Negligence has been the primary standard and criteria for imposing civil liability for Massachusetts personal injury cases over the past 150 years of American jurisprudence. Negligence personal injury cases make up the largest item of business on the civil side of all Massachusetts trial courts’ dockets. You may be wondering, however, what exactly is negligence?
Under Massachusetts personal injury law, a person or entity is responsible for your personal injury damages if you prove them to be negligent. To show that another party has been negligent, a plaintiff must show that the other party did something wrong, behaved unreasonably, or otherwise failed to follow a recognized legal duty that was owed to the plaintiff.
In regards to Massachusetts personal injury accidents, negligence can be proven by showing that the other party has acted carelessly or otherwise improperly, and that their actions caused the plaintiff’s injury. A party found to be at fault for negligently causing a plaintiff’s injury is responsible for paying all money and other damages that occurred as a result of their negligent behavior. Often, settlement negotiations and personal injury cases in Massachusetts courts focus particularly on which party was at fault, i.e., negligent, with respect to the Massachusetts accident.
Massachusetts law defines negligence as the failure to exercise that degree of care that an ordinary, cautious and reasonable person or entity would have exercised, in light of all the facts and circumstances of a particular situation. Negligence can be found where a party acts, fails to act, or behaves in a way that combines both negligent action and inaction. When a party fails to exercise the appropriate standard of care under the circumstances, and a Massachusetts resident suffers personal injury as a result, the injured person may bring a claim for money damages in accordance with Massachusetts tort law.
In order to successfully prove that another party has been negligent, a Massachusetts plaintiff must prove four elements:
(1) Duty,
(2) Breach,
(3) Causation, and
(4) Damages.
To recover a money judgment and personal injury damages against another party, a Massachusetts plaintiff must demonstrate and prove all four of the above elements. Specifically, a plaintiff must show that they were owed a duty from the other party, that the other party breached this duty through their action or inaction, that the other party’s action or inaction caused the harm suffered by the plaintiff, and that the plaintiff has suffered an injury for which money damages are appropriate.
In all Massachusetts personal injury trials, the injured plaintiff must prove that the other party, namely the defendant, was at fault for the accident and caused the injuries suffered by the plaintiff. The plaintiff must establish that the defendant’s action or inaction failed to satisfy and uphold a legal obligation or duty to protect the safety of the plaintiff. Moreover, the plaintiff must show that the defendant’s failure to uphold this duty caused resulting injury and harm to the plaintiff.
If you or someone you love have been injured or suffered a wrongful death in a Massachusetts personal injury accident due to someone else’s negligence, please do not hesitate to call our Boston personal injury lawyers or Boston, Massachusetts wrongful death accident attorneys today at 617-787-3700.
Our Massachusetts personal injury attorneys and Massachusetts wrongful death attorneys are some of the most skilled and knowledgeable legal professional that the Commonwealth has to offer. Our expert Massachusetts attorneys will work diligently, 24 hours a day, 7 days a week, to ensure that you and your family receive the personal injury damages or wrongful death damages that you deserve under Massachusetts negligence law.
Please call 617-787-3700 today for a free and confidential consultation regarding the merits of your negligence claim.
You may also send our Boston, MA law firm an email at info@gilhoylaw.com.
Call 617-787-3700, 24/7. Your needs are our top priority!
