Plymouth Personal Injury Lawyer

What Are The Elements of a Personal Injury Case?

There are four elements that need to be present before an accident can be considered to be a personal injury, are as follows:

1. The person who caused the accident owed the victim a duty of care. A duty of care means that someone is expected to behave like a reasonable person would in a similar situation. For example, a driver owes a duty of care to other people on the road by obeying the rules of the road and paying attention while behind the wheel. A store owner owes a duty of care to customers by ensuring there are no hazardous obstacles in their path.
2. The duty of care was breached. This is also known as negligence, and it is the cornerstone of personal injury cases. In the examples given above, a driver breaches the duty of care if they text while driving, and a store owner is negligent if they do not clean up a spill that could cause a slip and fall accident.
3. The breach of duty causes an accident. It is not just that the duty of care was breached; it is necessary that it causes an accident as well. That means the texting driver causes a car accident, or a customer slips on a spill that the store owner does not clean up.
4. The accident victim suffered losses. This means that the person got injured and will have to worry about medical bills, repair bills, or other expenses resulting from the accident.

As you can imagine from the general requirements listed above, there are many different ways that someone can suffer from an injury that qualifies them to seek compensation through a personal injury claim or lawsuit. No two cases are alike, and working with an attorney who is willing to take the time to go through your case and identify the factors that make your case unique is important to ensure that you are fighting for the money you rightfully deserve.

Over $1 Billion

In Settlements & Verdicts

See More Real Results

Personal Injury Practice Areas

One of the reasons personal injury cases are so prolific in Plymouth is that personal injury covers a lot of categories, some of which include the following:

Vehicle Accidents

These can include car accidents, truck accidents, and motorcycle accidents. Vehicle accidents are very common in Plymouth, as well as across Massachusetts. While some of them are relatively harmless, the worst can leave the victims with catastrophic injuries requiring extensive medical care.

There were 1,528 crashes reported in Plymouth for the year 2019 (the last year with complete data at the time of publishing), with 3 of those crashes resulting in fatal injuries, 44 leading to severe injuries, and another 224 resulting in minor injuries. This data only tells a small part of the overall story, though, because even “minor” injuries can lead to months or years of ongoing suffering that can significantly impact things like income and a victim’s ability to pursue an everyday life.

Premises Liability

This type of case simply means that a property owner must keep their premises safe for people who are legally allowed to be there. That includes everyone in Plymouth, from a store owner to the owner of a private home. Failure to do so constitutes negligence and means the property owner is liable if an accident occurs because of a hazardous condition on their property. Dog bites are included in premises liability cases because the dog’s owner should keep their pet restrained if they know it presents a biting hazard.

Medical Malpractice

Doctors and healthcare professionals sometimes make mistakes when treating or diagnosing their patients, which could have dire consequences. Common types of malpractice include misdiagnosing a patient’s condition or prescribing the wrong type of medication.

Medical malpractice is a serious and complicated issue. With the support and guidance of your lawyer, personal impacts like trauma, loss of enjoyment, and a wide range of additional “abstract” damages will be included in your claim alongside more measurable impacts such as ongoing medical costs, additional surgeries, and more.

Defective Products

If a person is using a product in the way it was intended and ends up getting injured as a result, they have grounds for a personal injury case. Defective product cases can be complex because you need to find out where the defect occurred, and you may end up having to take on a big corporation, which is why a personal injury lawyer is helpful in such cases.

Assault and Battery

Even though these are intentional and criminal acts rather than accidents, they still fall under the umbrella of personal injury. The reason is that the victim does not receive compensation if their attacker is convicted of a criminal act, so they will need to file a personal injury claim against them to get compensated for their injuries.

Wrongful Death

Wrongful death is when someone dies from an accident that would otherwise have been considered a personal injury. So if someone was seriously injured and then dies because of those injuries, then it is wrongful death, and their family can file a wrongful death claim to get compensation to cover any expenses caused by the death of a loved one.

Contact Us to Get Real Justice!

888-902-5867

Send a Message

Is It Worth Getting a Personal Injury Lawyer?

The short answer is yes — there is far too much for one person to do by themself in a personal injury case in Plymouth. Evidence will need to be gathered, the injury claim will need to be filed, and then there is the insurance company of the responsible party to deal with. A personal injury attorney can deal with all of that on behalf of their clients.

Some personal injury cases might lead to a lawsuit, in which case a personal injury attorney will be needed. Their legal advice and representation are vital if the victim wants the best chance of a successful outcome to their case.

What Percentage do Personal Injury Attorneys Get?

It is understandable if someone has reservations about hiring an attorney because they are worried about the fees, but that should not be a concern. Personal injury attorneys tend to offer free consultation, and they work on a contingency basis. That means they do not get paid unless they are successful, in which case, they get a percentage of the settlement amount. That percentage varies based on the lawyer and the type of case, but you can rest assured that the attorney will always make sure that their client has enough money to cover any damages caused by the accident.

Contact our Plymouth office to connect with a top attorney about your situation and learn more about your future as our client. We will be able to go through the many details, such as our contingency fees, examples of past cases we have handled that are similar to yours, and more.

Common Injuries in Personal Injury Cases

Since personal injury covers such a wide range of topics, the injuries suffered by the victims of personal injuries can also be wide-ranging. Slip and fall injuries tend to cause broken bones, spinal injuries, and head injuries. Car, truck, and motorcycle accidents can cause a lot of damage to the people involved; they can range from broken bones, internal damage, whiplash, concussions, traumatic brain damage, and more.

A concussion is a serious issue and must be addressed immediately. If you recognize any of the symptoms provided above by the Center For Disease Control, contact your doctor as soon as possible.

The injuries in truck and motorcycle accidents are particularly bad because the sheer size of trucks means that they can cause a lot of damage to other vehicles. The opposite is true for motorcycles because their smaller size and lack of protection mean that motorcycle riders are especially susceptible to catastrophic injuries. The injuries in medical malpractice cases depend on the nature of the malpractice since surgical errors, misdiagnoses, and the wrong medication can cause different types of conditions. The same goes for injuries caused by defective products.

– you are in good hands!

“When I broke my leg at work I didn’t know what to do. Thankfully a friend of mine told me to contact Bernheim Kelley. My attorney Brooke Perez and her paralegal Gabriella were great. Gabby answered all my questions and made me feel like I had made the right choice. Thank you Bernheim Kelley.”

Rodney J.

“Dor Schwartz gave us the best service we ever got from a lawyer. He fought for us (off court) and negotiated until we got our money back. He was very professional, kind, and approachable. He answered all of our questions and explained every step of the way. We are definitely going to recommend him & Bernheim Kelley to our friends and clients.”

Dana A.

“I really want to give a huge shout out to my attorney Brooke Perez and an even bigger shout out to her paralegal Gabby @ Bernheim Kelley! The law firm helped me to be compensated for a work injury and I got paid while I was off work. My checks came on a weekly schedule. Thank you all for making this rough situation not so bad. Thank you Thank you!”

Martha S.

“I have used them to represent me on more than one occasion and have recommended this firm to several family members and friends. They are very professional and will always give their undivided attention to each and every case regardless of how complex the case might be. I trust Bernheim Kelley with all of my legal needs and will continue to recommend them each and every time. Thank you for your dedication and hard work.”

John S.

“Working with Bernheim Kelley was an extremely positive experience. The level of attention given was much appreciated, especially with complicated details within our case. Highly recommended and look forward to working with them in the future if the need were to arise.”

Marlaina R.

“It was a long and exhausting road for a claim that was submitted but ultimately I have to thank Jeff DeCarlo and Norin Levy for offering the expertise, support, and patience it needed to reach a settlement that was worth the wait. Thank you Bernheim Kelley for your diligence and professionalism along the way. Being that I never had an insurance claim before, Jeff kept me reassured and calm and Norin made sure my ducks were in a row with the paperwork. Thank you Team!”

Ingrid H.

“I have found Robert Pinkiert and his case manager, Alicia, to be very responsive. Alicia keeps me up to date throughout any proceedings and thoroughly responds to any of my questions or concerns. It is a pleasure to work with the team.”

Neil M.

“Thank you Jesse Bernheim, you and your staff are nothing but amazing. From the communication, patience, and professionalism, your office continues to get results. You and your staff make clients feel like family and know how much we appreciate your hard work and attention to detail. Thank you and god bless!!”

Eddie S.

“I’ve been Jesse Bernheim’s client for more than 15 years. He takes good care of his clients, getting great results. Although most cases are settled out of court, he doesn’t hesitate to get into a courtroom if it’s needed for the benefit of his clients. He and his firm recently helped me with an accident at a park, that accident has caused me not only physical but mental pain, anxiety, and anguish. Jesse Bernheim and Robin Rios took my hand all the way, making me feel protected and confident. They explained to me what to do and what to expect clearly. I highly recommend them.”

Jessica P.R.

“Attorney Robert Pinkiert and his paralegal Alicia are wonderful to work with. They are experienced, professional, highly skilled, and always responsive to help answer questions and provide guidance. Both reached out and proactively supported me during a stressful and challenging time. I would recommend Bernheim Kelley to anyone, including my own friends and family.”

Alice M.

“Thank you so much! I’m so grateful for the way my case has been handled!! I highly recommend Bernheim Kelley. From the very beginning of my case, the communication has been excellent. They have handled my case so professionally and have made me feel so comfortable throughout the process. By far they will work for you and make sure you get the BEST results. If you are looking for an amazing attorney don’t look any further I promise you have it here!!”

Luciana B.

“The absolute best law firm you could ask for in an injury claim. They worked real hard to ensure not only I was ok but set up all my physical therapy and ensured I was paid for my unfortunate accident. Very helpful, no drop in communication, and always had my best interest in mind. I will recommend this firm to anyone!!!!”

Alexander S.

“My experience with this firm from start to finish was excellent in every way. Their entire team was responsive, knowledgeable, and they produced even better results in my case than I was hoping for. I strongly recommend them to anyone seeking counsel for their own matters.”

Serian & John M.

“Jesse Bernheim is professional, responsive, and a great guy. Pleased to be associated with such a fantastic and talented team!”

Rajdeep G.

View More Testimonials

Contact Us If You Have Suffered a Personal Injury In Plymouth, Massachusetts

No matter what kind of personal injury you have suffered, you should contact us to get a free consultation about your case. At Bernheim, Kelley, Battista LLC, we can help you with any kind of personal injury you experienced in Plymouth, MA, from slip and fall cases to car accidents to defective products and every other kind of personal injury. We will fight for any resident of Plymouth to get them the compensation they need and deserve. So get in touch with us at Bernheim, Kelley, Battista LLC as soon as possible after you have suffered a personal injury in Plymouth, MA.