Massachusetts Personal Injury and Workers' Compensation Law Blog
Do I Have A Personal Injury Case?
There are many different types of personal injury cases. We are frequently asked by new clients “Do I have a personal injury case?” Car accidents, slips and falls and dog bite are some common types of personal injury cases that commonly occur. Generally, personal injury cases are about showing negligence. Negligence is failing to act reasonably under a given set of circumstances. If you were injured, and negligence (or sometimes called ‘liability’) can be shown, then you likely have a case worth pursuing. But how is negligence determined? Below are some ways in which it is determined with different cases.
Car Accidents
Negligence with car accidents can be shown that the driver failed to operate his/her vehicle in a reasonable way, which led to the crash, and your injuries. Liability can be established with a police report, or witness statements. Sometimes, it can be established by photos of the damaged vehicles. Generally, there is a presumption of negligence with rear-end collisions, and with left-turn cases.
Slips and Fall Accidents
Negligence with slip and fall cases is a little trickier. For these cases, negligence is harder to establish. You must show that the condition you slipped or fell on (liquid, broken steps, etc.) should have been removed or fixed before you fell. If the landowner knew about, or should have known about the defect that caused the accident, and did not reasonably address the same, then he/she can be held liable for your injuries.
Dog Bite Accidents
Dog bites are governed by strict liability. If a dog bites you, the owner of the dog is generally automatically liable for your injuries. Negligence needs to be shown in situations where a dog bites a tenant (or guest of a tenant) of an apartment complex and the landlord knew about the dog – and it’s dangerous propensity of biting – but failed to do anything to remove the dog from the property.
Workers Compensation
Negligence does not come into play with workers compensation cases. The mere fact that a work injury occurred, and disability from working results, is enough to qualify for workers compensation benefits. However, if a third-party is responsible for your work accident, then negligence against that party will need to be shown, in order to recover damages.
Attorney Christopher Earley can help if you are wondering if you have a personal injury or workers compensation case to pursue. Call today for help with your case. We only get paid if we win your case.