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Your Fitchburg Personal Injury Attorney
The short answer. In Massachusetts most injury claims must be filed within three years (M.G.L. c. 260, s. 2A). A child, or a person whose mental illness left them incapacitated when the claim arose, may have more time (M.G.L. c. 260, s. 7). The trial court for Worcester County sits in Worcester, at 225 Main St., Worcester, MA 01608. To talk it through, send the form on this page and we will work to connect you with an attorney in our network.
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Fitchburg was someone else’s doing, start with the basics below and go at your own pace.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Massachusetts injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Before You Hire: Questions For A Fitchburg Attorney
Bring these to your first call, whoever it is with:
- The date. Ask for the specific last day to file in your case. The general rule is three years (M.G.L. c. 260, s. 2A).
- Limits on damages. Ask whether any rule restricts the amount you could recover in Massachusetts.
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (M.G.L. c. 231, s. 85).
- The people. Ask who will be in touch with you and how quickly they return calls.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Personal Injury Types of Cases
Premises Liability
Many premises liability claims are from a property owner’s duty to maintain a property in the way that does not endanger others. There are may ways a property owner can violate this duty.
- Broken Stairs
- Unlit alleyways
- Slippery Floors
- Surfaces that are uneven
- Places to receive burns
- Places to receive chemical exposure
- Dog bites
- and other dangerous conditions
Work Place Accidents
These types of personal injury lawsuits involve more that just a employee and employer. If you feel like your place of employment was negligent in some way, you might have a claim for compensation. These types of accidents can include.
- Slip and Fall
- Unsafe working conditions
- Unmaintained equipment
- Auto Accidents
- Death
- Electrical Hazards
- Occupational illnesses like COPD, contagious diseases, and asbestosis
- personal injuries at work
Motor Vehicle Accidents
As long as the person that was operating the vehicle that injured you was negligent in some way, you can could have a claim for compensation. This can include.
- Car Accidents
- Truck Accidents
- Bicycle Accidents
- 18 wheeler Accidents
- Motorcycle crashes
- Drunk Driving
- Distracted Driving
- Aggressive Driving
- and other types of motor vehicle accidents
Wrongful Death
When negligence leads to fatal injuries, a wrongful death suit can help the surviving family members hold the negligent company, persons, and or person accountable for what was done. A wrongful death case can involve different types of compensation from other personal injury claims. After a fatal accident, family members can ask an attorney to review what compensation the surviving loved ones may have a right to. These types of accidents can include.
- Auto Accident
- Maritime Accident
- Drowning
- Electrocution
- Falls
- Helicopter Accident
- Fire
- Firearm
- and other types of wrongful deaths
Injured in Fitchburg? Get matched with an attorney now.
How Fault Is Divided
Whether you can recover in Massachusetts depends on how much of the fault is assigned to you. M.G.L. c. 231, s. 85 sets the rule.
You can recover if your share of the fault is 50 percent or less, and your award is reduced by your share; above 50 percent the claim is barred (M.G.L. c. 231, s. 85). Photographs, witness names and medical records help show where the fault lies.
How Damages Are Measured
In an ordinary injury claim in Massachusetts, the amount depends on the facts of the claim. What you can recover turns on the bills, the missed work and the lasting effects. For a car crash claim, you can recover for pain and suffering only if reasonable treatment costs pass $2,000, unless the injury causes death, loses a body member, causes serious and permanent disfigurement or a listed loss of sight or hearing, or is a fracture (M.G.L. c. 231, s. 6D).
Lasting effects and missed work are part of what is proved.
Time Limits To Know
The general time limit for an injury claim in Massachusetts is three years (M.G.L. c. 260, s. 2A). A child may have more time, and a few other limited situations extend the period too (M.G.L. c. 260, s. 7).
A wrongful death claim follows its own rules, so ask which date applies (M.G.L. c. 229, s. 2). If a government body may be responsible, the steps can differ (M.G.L. c. 258, s. 4). The type of claim decides the date, so do not wait.
The Court and Hospitals Behind a Fitchburg Claim
Fitchburg lies in Worcester County, according to Census Bureau place and county names. For Worcester County, the Massachusetts court directory shows the superior court in Worcester, at 225 Main St., Worcester, MA 01608. Another facility on the state list of trauma centers, UMass Memorial Medical Center University Campus in Worcester, is also in Worcester County; it is listed as a Level I trauma center.
In the federal Hospital General Information file, the closest Massachusetts acute care or critical access hospital to Fitchburg is UMass Memorial HealthAlliance Hospitals in Leominster, 5.0 miles, an acute care hospital (60 Hospital Road, Leominster, MA 01453). After it come Heywood Hospital in Gardner, 8.7 miles, an acute care hospital; then Athol Memorial Hospital in Athol, 20.0 miles, a critical access hospital. All distances are straight line miles from Fitchburg.
A straight line is shorter than the drive from Fitchburg. Ask each provider for your complete records and an itemized bill, and note the date of every appointment.
The file also lists UMass Memorial Medical Center (Marlborough Campus) in Marlborough at 21.7 miles and AdCare Hospital of Worcester in Worcester at 22.5 miles. Counting Massachusetts acute care and critical access hospitals in a straight line from Fitchburg: 2 within 10 miles, 9 within 25 miles, 38 within 50 miles.
Other places this site covers near Fitchburg: Leominster at 6.1 miles south, Groton at 12.8 miles east, Holden at 17.2 miles south. Boston is 45 miles southeast of Fitchburg and Worcester is 23 miles south.
Taking The First Step From Fitchburg
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Massachusetts. There is no charge to submit it, and submitting it does not hire anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
How much can I recover for pain and suffering in Massachusetts?
Pain and suffering is proved by the facts of your case, so ask which rules, if any, apply to your claim. The bills, the missed work and the lasting effects drive the amount. The facts of your claim drive the amount.
Does Massachusetts require drivers to carry liability insurance?
Liability coverage of at least $25,000 per person and $50,000 per accident for injuries (M.G.L. c. 90, s. 34A and s. 34O). Those figures are floors, not a measure of what a claim is worth. Ask an attorney to check every policy that may apply.
How far is the closest hospital from Fitchburg?
In a straight line the nearest Massachusetts acute care or critical access hospital is UMass Memorial HealthAlliance Hospitals in Leominster, 5.0 miles, an acute care hospital; Heywood Hospital in Gardner is 8.7 miles and Athol Memorial Hospital in Athol is 20.0 miles. Call 911 in an emergency; not every hospital has an emergency room.
Which nearby places does this site cover besides Fitchburg?
Closest by straight line are Leominster (6.1 miles south), Groton (12.8 miles east) and Holden (17.2 miles south).
Is a claim against a government entity different in Massachusetts?
It can be. Special claim or notice steps can apply (M.G.L. c. 258, s. 4). The notice steps can differ from those for other claims. Write down the date and place of the injury.
Will my claim be over in a few weeks?
Timing depends on your recovery and the other side. Insurers usually want records of the whole course of treatment. It can take months, and longer if a lawsuit is filed.
How long do I have to file an injury lawsuit in Massachusetts?
For most injury claims, three years (M.G.L. c. 260, s. 2A). A child can have extra time, and so can a few other limited situations (M.G.L. c. 260, s. 7). Write down the date of the injury now.
If I was partly responsible, can I still recover something?
You can recover if your share of the fault is 50 percent or less, and your award is reduced by your share; above 50 percent the claim is barred (M.G.L. c. 231, s. 85). Insurers often raise this point first. An attorney can explain how the rule fits your facts.
Help Elsewhere in Massachusetts
The same matching service covers more of Massachusetts. Pick the community closest to where it happened.
