What Is Negligence?
Negligence in Massachusetts, and in all states, means failing to act reasonably in a situation and causing injury to a person(s) as a direct result. As a Boston accident lawyer, negligence is the lynchpin of each case my office handles. Whether it be a Massachusetts car accident, slip and fall, or any other type of personal injury case, the injury victim must prove the following elements in order to win a negligence case against a defendant:
1) The defendant owed the plaintiff a duty of care. This means that the one who caused the injuries had a legal duty to act in a reasonable manner toward the victim. An example of a duty of care is that we all have a duty while driving not to drive into the rear of the car in front of us.
2) The defendant breached his duty of care to the plaintiff. This is where the plaintiff must show the defendant failed to act reasonably toward him. If there was a breach of duty that is negligence. But, in order to win in court, you need to prove two more elements.
3) The plaintiff suffered harm or injury because of the defendant’s breach. You must show that as a result of the breach, that you sustained injuries. Even if the defendant was negligent but you were not injured, then you will lose at trial. You must be able to show that the breach led to your injuries.
4) The plaintiff must be able to prove his damages. This is the final element that needs to be shown. Even if there was negligence and you were injured, if there was no medical treatment necessary then there is no case. Damages can be proven with medical records and medical bills that can show that you did suffer concrete losses stemming from the negligence.
Please note that under Massachusetts law the issue of negligence does not apply to Massachusetts workers compensation and only sometimes applies to dog bite injury claims.
If you feel you have been the victim of negligence, contact Boston accident lawyer Christopher Earley today for your free, no-obligation consultation. We only get paid if we win your case!
What Is Negligence?