Plymouth County Personal Injury Lawyer

Premises Liability and Slip and Fall

A slip and fall is an accident in which an individual slips or trips and falls due to a dangerous condition on another party’s property and is injured or killed as a result. Under Massachusetts law, property owners have a duty to keep their property in reasonably safe condition so that people who visit the property do not get injured. As a result, if your slip and fall accident took place because of a dangerous condition on someone else’s property, you can file a premises liability claim against the property owner. If you win, you can potentially recover damages for medical bills, lost wages, pain and suffering, mental anguish, and more. Often, a key element of these claims is showing that the hazard was present on the property for long enough that the owner should have been aware of it, even if they were not actually aware.

Medical Malpractice

A recent Johns Hopkins study revealed that medical errors are the third-leading cause of deaths in the United States, behind heart disease and cancer. These mistakes kill about 250,000 people per year. Of course, not every adverse outcome means that medical malpractice occurred. Instead, medical malpractice occurs when an injury or death was a result of a medical professional failing to use the level of care and caution that a properly trained, competent medical professional in the same specialty would have used in the same circumstances. These cases rely heavily on the facts and typically require expert testimony. Having a skilled personal injury attorney in Plymouth County on your side can make a vital difference.

Nursing Home Negligence

According to the American Association of Justice, only about one in 14 nursing home abuse cases are reported to the proper authorities, and over 90 percent of nursing homes do not have adequate staff to care for the residents properly. If you suspect that your loved one has been a victim of nursing home neglect or abuse, you may be able to sue the nursing home facility for negligence, once you make sure that your loved one is safe. In the context of nursing home cases, negligence takes place when a nursing home resident is injured because the nursing home failed to uphold the standard of care that another nursing home facility would meet in the same or similar circumstances, thereby causing injuries to the resident.

Product Liability

Product liability is an area of law that seeks to hold a manufacturer or retailer accountable for placing defective products into the hands of consumers. If a defective product has injured you, you can likely recover compensation for your harm. Massachusetts product liability law holds manufacturers and sellers strictly liable even if it is not clear whether they were negligent. All that the plaintiff and their Plymouth County personal injury lawyer needs to establish is that the product was dangerous or defective, and its defective nature led to their harm.

Wrongful Death

Under Massachusetts law, a wrongful death occurs when someone causes the death of another person due to negligence, a wanton or reckless act, or a breach of warranty. In all three scenarios, a wrongful death claim may be filed if the deceased person would have been able to file a personal injury case based on the same incident had they lived. Massachusetts law requires the executor or administrator of the deceased individual’s estate to file the claim in civil court. Any damages that are recovered through a wrongful death case are then paid to the deceased person’s estate, which typically includes the closest surviving family members.

Workers’ Compensation

Workers’ compensation is a type of insurance that pays monetary benefits, such as medical expenses and lost wages, to workers who become injured, ill, or disabled while they are on the job. Generally, workers’ compensation is an “exclusive remedy,” meaning that an injured worker cannot sue their employer for negligence. However, there are sometimes other parties that may be sued, and it is important to consult an attorney who can determine whether a third-party claim may be appropriate. Benefits will depend on the scope and duration of the injury, such as whether it is expected to be temporary or permanent and whether the worker will be able to continue to work in a limited capacity.

Social Security Disability

If you are unable to earn a living, the Social Security Administration provides some recourse. Social Security Disability Insurance (SSDI) is available to people who have become eligible for coverage by working and paying into the Social Security system. In other words, workers pay money into the system through their payroll taxes in order to be eligible for benefits in the event of a disabling work injury. Your eligibility for SSDI is based on your work history, as well as a determination of whether your disability meets the criteria of a condition in the SSA manual or is essentially equivalent to such a condition. If you are thinking about filing for Social Security Disability benefits, you need to speak to an attorney who can help you gather evidence and fill out the initial application or pursue an appeal if it is denied.

Contact a Dedicated Personal Injury Lawyer in Plymouth County

If you have been injured in an accident caused by someone else’s negligence, you need to reach out to a skilled attorney as soon as possible. At The Law Offices of Michael S. Mehrmann, we are committed to helping our clients achieve the justice and compensation that they deserve following a life-changing event. We proudly represent people in Massachusetts communities such as Kingston, Plymouth, Marshfield, Hanson, Duxbury, Carver, and Pembroke. To discuss your case in more detail at no cost to you, call (781) 585-3911 or contact us online.