Personal Injury Law in Massachusetts
There are numerous causes of action that an injured plaintiff can bring in Massachusetts to recover damages for personal injuries suffered as the result of the negligence of another. Various theories of recovery include negligence, product liability and medical malpractice. Personal injury law in Massachusetts is similar in many respects to that of other jurisdictions, but there are some notable differences.
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Negligence
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In order to prevail in a personal injury lawsuit in Massachusetts, a plaintiff must prove that a defendant owed him a duty of care and that the defendant failed to exercise reasonable care in guarding against known risks as well as risks that were reasonably foreseeable. In addition, a plaintiff must further prove that the negligence of the defendant was the proximate cause of his injuries.
Contributory Negligence
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Under the common-law theory of contributory negligence, a plaintiff whose own negligence was responsible, in whole or in part, for his injuries will be denied recovery for his damages. Massachusetts, as well as other jurisdictions, has replaced by statute the contributory negligence doctrine with a comparative negligence statute. The fact that the plaintiff's own negligence may have contributed to his own injuries no longer will operate as an absolute bar to recovery. Under a comparative negligence assessment, any damages awarded a plaintiff will be reduced by that percentage portion for which a jury determines the plaintiff was at fault.
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Product Liability
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Unlike other jurisdictions, Massachusetts has no common law theory of strict liability for injuries resulting from the use of a defective product. Massachusetts imposes liability for injuries caused by defective products on a theory of recovery based on breach of an express or implied warranty. Manufacturers, sellers and distributors may be held liable to users of the product who sustain injuries if the product was defectively manufactured, defectively designed or failed to contain adequate warnings about the risks associated with its use. The user of a defective product need not have purchased the product directly from the manufacturer or seller (privity of contract) in order to recover damages for injuries suffered.
Recoverable Damages
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With the exception of injuries suffered in an automobile accident, a plaintiff who prevails in a personal injury lawsuit can recover damages for the diminution of his past and future earning capacity, his medical expenses, as well as damages for past and future pain and suffering.
Wrongful Death
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Under the Massachusetts wrongful death statute, the estate of a person who has died as a result of the negligence of another may recover damages if the deceased could have recovered damages for personal injuries if his death had not resulted. Damages recoverable to the estate include the lost income of the decedent as well as the protection and care afforded to those who would have received it.
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