As a Boston personal injury lawyer, I receive this question frequently. People that are injured understandably want to know what their legal rights are. For some injuries, you can file a lawsuit. For others, you cannot. It really depends on the type of case. Here are some different types of cases that allow for lawsuits, as well as others that don’t.

Injury Cases That Can Be Litigated

For all negligence claims, you may sue. Generally, these cases start first as claims against the responsible parties’ insurance company. If a settlement is not reached then a lawsuit can be filed. For example, if someone injures you in a car accident, you can sue that person. Or, if you slip and fall in a store, you can sue the store. However, the party you are suing must be negligent in order for their to be a valid case to be litigated.

For example, if you are a pedestrian and you are not in a crosswalk and walk into traffic without looking out for cars, and you get hit, negligence will be impossible to show.  In that case you would not want to file a lawsuit, because the case will go nowhere.  Or, if you negligently strike a vehicle or person with your motorcycle, and you sustain injuries, you will not have a valid negligence case to pursue.

For some cases, you can sue even without needing to show negligence. This is the case for dog bite cases. These cases are governed by strict liability, instead of negligence.

Injury Cases That Can’t Be Litigated

While the majority of injury can be litigated, there are some that cannot.  For example, if you are injured on the job, you cannot file a lawsuit against any party. You can however file a third-party lawsuit if an entity, other than your employer, caused your accident. If you are unable to settle an underinsured or uninsured motorist claim, you must proceed to arbitration rather litigation. That is because these are contractual disputes with insurance companies, rather than third-party tort claims.

Boston Injury Lawyer

Regardless of the type of Massachusetts accident case you may have had, contact the Earley Law Group Injury Lawyers today. We always offer free consultations and stand ready to help you get maximum compensation for your injury case.