Attorney Constant S. Poholek Jr represent individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others. Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills, and stress placed upon families and loved ones. We often take our physical and mental well-being for granted—until something goes wrong.
Attorney Constant S. Poholek Jr understands that when an accident happens, lives are forever changed. Simple pleasures become chores. Daily routines are disrupted. Economic losses are often devastating. Whether caused by an automobile accident, defective product, or other negligent, careless, or reckless conduct, injuries can alter lives forever. Our attorneys provide effective, aggressive investigation and representation, thereby allowing our injured clients to attend to personal matters in the hopes of moving on.
In Massachusetts, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). Some of the key principles of personal injury are as follows:
Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner’s insurance, or another general liability insurance policy.
Strict liability generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. Liability insurance is often available to compensate victims who suffer personal injury as a result of the strict liability of the responsible party.
Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages under some circumstances.
Comparative negligence may arise when the actions of the injured person have contributed to his or her own harm. If the plaintiff is comparatively negligent, that will reduce the amount of the award. The negligence is divided between the injured party and the defendant and the damages are reduced accordingly.
Damages are awarded to victims who have suffered personal injuries or wrongful death as a result of the misconduct of another individual or business. In Massachusetts, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases.
Personal injury and wrongful death cases are technical and can be complex. Attorney Constant S. Poholek Jr has experience before administrative boards, trial courts and appellate courts, and have prevailed on claims for the most serious personal injuries.
Personal injury and wrongful death cases are always emotional. While you are upset or grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.
Attorney Constant S. Poholek Jr can help you decide your best course of action and can develop the best legal strategy for demonstrating your claim.
Attorney Constant S. Poholek Jr can handle a wide variety of personal injury and wrongful death cases, including those involving:
- Motor Vehicle Accidents
- Medical Malpractice (including malpractice by doctors, nurses, and other health professionals)
- Premises Liability (including a slip and fall accident and the failure to warn of a danger on the premises)
- Product Liability (including defects in the manufacture or design of a product and the failure to warn of a product danger)
- Bicycle Accidents
- Construction Site Accidents
- Pedestrian Accidents
Physical and emotional injuries in these cases may come in all varieties. The following are some examples of the types of injuries that may be the subject of a personal injury claim.
- Traumatic Brain Injuries, Closed Head Injury, and other Injuries resulting in Severe and/or Permanent Brain Damage
- Joint, Spinal Cord, Neck, and Back Injuries
- Fractures and Dislocations
- Birth Defects and Birth-Related Injuries
- Amputations, Burns, and Scars
- Seizure Disorders, Cancer, and other Serious or Terminal Medical Conditions
- Emotional Trauma, Mental Anguish, Anxiety, Depression, and other Psychological or Emotional Conditions
- Loss of Consortium a spouse’s or child’s loss of the companionship, help, and affection of a person who has died
- Skin Burns, Carbon Monoxide Poisoning and other Fire-Related Injuries
- Other Severe, Permanent, and Crippling Injuries, as well as injuries of lesser severity
Because the Statute of Limitations applies to these cases, victims have a limited time frame in which to file their case. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights.