Massachusetts Personal Injury Lawyer

Legal Representation for Accident Victims in Massachusetts

Cappetta Law Offices provides tenacious legal representation to help accident victims in Framingham and the surrounding areas pursue damages. Our principal, Framingham personal injury lawyer Daniel J. Cappetta, is familiar with the trauma and stress following an accident. He strives to smooth the recovery process of his clients. He speaks in plain English so that clients always know where they stand. When prospective clients are too injured to come to our office, Mr. Cappetta is available for a consultation in their home.

Personal Injury

Most personal injury actions are based on a theory of negligence. This means that you will need to show that the defendant owed you a duty of care, the defendant breached the duty of care, and you sustained injuries and costs. If you can establish the defendant's liability, you may be able to recover compensatory damages. These are damages that are meant to place you back in the position in which you would have been had you not been injured. Damages may include both economic and noneconomic losses.

Car Accidents

Massachusetts is a no-fault car insurance state. This means that you must turn to your own insurance, the personal injury protection coverage that you purchased, in order to get compensation for financial losses such as medical bills after a car accident. You can only go outside the no-fault system and sue an at-fault driver in civil court under certain conditions. To sue a driver who caused a car accident that resulted in your injuries, you must have incurred a minimum of $2,000 in reasonable medical expenses, or the injuries arising out of the accident must include permanent and serious disfigurement, substantial vision or hearing loss, or fractured bones. If these conditions are met, a personal injury attorney in the Framingham area can help you pursue a claim for damages.

Truck Accidents

The injuries arising out of tractor-trailer, semi truck, or other commercial truck accidents are often catastrophic. Moreover, multiple people may be injured. They may all need to make claims against a negligent truck driver. You should be aware that trucking companies may bring an experienced investigation team out to the accident, since so much money is at stake in many truck accident cases. It is important to consult an attorney before speaking with a trucking company representative. An experienced attorney will look not only at a truck driver's possible negligence but also at the possibility that the accident was partly caused by defective truck components, third-party loader negligence, or trucking company negligence.

Motorcycle Accidents

Motorcyclists are not protected by buffers when they are hit by a larger vehicle. Often, motorcycle accidents are caused by negligent drivers. Negligent conduct by drivers of larger vehicles can include cutting off motorcyclists, failing to yield, swerving in front of a motorcyclist, speeding, distracted driving, following too closely, and driving under the influence. Insurers do not need to provide PIP coverage in insurance policies that cover motorcycles in Massachusetts. If an injured motorcyclist was not at fault for an accident, a Framingham personal injury attorney may be able to help them sue to recover damages from an at-fault driver.

Premises Liability

Premises liability lawsuits are claims for damages arising out of injuries caused by a dangerous condition on real property. Property owners and occupiers are required to maintain their premises in a reasonably safe condition for lawful visitors. Often, premises liability lawsuits are brought against businesses. If you are suing a business for a slip and fall, for example, you would need to show that the defendant created a dangerous condition or had actual knowledge of it, and the defendant was positioned so that they could see and fix the dangerous condition, or you fell on a foreign substance that appears to have been present for long enough that the defendant should have seen it. Premises liability lawsuits can be highly fact-specific. How much time must have passed to allow an inference that the defendant should have seen a hazard is dependent on the circumstances of the case.

Medical Malpractice

If you were injured by a doctor or nurse's error, you may be able to recover damages in a medical malpractice lawsuit. However, not every mistake made by a health care professional constitutes medical malpractice. Generally, you will need to show that you were owed a professional duty of care, but the medical provider failed to comply with that duty. The professional duty of care depends on the standards and practices of the medical community. Generally, expert testimony must be presented to show what the professional standard of care was. There is an exception if the negligence is so obvious that it would be within the jurors' common knowledge.

Dog Bites

Under MGL, chapter 140, section 155, a dog's owner or keeper can be held liable if the dog causes injuries when the victim was not trespassing, perpetrating another tort, or provoking the dog. This law applies to all injuries caused by a dog. A dog owner can be held liable even if the owner did not have prior knowledge that the dog would bite or injure someone. Often, dog owners raise the defenses of provocation or trespassing, but a Framingham personal injury lawyer can help a victim fight back against these defenses.

Construction Accidents

Construction workers can be injured in many different ways on the job, including falls from great heights, slip and falls, tools malfunctioning, exposure to hazardous materials, cave-ins, and motor vehicle accidents. Workers in Massachusetts can recover workers' compensation benefits for job-related injuries, regardless of fault. However, some construction workers are injured by the negligence of a third party that is not their employer. For example, an employee of a roofing subcontractor might be able to sue an electrical subcontractor for negligently failing to put a warning sign on an electrical switchgear cabinet if it caused the roofing employee to be electrocuted. In that case, it may be possible to sue for damages, including noneconomic damages. However, liability on a construction site can become very complicated, depending on the relationships of the parties and the content of their contracts, so it is crucial to consult an experienced attorney.

Consult a Personal Injury Lawyer in the Framingham Area

Mr. Cappetta is dedicated to his clients' state of mind and goes the extra distance for each of his clients. He responds to messages within 24 hours, seven days a week. He personally handles each client’s case. If you were injured by another person or entity, you should contact Cappetta Law. We work on a contingency fee basis, which means that you do not pay anything unless compensation is recovered. Call us at (508) 969-9505 or use our online form to set up a free consultation.

Contact Us
Free Consultation
Contact Us