Personal Injury
Do you need representation? If you or someone in your family has been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others, then Adam Elman can help you. Personal injuries cause physical pain and often lead to significant emotional and financial hardships. These can take the form of lost work, high medical bills, and stress placed upon families and loved ones.
We can all agree that often, our physical and mental well-being are taken for granted – that is until something goes wrong.
Thus, when accidents occur and lives change forever, what used to be normal can now become painful, unwanted, and burdensome. Moreover, accidents are natural disruptors of daily life. They disrupt our routines, our plans, and our dreams. Don’t let an accident force you into financial hardship. Even if we cannot affect all of the life-altering effects an accident, defective product, or other negligent, careless, and reckless conduct forces into your life, Adam Elman can provide you with unrelenting advocacy. Adam will provide effective and aggressive investigation and representation, helping you to move forward as he takes care of the rest.
As an introduction, in Massachusetts, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). Some of the key principles of personal injury law are as follows:
- Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner’s insurance, or another general liability insurance policy.
- Strict liability generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. Liability insurance is often available to compensate victims who suffer personal injury as a result of the strict liability of the responsible party.
- Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages under some circumstances.
- Comparative negligence may arise when the actions of the injured person have contributed to his or her own harm. If the plaintiff is comparatively negligent, that will reduce the amount of the award. The negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
- Damages are awarded to victims who have suffered personal injuries or wrongful death as a result of the misconduct of another individual or business. In Massachusetts, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases.
Given the complexity and technical nature of personal injury and wrongful death cases, it’s wise to have Adam Elman as your representation. He has winning experience before administrative boards, trial courts, and appellate courts, prevailing on claims for the most serious personal injuries.
Personal injury and wrongful death cases especially emotional. While you are upset or grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not:
- enter into any settlement,
- sign any release, or
- accept any money
in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.
Adam Elman can help you decide what your best course of action is and can develop the best legal strategy for demonstrating your claim.
Adam Elman has experience with a wide variety of personal injury and wrongful death cases, including those involving:
- Motor Vehicle Accidents
- Medical Malpractice (including malpractice by doctors, nurses, and other health professionals)
- Premises Liability (including a slip and fall accident and the failure to warn of a danger on the premises)
- Product Liability (including defects in the manufacture or design of a product and the failure to warn of a product danger)
- Bicycle Accidents
- Construction Site Accidents
- Pedestrian Accidents
Physical and emotional injuries in these cases may come in all varieties. The following are some examples of the types of injuries that may be the subject of a personal injury claim:
- Traumatic Brain Injuries
- Closed Head Injury
- Injuries resulting in Severe and/or Permanent Brain Damage
- Joint, Spinal Cord, Neck, and Back Injuries
- Fractures and Dislocations
- Birth Defects
- Birth-Related Injuries
- Amputations, Burns, and Scars
- Seizure Disorders
- Cancer
- Serious or Terminal Medical Conditions
- Emotional Trauma
- Mental Anguish
- Anxiety
- Depression
- Psychological or Emotional Conditions
- Loss of Consortium (a spouse’s or child’s loss of the companionship, help, and affection of a person who has died)
- Skin Burns
- Carbon Monoxide Poisoning
- Fire-Related Injuries
- Other Severe, Permanent, and Crippling Injuries, as well as injuries of lesser severity
Victims have a limited time frame in which to file their case because the Statute of Limitations applies to these cases. If you feel you have a personal injury or wrongful death case, it is vital that you act to protect your rights immediately.