Massachusetts civil litigation lawyer Kevin M. Dwyer, Jr. offers comprehensive legal services to a diverse clientele. Located in Waltham, the Law Office of Kevin M. Dwyer, Jr. has expanded his civil litigation practice to include condominium, family, and probate law.
Unlike criminal cases, civil litigation provides an arena to settle disputes between parties that often involve claims for financial compensation. For example, many civil proceedings allow claimants to prove a legal “injury” for which they are entitled to “damages.” Civil matters can involve a variety of subjects, including:
- Personal injury
- Contract disputes
- Labor, employment
- Real or personal property
- Workers’ compensation
From “small claims” court disagreements to high-stakes, multi-million dollar lawsuits, a party claiming injury generally must prove that some harm directly resulted from the other party’s conduct. Attorneys advocate for opposing interests until they reach a resolution, usually in the form of a verdict or settlement.
Personal Injury Law
Personal injury cases comprise a large percentage of civil litigation matters. In personal injury law, the claimant is generally alleging harm caused by another party’s negligence. Negligence broadly describes the breach or violation of a legal duty that people have in most situations to act with reasonable care. Unintentional yet careless behavior causing personal injury is an example. Common sources of personal injury lawsuits include:
- Car accidents
- Truck collisions
- Motorcycle crashes
- Medical malpractice
- Construction accidents
- Failure to label or warn
- Defective devices or products
- Danger, injury on premises
In each case, the injured party must show that the other failed to fulfill their duty to exercise reasonable care through the use of witness or expert testimony and/or other evidence. To be successful, the party claiming injury must demonstrate a direct causal relationship between the alleged negligence and the injury. At-fault parties may include drivers, professionals such as doctors, property owners, manufacturers, and insurers.
Civil Litigation Liability
Massachusetts law provides that victims injured by negligence are entitled to compensation. Civil litigation is the means by which a court or legal counsel determines the award. Any at-fault parties are liable to injured victims for “damages” arising out of their reckless conduct. The ability to prove personal injury liability may hinge on negotiations with an insurance carrier or third parties. Few cases actually make it to trial, with the parties in many lawsuits instead opting for the faster, less expensive path of alternative dispute resolution, arbitration, or mediation to settle the dispute.
Injured victims are entitled to a variety of monetary damages from liable parties. The final award should compensate the victims for out-of-pocket expenses and other costs arising out of the injury. An award of damages may include compensation for:
- Repair bills
- Lost property
- Hospital costs
- Emergency care
- Medical expenses
- Lost income, wages
- Mileage and parking
- Future surgery or care
- Wrongful death damages
- Mental pain and suffering
- Permanent or total disability
In cases of permanent disability or death caused by accidental injury, the surviving victim or family members are entitled to present and future losses related to the harm. These may include funeral costs, continuing rehabilitation, future lost earnings, and lost relationship with the deceased.
Successfully Recover Compensation
If you were injured due to another person’s negligence, or need assistance with another civil law matter, call Massachusetts civil litigation attorney Kevin. M. Dwyer, Jr. for help. As a former prosecutor, Mr. Dwyer has extensive trial and litigation experience. The Law Office of Kevin M. Dwyer, Jr. is devoted to protecting your rights and helping you win the compensation you deserve. Call (781) 760-9662 or contact us online.