What is personal injury law?

Personal injury law allows individuals who have been harmed physically, emotionally, or financially due to the negligence, recklessness, or intentional wrongful acts of another party to seek monetary compensation (damages) through the civil justice system. Common examples include injuries from auto accidents, slip and falls (premises liability), medical malpractice, defective products, and dog bites.

What should I do if I am injured due to someone else’s actions?

First, seek appropriate medical attention for your injuries. Document everything related to the incident, including dates, times, locations, witness information, and photos of the scene and injuries. Report the incident if applicable (e.g., file a police report for a car accident, notify the property owner of a slip and fall). Preserve any relevant evidence. Contact a personal injury attorney promptly to discuss your situation, understand your legal rights, and ensure critical deadlines are met.

What kind of damages can I recover in a personal injury case?

You may be able to recover economic damages, which are quantifiable financial losses such as past and future medical expenses, lost wages, and loss of earning capacity. You may also recover non-economic damages for subjective harms like pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages, intended to punish the wrongdoer, are rarely awarded in Massachusetts negligence cases and typically require proof of gross negligence or willful, wanton, or reckless conduct. Note that Massachusetts law places caps on certain damages, particularly non-economic damages, in medical malpractice cases.

How long do I have to file a personal injury lawsuit?

In Massachusetts, the general statute of limitations for most personal injury lawsuits (actions of tort) is three years from the date the cause of action accrues (usually the date of the injury), as specified in M.G.L. c. 260, § 2A. There are exceptions, such as the discovery rule (where the time limit may start when the injury was or reasonably should have been discovered) or tolling for minors (the clock may not start until the minor turns 18). Missing the deadline almost always means losing your right to sue. Consulting a lawyer promptly is critical to preserve your claim.

Can I get a lawyer’s help for a personal injury?

Yes. Most personal injury attorneys offer free initial consultations and work on a contingency fee basis. This means they only get paid a percentage of the settlement or court award if they successfully recover compensation for you; you typically don't pay attorney fees upfront. A lawyer can investigate your claim, gather evidence, assess the full value of your damages, negotiate with insurance companies, and represent you in court if necessary. While results are never guaranteed, legal representation significantly helps in navigating the complex legal process and protecting your rights.

Boston Personal Injury Attorneys | Graydon Sommer PLLC

Personal Injury

We represent injury victims in negligence, malpractice, and product liability claims.

$340B

Estimated annual economic cost of motor vehicle crashes in the United States, including medical expenses, lost wages, and productivity losses, per NHTSA.

42,915

Number of people who died in motor vehicle traffic crashes in the United States in 2021.

3 YRS

Massachusetts statute of limitations for filing most personal injury claims.

$4.67B

Total medical malpractice payouts in the U.S. in 2023, per National Practitioner Data Bank data.

Massachusetts follows a modified comparative negligence rule, allowing injured parties to recover damages when they are less than 51% responsible for the accident, with compensation reduced by their percentage of fault.

Personal injury today spans AI and robotics failures; large-scale data breaches with privacy violations; institutional abuse or sexual assault; defective medical and biotech products; harms from social media and other digital platforms. These events may cause serious physical and emotional injuries, substantial medical expenses, and, in some cases, death.

Graydon Sommer PLLC represents clients in Boston and across Massachusetts in complex personal-injury and product-liability matters. Examples include algorithmic decision errors causing injury, cybersecurity incidents, deepfakes, image-based abuse, telehealth errors, diagnostic errors, defective medical devices, defective pharmaceuticals, and drone or autonomous-system failures. Survivors of sexual abuse in institutional settings may pursue civil claims for institutional negligence, including negligent supervision and failure to protect vulnerable individuals.

Overview

We provide comprehensive legal services to help victims recover compensation for medical expenses, lost wages, pain and suffering, and, when applicable, wrongful death.

Traumatic brain injuries (TBIs) result in an estimated annual economic cost of $76.5 billion in the U.S., considering both direct and indirect expenses.

Personal Injury

Our firm offers professional legal assistance to help you navigate the aftermath of personal injuries by:

Medical errors are suggested to be the third leading cause of death in the U.S., responsible for approximately 250,000 deaths annually.

Your Rights

As an injured party, you have the right to seek compensation for your injuries. These rights empower you to:

Protect your health through comprehensive medical treatment and rehabilitation, so you receive the highest standard of care from initial treatment to long-term recovery.
Enforce your legal rights through litigation, holding those responsible accountable. We navigate the complexities of the legal system on your behalf, whether through negotiation, mediation, or trial.
Recover financial compensation for your injuries and losses, including medical expenses, lost wages, and pain and suffering, as permitted under Massachusetts law.

AI and robotics failures in healthcare settings have been linked to a growing number of reported patient injuries, raising novel and unresolved liability questions for hospitals and manufacturers.

Lawyers' Role

Our lawyers provide strategic guidance to help maximize your recovery. We offer:

Selective case pursuit focusing on cases with strong merits and substantial evidence to promote impactful outcomes.
Settlement strategies, seeking timely and favorable settlements that reflect the circumstances of your claim.
Expert witness integration, collaborating with specialists across medical, technical, and other fields to bolster your case.
Trial preparation as we work diligently to prepare your case for trial if necessary, advocating for comprehensive protection of your rights.

How We Can Help

Motor Vehicle, Mass Transit, and Autonomous Vehicle Accidents

Represent individuals injured in car crashes, truck collisions, bus accidents, train derailments, and autonomous vehicle incidents.

Catastrophic and Life-Altering Injuries

Pursue comprehensive recovery for traumatic brain injuries, spinal cord damage, amputations, and severe burns.

Wrongful Death Claims

Support families after negligence-related deaths, seeking compensation for financial loss and emotional trauma.

Medical, Obstetric, and Telehealth Malpractice

Represent victims harmed by misdiagnoses, surgical errors, birth injuries, AI-driven diagnostic failures, and telehealth negligence.

Defective and Dangerous Products

Hold manufacturers accountable for defective pharmaceuticals, medical devices, AI-driven technologies, and consumer electronics.

Biotech, Genetic Engineering, and Laboratory Safety

Pursue claims for harms from experimental therapies, CRISPR complications, laboratory containment failures, and unauthorized genetic testing.

Sexual Assault and Institutional Abuse

Provide compassionate representation for survivors, seeking compensation from individuals and institutions.

Premises Liability

Advocate for individuals harmed by unsafe property conditions, negligent management, and structural failures.

Workplace, Automation, Construction Site, and Remote Work Injuries

Recover damages for workers harmed by unsafe conditions, equipment failures, and robotic or automation-related accidents.

Toxic Exposure and Environmental Injuries

Pursue compensation for exposure to asbestos, lead, industrial chemicals, and PFAS caused by corporate negligence.

Technology, Drone, and AI-Related Injuries

Hold companies accountable for injuries caused by malfunctioning AI systems, drones, wearables, and VR/AR technology.

Social Media, Digital Harms, and Hazing

Challenge tech companies whose platforms facilitate cyberbullying, hazing, algorithmic harm, and youth mental health crises.

Image-Based Abuse and Privacy Violations

Represent victims of deepfakes, revenge porn, and data breaches seeking damages for reputational and emotional harm.

Aviation, Spaceflight, and Commercial Space Tourism Injuries

Bring claims against operators and manufacturers for injuries in aviation accidents, spaceflight failures, and space tourism incidents.

Foodborne Illness and Contaminated Products

Recover compensation for clients harmed by E. coli, Salmonella, and other foodborne illness outbreaks.

Mental Health and Emotional Distress Claims

Advocate for victims suffering PTSD, depression, and anxiety linked to personal injury or corporate negligence.

Infrastructure Accountability

Hold builders and utilities accountable when negligent construction or maintenance causes injuries during climate disasters.

Nursing Home Negligence Claims

Seek accountability from long-term care facilities for elder abuse, inadequate staffing, and neglect.

Mass Disaster Injury Actions

Lead consolidated actions for victims of building fires, structural collapses, and mass transit disasters.

Commercial Trucking Collisions

Catastrophic injuries from tractor-trailers, 18-wheelers, and commercial vehicles. Pursue claims against drivers, carriers, freight brokers, and maintenance providers.

Clinical Trial & Human Subjects Injuries

Counsel injured research participants harmed by protocol deviations, inadequate consent, or device and drug safety failures.

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