Waltham is a city located in Middlesex County, Massachusetts with a population of almost 67,000 people. It is nicknamed the “Watch City” due to its association with the watch industry. Some of the city’s largest employers include Brandeis University, Bentley University and Bank of America. Resident and visitors of the city can enjoy many attractions in the area such as the Charles River Museum of Industry, the Waltham Watch Factory and the Waltham Library. While most people enjoy activities in Waltham without incident, accidents do happen. If you or a loved one has been injured due to the carelessness of another person or entity, please reach out to one of our highly skilled Waltham injury lawyer so we can assess the merits of your case.Obtaining Compensation for the Negligent Actions of Others
Most personal injury claims are rooted in the legal theory of negligence. Negligence is the failure to exercise reasonable care that causes injury to another. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. To establish negligence, a plaintiff must show the following: (i) the defendant owed plaintiff a duty of care; (ii) the defendant breached the duty of care owed to plaintiff; (iii) the defendant’s breach was the direct cause of the plaintiff’s harm; and (iv) the plaintiff suffered measurable injury.
If you’ve lost a loved one due to the negligence of another, you may be able to file a wrongful death claim against the at-fault party. Under Massachusetts’s law, wrongful death can occur through:
- Wanton or reckless act, or
- Breach of warranty.
In essence, a wrongful death claim may be filed if the decedent (the person who died) could have filed a personal injury case based on the same accident had he or she survived. The executor or administrator of the deceased must be the one to file the wrongful death case. The executor or administrator is typically the individual responsible for following any instructions left in the decedent’s will, for paying the decedent’s final debts, and for generally wrapping up the estate.
The calculation of damages can be tricky in personal injury claims. In most instances, injured victims will be able to recover medical expenses, rehabilitation costs, drug costs, property damage, wrongful death damages and more. It is important to note that under Massachusetts law, there is no cap on economic damages. Non-economic damages, however, are capped at $500,000 in medical malpractice cases, unless an injured person can demonstrate that he or she sustained any of the following: a substantial or permanent loss or impairment of a bodily function; substantial disfigurement; or other special circumstances in the case that show applying the cap would deprive the injured person of justice.Consult a Waltham Injury Lawyer
At the Neumann Law Group, we understand that dealing with an accident is never easy. You can rest assured that our hard-working and compassionate Waltham accident attorneys will try to make the legal process as seamless as possible for you. Attorney Neumann has extensive experience in virtually all types of personal injury law. Part of that experience comes from having worked at one of the biggest Personal Injury firms in Boston for 8 years. While much of our firm handles personal injury cases, please note that we also take on the following types of cases: criminal defense, real estate, estate planning, family law, collections and mediations. For more information, contact us online or call us toll free at 1-800-525-6386.