Boston Personal Injury Attorneys
Boston has a reputation as one of the worst cities for traffic congestion in the nation, but it has some of the best hospitals. It has cold, wet winters, which frequently cause slip and fall or motor vehicle accidents. The city’s tall buildings increase the risk of accidents involving stairways, stairwells, elevators, and escalators. Accidental injuries can occur due to many different factors, most of which exist in Boston.
If you have suffered a personal injury in Boston because of someone else’s careless, reckless, or even intentional actions, you can seek compensation for your injuries. For over 60 years, the Boston personal injury lawyers at Finkelstein & Partners has helped injured individuals obtain compensation and hold liable parties accountable for their injuries for over 60 years.
Some of the recent successes we have had on behalf of our clients include:
- A $34 million jury verdict against Pfizer for a client who acquired breast cancer after using two medications linked to the disease.
- A $28.3 million verdict for a worker who sustained injuries due to a general contractor’s improper installation of a scissor lift.
- A $13.5 million settlement for a 16-year-old girl who sustained serious injuries in a car accident.
Personal Injury Law Basics
Also known as tort law, personal injury law refers to the state’s legal framework that grants individuals who have sustained injuries in preventable accidents the right to seek compensation for the costs of those injuries through a personal injury lawsuit. Wrongful death cases also fall under the umbrella of personal injury law and provide a similar means for the deceased’s beneficiaries to receive compensation for their losses.
The vast majority of personal injury cases name the at-fault parties’ insurance companies as defendants and seek compensation from them. While you may file a personal injury lawsuit against an uninsured person, and even obtain a court judgment in your favor, most people cannot afford to pay for someone else’s medical expenses out-of-pocket.
In personal injury law, the plaintiff’s goal is to establish liability and recover monetary damages. Recovering damages refers to obtaining compensation through a lawsuit.
Massachusetts allows accident claimants to seek:
- Economic damages, which cover the expenses of your injury. Commonly claimed economic damages include medical expenses, lost wages, loss of future earning capacity, and property damage resulting from the accident.
- Non-economic damages, which involve compensating you for the psychological impacts of your injury. Commonly claimed non-economic damages include physical pain and suffering, emotional distress, loss of the enjoyment of life, and loss of consortium, which refers to a damage collected on behalf of an injured person’s spouse for the loss of physical intimacy and companionship commonly experienced after an injury accident.
To prove liability, plaintiffs must prove the following elements of negligence:
- The at-fault party owed you a duty of care.
- The at-fault party breached that duty of care.
- This breach resulted in an accident that caused you to sustain injuries and to incur expenses and other impacts.
What Does a Boston Personal Injury Lawyer Do?
Our personal injury lawyers have experience in tort claims and can seek and obtain compensation for our clients through the personal injury claims process.
- A free, no-obligation case evaluation. This constitutes free time that prospective clients have with one of our attorneys. During this time, the prospective client can obtain answers to any legal questions, share information about the accident, and learn more about the firm’s role in personal injury cases.
- Establish the value of the case based on the expenses and impacts the claimant has already incurred as a result of the injury as well as those likely to arise in the future.
- Determine all sources of liability and all available insurance policies available to provide compensation.
- Negotiating with the at-fault party’s insurance provider in an attempt to garner a fair settlement offer on your behalf. Most personal injury cases resolve out of court. A settlement constitutes one of the most common ways of resolving a case while avoiding the expense of litigation. Injured individuals should remember, however, that insurance companies can offer settlements at any time from when the claimant’s attorney submits a demand package to the at-fault party’s insurance provider until a court issues a final judgment.
- Guide you through the pros and cons of accepting or rejecting any offered settlement.
- Timely file your lawsuit in court and attendance at all pre-trial hearings and conferences as a representative of your case.
- Gather and organize the evidence and witness testimony that you will need to prove your case in court.
- Litigate your case, if necessary, including the provision of opening and closing arguments, the presentation of evidence, and the examination of witnesses.
- Collect your settlement or award.
- Continue to represent you or the defense want to appeal.
Personal injury lawyers often work on a contingent fee basis. Under this arrangement, you do not have to pay for your attorney’s services unless and until you successfully recover compensation in your case. Finkelstein & Partners proudly offers this service as a way to ensure that any accident victim who needs our assistance has access to that assistance, regardless of financial status.
Types of Boston Personal Injury Claims
Thousands of different ways exist in which a person can sustain a serious injury in New England. All of these different types of injuries fit into several different categories, which make up the practice areas of most personal injury firms. Below, we discuss further the type of personal injury claims that the attorneys at Finkelstein & Partners regularly handle.
According to information provided by the Boston Herald, the number of people killed in the city as a result of traffic-related accidents climbed higher in 2020 than at any other time during the previous four years. Speeding drivers constitute the biggest culprit for the increase, as many of these drivers used the emptier streets experienced in the pandemic to drive faster.
Traffic accidents constitute one of the leading causes of death and injury in the U.S.—particularly on Boston’s bustling and congested roadways.
The legal team at Finkelstein & Partners can handle all types of traffic-related cases, including those involving:
- Passenger cars, jeeps, vans, and pickup trucks
- Commercial trucks
- Motorcycles, mopeds, or scooters
- Drunk drivers
- Service vehicles, such as utility trucks, dump trucks, or trash trucks
- City buses
Boston regularly ranks among the top U.S. cities for health care, with some of the largest and most respected facilities and doctors available. A great reputation does not always equate with a perfect performance, however. Doctors and facilities in Boston regularly face medical malpractice lawsuits. Medical malpractice is personal injury claim that seeks compensation from a doctor or other health care provider or facility for injuries that occurred because of an error or a deviation from the standard of care.
Medical errors that often result in medical malpractice claims include:
- Diagnosis errors, such as missed diagnosis, delayed diagnosis, or misdiagnosis.
- Medication errors, including prescribing the wrong dose, prescribing the wrong medication, pharmaceutical errors when filling the prescription, or diagnosing a medication that interacts badly with medicines the patient already takes regularly.
- Birth injuries, including the failure to perform a medically necessary C-section, performing an unnecessary C-section, failing to treat a known pregnancy complication that could cause harm to the mother or infant, or failing to monitor the infant for signs of distress after birth.
- Surgical errors, such as wrong-site surgery, surgery on the wrong patient, administering too little or too much anesthesia, or leaving a surgical instrument or sponge inside a patient’s body cavity.
- Inadequate follow-up, including premature discharge from the hospital or failing to provide after-care instructions to the patient.
- Lack of informed consent, which occurs when the doctor fails to disclose known risks and complications of a recommended medical procedure that would have caused the patient to otherwise refuse the treatment.
Nursing Home Abuse
Boston has well over 200 nursing homes in its metropolitan area, including 50 that received a 5-star rating for providing superior care to residents. As with hospitals, finding a nursing home with a good reputation doesn’t mean that the facility never engages in negligence. Nursing homes frequently suffer from understaffing, leading to errors in care or even neglect, which involves a failure to adequately provide for the resident’s basic needs, such as food, shelter, and personal care.
Nursing home abuse and neglect can include:
- Physical, emotional, or sexual abuse of residents by staff members, or physical abuse by other residents that the staff knows about and fails to take steps to mitigate.
- Neglect, including the failure to provide needed medications, medical treatment, or food to the resident, failing to provide needed assistance to the resident during self-care tasks, failure to follow procedures for preventing bedsores or falls, failing to adequately protect residents from the spread of infectious diseases, or failing to properly supervise the resident to avoid injury or elopement.
- Financial exploitation, which involves staff members at the facility taking or allowing another resident to take the resident’s personal property, or convincing the resident to provide a lavish gift to staff members or to give money to staff members.
According to the U.S. Census Bureau, around 60,000 businesses in Boston report to the Internal Revenue Service (IRS) and pay into the U.S. tax system. The largest employer in Boston, and all of Massachusetts, is Mass General Brigham, which employs more than 77,000 people. Most employers in Boston have to provide their employees with a worker’s compensation policy, a form of no-fault insurance that provides medical coverage and wage replacement to Boston workers who sustain injuries in the workplace, including a slip and fall accident on someone else’s property.
In exchange for this insurance policy, the worker agrees not to file a personal injury lawsuit against his or her employer or co-workers. The injury attorneys at Finkelstein & Partners can assist with worker’s compensation claims, including preparing the claim, gathering the evidence necessary to prove the claim, and resolving any dispute about benefits that may arise along the way.
In some circumstances, a workplace injury results from a third party’s reckless or careless actions. Consider a transportation accident that causes an injury to a hired delivery driver while on the job. In situations like this, the injured individual may qualify to file a personal injury claim.
When someone’s reckless or careless actions result in a fatal accident, a personal representative of the deceased’s estate can file a wrongful death lawsuit against the at-fault party to seek compensation on behalf of the deceased’s family members for expenses and psychological impacts related to the loss, such as loss of the income the deceased would have likely earned during his or her lifetime, as well as loss of companionship, guidance, nurturing, and care.
Wrongful death claims can prove complex, so you should contact an attorney with experience handling such claims to determine whether you qualify to seek compensation in this manner.
The manufacturers and distributors of products that consumers buy bear responsibility for ensuring that the products do not pose unreasonable risks when used as instructed. Unfortunately, many manufacturers fail to keep these products off store shelves, and consumers become injured or ill.
Defective products that may result in a product liability claim include:
- Medications and medical devices
- Parts used in vehicles
Let’s Talk About Your Boston Personal Injury Case
We understand that sustaining a serious injury in a preventable accident can amount to a stressful experience, particularly if you sustain injuries that render you unable to work. We also understand that many of our clients initially hesitate over the notion of calling us, out of fear that our services may cost too much. Don’t let this fear stop you from reaching out for assistance with your injury claim. We stand by ready to talk to you about your case for free, with no obligations. Contact us online or by calling (877) 472-3061.
15 Court Square, Suite 800A
Boston, MA 02108