Personal Injury Lawyer Berkshire County MA

Personal Injury Lawyer in Berkshire County, MA

Expert, Responsive and Compassionate Service

One of the most rewarding aspects of being a personal injury lawyer in Berkshire County, MA is that I get to represent injury victims who deserve compensation. In my 40+ year career, I’ve seen time and time again that it’s the fear of litigation that motivates safer policies and products.

Your injury is about you and your compensation: it’s also about creating safe environments for others. Asbestos was not banned because manufacturers feared lung cancer; it was fear of litigation. Silicone implants were not taken off surgeons’ operating tables because of fear of silicon migrating into women’s bodies; it was fear of litigation. Safer cars, safer toys, safer medical and police procedures have all been ordered because the decision makers fear legal responsibility for unsafe measures.

If you or your family member have been injured due to negligence on the part of another, you are entitled to seek compensation. The negligence that causes personal injuries varies greatly. Your injury may have resulted from, a car accident, a trucking accident, a slip and fall, a workplace accident, a dog bite or medical malpractice. Injuries include:

Broken bones
Torn or sprained ligaments and muscles
Bulging or herniated discs
Spinal Cord Injuries
Traumatic Head and Brain Injuries
Loss of limbs, fingers, or toes
Disfigurement
Loss of earnings or the capacity to earn
Physical Pain
Mental Anguish
Impairment of performing life’s activities
Medical expenses
Survivorship damages in wrongful death claims

What Is a Personal Injury Lawsuit?

In a nutshell: A personal injury lawsuit is a civil action brought by an injured person against the person or entity responsible for their injuries.

Personal injury law, also known as tort law, is designed to protect you if you are injured or harmed because of someone else’s negligent act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses. Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant negligent and thus liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

Types of Personal Injury Cases We Handle in Berkshire County, MA

I have helped hundreds of individuals who have suffered injuries through no fault of their own, and their families, to navigate a very complicated system. I understand what you are going through.

These are the types of personal injury cases I most often see in Berkshire County, MA:

Car Accidents
Trucking Accidents
Slip and Fall Injuries
Claims Against Homeowners Insurance
Wrongful Death and Catastrophic Injury Claims
Dog Bites
Workplace Injuries
Product Liability
Medical Malpractice
Dental Malpractice
Legal Malpractice
Excessive Force Cases Against the Police
Tort Claims Against the Government

As a personal injury attorney, I win generous settlements in all of these types of personal injury cases. Watch “What Types of Personal Injuries I Focus On.”

Whether you’ve just been injured or you’re in the hospital, please call me at (413) 429-6400 or contact us online.

Here are a few Scott Sanes personal injury case examples:

Trucking Accident Case Study: I represented a man who had been side swiped by a school district bus and suffered a torn ligament in his knee. When the city failed to recognize the nature and extent of his injury and disputed fault, we tried the case to a jury that found that the bus operator failed to exercise proper care when he didn’t make sure the lane was clear when merging. The jury awarded the personal injury client in excess of the $100,000 cap on damages against a school district.

Slip and Fall Injuries Against Retailers Case Study: One autumn my client and her family rented a beautiful lake house with a long wooden walkway that led down to the water. As expected, the walkway was covered with leaves and pine needles, but what was not expected is that it had not been cleaned in many months and slippery green algae had developed under those leaves. When she slipped and fell suffering a serious fracture to her ankle, the homeowner’s insurance paid $225,000 to compensate my client for her pain, impairment, disfigurement, and medical expense.

Car Accident Case Study: As my client approached the stop sign at the entrance to her office complex, a pick-up truck rear-ended her car shattering her ankle. The truck driver had abruptly shifted lanes moments before the car crash. The force of the collision jammed the driver’s foot on the brake pedal shattering her ankle. Multiple surgeries with an eventual ankle fusion left our client with permanent disability. The insurance company was ready to pay medical bills for the negligence of their driver, but pain and suffering were ignored in their analysis. We sought compensate her for physical pain, impairment, and disfigurement in the past and future. On the courthouse steps before trial, we were able to convince the insurance company that this was not a simple ankle fracture and negotiated a settlement of $1,500,000.

On my case studies page, you can see more types of personal injury cases I have won for my clients.

On my testimonials page, you can read reviews from my clients and their families after I have won their personal injury cases for them.

Types of Compensation Available in a Personal Injury Lawsuit

There are different types of compensation available in personal injury lawsuits. Every tort (personal injury) claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss. To better understand the types of compensation, read on.

What Is liability?

Simply put, liability is the responsibility of a person or company for damages caused by their neglect. If a driver runs a red light and collides with another car, that driver is “liable”—or responsible—for the damages caused to the injury victim in the other car. If someone trips over a hazardous condition at a retail store, the retailer is “liable” to pay damages to compensate their customer for their for their injuries. The designer of a hazardous product is strictly liable (no need to prove negligence) to compensate a buyer for injuries caused by that unreasonably dangerous product. Once a personal injury attorney establishes that a person or company is liable, the injury victim is entitled to be compensated for the injuries caused by the neglect of the liable party.

What Are damages?

Damages in personal injury cases include physical pain, mental anguish and emotional distress, physical impairment of performing daily tasks, disfigurement of the body, loss of earning and earning capacity and medical expenses. All of these damages are compensable for past suffering or that can be proven will be suffered in the future. Wrongful death damages include the loss of emotional and financial support, comfort, love and household services in the past and future along with medical expenses incurred prior to the loved one’s death and funeral expenses.

Physical pain damage calculations are up to the jury. To prove past physical pain, the plaintiff can testify about the pain or have loved ones and medical providers describe the nature and extent of the pain.
Mental anguish and emotional distress refer to a state of mind including emotional pain, torment and suffering.
Physical impairment of performing daily tasks
Disfigurement of the body
Loss of earning and earning capacity
Medical expenses

How a Personal Injury Lawyer in Berkshire County Can Help

Life can be wonderful: it can also take unsuspected and damaging turns. When you suffer a personal injury, no matter how significant, it disrupts your life. And the road to recovery is expensive. You CAN get the necessary money to get your life back on track. If you’ve suffered a personal injury due to no fault of your own, a personal injury attorney can help you get the financial compensation for your damages after the injury.

A personal injury attorney takes over every aspect of your case to secure your (or your family’s) future. It’s vital that you seek out an attorney with deep experience and a significant track record of success. That’s what I have done for 40+ years and continue to do today for my clients in the Berkshires. Read on to learn how to choose the right lawyer for you AND the questions you should ask that personal injury attorney.

Why Choose the Law Offices of Scott A. Sanes?

You may feel anxious about meeting with a personal injury lawyer, especially if you are suffering from your injury or grieving for a loved one. It’s a difficult time to make decisions — but it’s important that you do decide as quickly as possible. I promise you that the defendant’s insurances company is moving as quickly as they can to build a case to minimize their payout.

Choosing the right lawyer for you and your case can seem daunting. You may speak to family and friends to see if they have used a personal injury attorney here in the Berkshires. You can also research online. People type in questions like “How do I find a personal injury lawyer in the Berkshires?” and “Best personal injury lawyer in Great Barrington, MA.” Hopefully, those questions will lead you to the Law Offices of Scott A. Sanes!

All I do is personal injury law, also known at tort law. This has been my specialty for over 40 years! I am an expert at proving liability and damages so that our Massachusetts system of justice awards my clients for their loss. And these cases are almost always resolved before going to court.

If we do need to go to court, I am the only personal injury lawyer in Berkshire County, MA with 40+ years of experience in questioning jurors during jury selection – a vital component to win personal injury trials. Any client that hires me gets experienced, passionate, and personal representation.

I can assure you that I will do everything in my power to do the following:

Make your feel comfortable;
Listen to your personal injury story with no judgment;
Answer all your questions (in that meeting and during our time together);
Explain my expertise, particularly in the area of the injury that concerns you; and
Help you through every stage of the process to secure the money you deserve. I am available to my clients through direct phone calls, emails and messages. I always respond within 24 hours and almost always much sooner than that.

You deserve to be heard and compensated. Call the Law Offices of Scott A. Sanes Law today for a free consultation (413) 429-6400 or email scott@scottsaneslaw.com.

Scott Sane’s 10 Most Frequently Asked Personal Injury Questions

Here are the 10 most frequently asked personal injury questions that I am asked here in Berkshire County, MA. Click here to get the full FAQ.

What percentage do most injury lawyers take? (You can watch this short video on my YouTube page.)
What type of damages am I entitled to recover when I am injured because of the negligence of another person or company?
How soon should I hire an attorney if I am injured by the negligence of another?
What is the difference between a personal injury trial attorney specialist and another attorney in representing me in my injury claim?
What type of injury claims does Scott Sanes handle?
What makes a product “defective” or “unreasonably dangerous”?
When is a bar or restaurant responsible for the injuries caused by a drunk customer?
When can a dog owner be held responsible if the dog bites someone?
When is a medical provider responsible for an injury to their patient?
When is a retailer responsible for injuries that happen in their store?

What Is the Statute of Limitations for Personal Injury Claims in Massachusetts?

If you’re wondering what the statute of limitations is for personal injury claims here in Massachusetts, the simple answer is three years. You must file a personal injury lawsuit within three years of the date of the alleged negligence in almost all cases. But there are certain notice requirements that require you to respond quicker. For example, State, town or city may have requirements that you must give them notice a lot quicker than three years.

Watch this short video on my Scott Sanes Law YouTube channel.

Insurance companies are out there right now trying to defend their insurance dollars. It’s really important for you to get a qualified personal injury attorney to represent you as quickly as possible.

Contact an Experienced Massachusetts Personal Injury Lawyer in Berkshire County Today

The Law Offices of Scott A. Sanes know this is a difficult time. You shouldn’t have to navigate this alone. Get answers, support, and the experienced guidance you need to move forward. Contact us for your free consultation—we’re here to help. Call (413) 429-6400 or contact us online here.

Client Testimonials and Success Stories

“After compiling a statement of my losses and presenting it to the insurance carrier we were miles apart from what the insurance company wanted to pay versus what I was legitimately owed. Scott suggested trying a mediation before spending time and money on what could prove to be a lengthy court battle. Further, Scott suggested we use a mediator that the insurance company knew as the carrier would be more likely to go with a mediator’s recommendation if they respected the mediator. The result was I was offered a generous 7 figure settlement, and a check was sent to me personally via overnight mail about a week later! My house is now in the process of being completely rebuilt!” —One of Scott’s Clients

“I cannot recommend the Law Offices of Scott A. Sanes highly enough for their exceptional legal representation. From the moment I contacted their office, I was met with professionalism and compassion. Scott and his team went above and beyond to ensure that my case was handled with care and attention to detail.” —One of Scott’s Clients

“Scott is for real…he cares about right versus wrong not dollars. I’ll also add that it was Scott who was there—not an assistant and not someone else.” —T. Fitzhenry

“I wish to give my highest recommendation as to the abilities of attorney Scott Sanes. I had a very large property loss when my house in Massachusetts burned down to the ground. Since the house fire was caused by construction workers working on site, I had to find legal counsel who would represent me in this large property casualty claim against various insurance companies. With an outstanding background in personal injury cases and in particular working with insurance companies, I felt Scott Sanes was a perfect fit for which could be a protracted legal battle.” —One of Scott’s Clients

“Scott Sanes is THE guy you want on your side.” —J. S. Johnston

About Berkshire County, MA

Founded in 1761, Berkshire County (pop. 128,000)—known as “The Berkshires”—is the western-most county in Massachusetts. Those of us who live here, and the 2.6 million people who visit annually, appreciate the natural beauty of the Berkshire Mountains (Mount Greylock is the state’s highest peak at 3,491′), our lakes and rivers, and hundreds of hiking trails, including the Appalachian Trail running 90 miles through the county.

Many Berkshire County locals and visitors enjoy all that the arts and culture organizations have to offer: the Mahaiwe Performing Arts Center in Great Barrington; Barrington Stage Company in Pittsfield (our county seat with the largest population); Mass MoCA in North Adams; The Clark in Williamstown; Shakespeare & Company and Tanglewood in Lenox; Jacob’s Pillow in Becket. The list goes on.

The Berkshires are rural, so that means lots of driving. Most people in Berkshire County, MA drive alone to work, and the average commute time is 20.4 minutes. (datausa.io) And our vacationers are active and on the roads.

Crash data in the Berkshires reveals that the streets today are multi-use. They are traveled by not only drivers, walkers and bicyclists, but also those on privately-owned scooters. A person zooming around on a motorized unicycle is also a sight sometimes seen! The roads are filled with vacationing sight seers who don’t necessarily have their eyes on the winding roads. Therefore, although glorious year round, crashes involving pedestrians and bicyclists have skyrocketed in recent years.

In 2023, in our five largest towns alone, Pittsfield, North Adams, Adams, Williamstown, and Great Barrington, there were almost 500 car accidents. (apps.impact.dot.state.me.us). These accidents affected 644 young drivers, older drivers, motorcyclists, bicyclists, and pedestrians.

We have our fair share of vehicle accidents in the Berkshires. The good news is that we have far fewer accidents than adjacent counties.

More Personal Injury FAQs

What should I do after an accident?
The paramount concern after a collision is health. Your health, your passenger’s health and the other driver and passenger’s health. Once everyone is accounted for, notify the authorities immediately so that an investigation can commence. If there are witnesses, ask and record their names and telephone numbers. Photos and video of the scene and vehicle damage are incredibly helpful in proving the cause of the collision and the severity once the smoke clears and you are ready to make a claim.

How do I know if I have a personal injury case?
If you are injured and suspect the injury was caused by neglect of another person, retailer or product, consult with an experienced lawyer for personal injury. Make certain the lawyer specializes in the field and the lawyer will offer you a free consult to determine if you can recover money damages as a result of your injuries.

When should I file for a personal injury claim?
The sooner the better. Most insurance companies will interpret a gap in making a claim as a reason not to pay. Each State has its own Statute of Limitations. In Massachusetts, you have 3 years to file a lawsuit from the date of injury or your claim is waived. In Texas it is only 2 years. The earlier you contact a lawyer to represent your interests, the more the lawyer will be able to connect your damages to the injury you suffered.

Do I have to go to court for an injury claim?
Not necessarily. 99% of personal injury claims that are handled by experienced personal injury trial lawyers settle before going to trial. Many claims can be settled without filing a lawsuit and, even if a lawsuit is necessary to maximize the recovery, after discovery and depositions of the critical witnesses are taken, settlements are usually achieved during mediations or shortly thereafter.

How long will it take to resolve my personal injury case?
Length of time is dependent on several factors. The more you are hurt, the longer it usually takes to maximize your recovery. The limits of insurance held by the negligent party will affect the time it takes to resolve because the less insurance coverage, the quicker the claim resolves. Complicated facts or disputed liability takes longer to resolve than rear end collisions. Covid backed up many smaller county courts who are required to handle the backlog of criminal cases. An experienced personal injury lawyer will evaluate your claim and give you an estimate of time after your consult.

How is the pain and suffering compensated in a personal injury claim in Massachusetts?
In every personal injury case there are economic and noneconomic damages. Medical expenses and loss of earnings are usually simple to calculate. Subjective damages, like physical pain and mental anguish, are much more difficult to determine. An experienced trial lawyer will advocate for you, first with the insurance company, then with a mediator and, if not resolved, to a jury of your peers to maximize the value of pain and emotional torment caused by your injuries.

How are personal injury settlements paid out?
Insurance companies will ordinarily compensate you in a lump sum payment when the claim is resolved. There are usually medical liens to be negotiated before payment is forthcoming and, in the event of larger settlements, investment choices will be considered such as annuities or college funding for minors. You will consult with your attorney and financial advisors to determine your preferred method of payout once your case is settled, or a jury verdict is rendered.

How can social media affect your personal injury case?
“What you say can, and will, be used against you!” This is especially true of social media posts. After a serious injury, many people have the inclination to post about the events. Do NOT post! Insurance companies will search your background, including facebook, twitter, instagram and others, to find written material to mitigate your damages. Posts will never help your case and, inevitably, will serve to haunt you when they are produced during the discovery process.