Injured?

Let our DC and Boston Injury Attorneys Help

Each Boston and Washington DC injury attorney at Pollack & Flanders LLP has the experience to handle personal injury litigation. A personal injury occurs when a person has a cause of action based on the wrongful conduct of another, entitling the person to damages, including:

• Medical care
• Loss of earnings
• Pain and suffering
• Emotional distress
• Psychological counseling

Each Washington DC and Boston injury lawyer at Pollack and Flanders LLP is adept at handling personal injuries resulting from a car accident, traumatic brain injury, spinal cord injury, slip and fall, defective product, medical malpractice, or other careless or reckless conduct. Personal injury litigation breaks down into three general categories: intentional acts, negligence, and strict liability.

Personal injuries from intentional acts occur when a defendant has specific knowledge to cause the plaintiff injuries. Damages for intentional wrongs are more generous than other categories of personal injuries, with awards of punitive damages, because the law seeks to preserve public policy against people attacking each other.

Negligence occurs when, by accident or mistake, a person departs from the conduct expected of a reasonably prudent person acting under similar circumstances. In negligence, the plaintiff proves four elements:

• The defendant, such as a manufacturer, owed a duty to the consumer
• The defendant breached its duty
• The plaintiff was injured
• The defendant’s breach caused the plaintiff’s injury

For example, product manufacturers owe a duty to users and bystanders, and must guard against injuries that are likely to result from reasonable, foreseeable misuse of a product. In some cases, the merchant or distributor who sold the defective product may also be liable.

Strict liability holds a party responsible to anyone injured by use of an unreasonably dangerous activity. For example, a dog owner is responsible to anyone injured by the dog. Another example, strict liability holds a product manufacturer responsible to anyone injured by the use of an unreasonable and dangerous product. A plaintiff must show that the product was defective and unreasonably dangerous, and was defective when it left the manufacturer. The defect must have caused the injury to the plaintiff.

The value of each case depends on the permanency of an injury, the medical treatment required, the time missed from work in order to heal, the complexity of legal rules, and the extent of emotional trauma. Injuries are permanent when they last over a year. Typically, measuring the severity of the injuries includes medical bill costs, the length of time to recover, and the types of injuries. Each DC and Boston injury attorney at Pollack & Flanders evaluates cases to ensure its clients receive the best medical treatment available for the best medical recovery possible.

Contact a Boston or Washington DC personal injury attorney at Pollack & Flanders to obtain the maximum monetary compensation for personal injury losses.