, if you suffered severe neck and back injuries as a direct result of the collision, the other driver’s negligence would likely be considered the proximate cause of your injuries. 
3. Whether there is evidence that your bodily injury caused harms and losses. For example, if you were rear-ended by another driver at a relatively low speed and the only injury you suffered was a minor bruise on your knee and no other damage, you may not have a viable personal claim since the harms and losses endured would likely not make sufficient economic sense to file a personal injury claim. For a bodily injury caused by the negligent actions of another party to generally warrant the filing of a personal injury claim, there needs to be evidence that you incurred medical expenses, lost income due to time missed from work, and other harms and losses.

Have Questions? Schedule a Free, Confidential Case Review with a Worcester Personal Injury Lawyer Today

As you can see, there are certain prerequisites that need to be met before it makes sense to file a personal injury claim. If you were seriously harmed in a preventable accident caused by another party, contact the experienced personal injury lawyers with the Eden Rafferty law firm. Our team of experienced and highly regarded accident attorneys have decades of collective experience and an impressive track record of obtaining positive outcomes for our clients. A big reason why the Eden Rafferty law firm is so effective is because our accident lawyers take your concerns to heart and we will work tirelessly to pursue the financial restitution you are owed.