Personal Injury Attorneys in Boston can file the following types of wrongful injury suits against defendants:
Negligence-If an individualís act or failure to act has injured someone critically. The act may not be deliberate, but the defendant is still liable for damages.
Strict Liability-Applied to product liability, i.e. claims filed against manufacturers and suppliers for dangerous products that result in serious injuries to the product users.
Intentional Misconduct-When a person with a malicious intent inflict harm on some other person and that cause serious injury and sometimes death. This type of claim is litigated under criminal law by personal injury lawyers of Boston and wrongdoer can be prisoned.
Comparative Negligence-If it is proved that the injured person actions has contributed in causing injury then the negligence is shared equally between the injured party and the defendant and the damages are reduced accordingly
It is of paramount importance and critical to clearly prove that the other individual or party was definitely negligent, i.e. at fault, and can be held responsible or liable for the injury. Boston personal injury lawyers are of the opinion that producing a credible and successful case is generally considered a two-pronged test. Establishing that the party is at fault without an evidence of damages will never produce a substantial offer of settlement from an insurance company and will presumably earn a mere nominal judgment after trial.
In any successfully negotiated or litigated claim it is firstly essential and compulsory to prove liability and secondly to undoubtedly delineate damages. According to the argument given by personal injury lawyers of Boston fighting a compensation claim is actually a three-pronged test in the sense that meeting the first two conditions will not do the needful and yield nothing if the concerned party or the injured person is not sufficiently insured.
A decade ago it was a dream of a personal injury lawyer of Boston to formally mediate a serious personal injury case in Massachusetts. Mostly all the cases were settled in an old-fashioned manner, via phone calls or meetings between counsel and at times, insurance adjusters.
Today, in contrast you can witness a sea change when a glance at all those advertisements that are published in Massachusetts Lawyers Weekly, reveal several ads for alternative dispute resolution. Majority of these ads are by Alternative Dispute Resolution companies that maintain exhaustive lists of professional arbitrators and mediators. There are a huge number of Personal Injury Attorneys in Boston, especially those who have experience of many years as legal practitioners and have successfully settled difficult cases like death due to negligence and fatal accidents claims. A significant number of retired judges have also lent their experience to the alternative dispute resolution movement. Not only are there commercial ADR firms but you can also find many ADR services operated by the court.
Personal Injury Claims related to Aviation.
Each year, millions of adult's and children's personal safety and security is in the hands of experienced professional airline pilots and their crews, who ensure their safe arrival at their intended destinations. Aviation accidents claims Lawyers of Boston say that Americaís major airline carriers proclaim of possessing far better overall safety record as compared to other modes of mass transportation, such as trains, automobiles, and cruise ships. Despite having high tech air navigation systems, anti-terrorist screening practices, stringent safety compliance mandates, issued and enforced by the Federal Aviation Administration, and the National Transportation Safety Board, aviation-related injuries and death remain a great safety threat and a potential risk that starts with the car trip to the airport, and finishes only upon the passenger's safe arrival to the ultimate destination.
According to the records collected by aviation accidents attorneys of Boston the most common cause of aircraft related injuries and death in both commercial and private airline disasters are:
- Encounters with unforeseen weather systems
- Mechanical failure including airframe defects
- Metal Fatigue
- Electrical System Malfunction
- Tainted Fuel
- Hydraulic Failure
- Navigational Errors that include erroneous radar data furnished by Terminal Radar Approach Control facilities
- Insufficient airframe and engine maintenance or excessive age
- Defects in airport concourses and jet-way floor surfaces that result in falls by passengers
- In flight food poisoning
- Crew Fatigue
- Injury or death caused by a Terrorist Act
Laws governing airplane crashes and negligence-The successful litigation of aviation law claims need long experience with aviation law. Only those airplane disaster lawyers of Boston that possess complete knowledge of the laws of each state or nation can fight cases successfully because every aircraft accident case demands constant research, high degree of technical understanding and some innovative strategies.
The type of commercial/major carrier accidents covered under Aviation Accident Laws are:
- Major Carrier Accidents-This refers to aviation accidents of commercial aircraft that can include both domestic or an international carrier, an airplane or a helicopter.
- General Aviation Accidents-Accidents related to every type of non-commercial aircraft's such as small private airplanes, private helicopters, charter flights, and business jets.
An aviation attorney of Boston can provide the following services when an accident takes place:
- Help in the maintenance of evidence
- Collect radar information
- Preserve all air traffic control recordings
- Find key witnesses
- Interview witnesses
- Identify jurisdictional issues
- Evaluate the financial obligation of the parties responsible for the crash
- Protect their client's rights during initial interviews with authorities