What is Considered “Negligence” in Massachusetts?
Each day in Massachusetts, people are injured because of other parties’ negligent actions. Victims may seek compensation for the injuries they incurred. However, not all careless behavior will be considered negligence.
In order for a person’s actions to constitute “negligence” in Massachusetts, their behavior must have breached their duty of care. The applicable duty of care in your lawsuit may depend on a variety of factors surrounding your accident. Furthermore, in some cases, responsibility for an accident can be shared by more than one party. If your own negligent conduct contributed to your accident, it may affect the amount of monetary damages available to you.
If you were hurt because of another party’s negligent actions in Massachusetts, get help recovering the full range of monetary damages available to you. Reach out to our experienced Massachusetts injury attorney today by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Elements of Negligence in Massachusetts
There are several different types of negligent behavior that can cause harm. The form of negligence that occurred in your case can impact your path to compensation. Still, in any case based on negligence, the following elements must be present for a defendant to be at fault:
- The defendant was under a duty of care to act a certain way
- The defendant failed to adhere to that duty of care
- You incurred an injury because of the defendant’s breach of duty
- You sustained damages as a result of the harm you suffered
It can be hard to assess whether a defendant breached their duty of care. There are multiple separate duties of care that can apply to your claim. Accordingly, if you were injured because of another person’s reckless or careless conduct, you should contact our Boston personal injury lawyers for help determining whether they breached their duty of care.
What Happens if Your Own Negligence Contributes to Your Accident in Massachusetts?
If your own negligent behavior contributed to the accident at issue, it may inhibit the amount of monetary damages you can recover. Courts in Massachusetts will follow the doctrine of modified comparative fault when awarding damages in a negligence case. This means that damages will be assigned based on percentages of blame. For example, if you own negligent behavior was 30% to blame for an accident while a defendant was 70% responsible, then the defendant will have to pay for 70% of the damages caused by the accident while you must account for the 30% left over. Furthermore, if you were over 50% at fault for an accident, you will be unable to pursue compensation related to the injuries you sustained.
If you file a personal injury lawsuit seeking damages for your injuries, the defendant will likely be represented by an insurance company who will attempt to shift blame for the accident at issue. By assigning blame onto you, the insurer may avoid paying the full value of your claim. Accordingly, you should contact our Massachusetts personal injury lawyers for help establishing fault and recovering fair compensation for the damages you sustained.
Types of Accidents Caused by Negligence in Massachusetts
There are countless different types of accidents that can occur because of peoples’ negligence. The legal strategies used in your case may be dependent on the type of accident that occurred. The following are examples of accidents our experienced Cambridge personal injury lawyers can recover compensation for:
Car accidents are one of the most common types of accidents caused by negligence in Massachusetts. After a car accident, you may have to pursue damages from your own insurance company. However, if you sustained a serious injury or incurred an extensive amount of medical bills because of an accident, you may be able to bring a lawsuit against the at-fault driver. After a crash, our team can help evaluate the legal options available to you.
Motorcycle accidents are another common accident caused by peoples’ careless behavior in Massachusetts. Motorists often cause motorcycle accidents because they fail to notice riders before making an illegal left turn or before merging onto a highway. In such cases, it is usually the rider who sustains worse injuries. If you were injured because of a motorcycle accident. Our Wakefield personal injury lawyers can help recover financial compensation for the harm you suffered.
Additionally, many truck accidents occur because of negligent conduct committed by truck drivers and trucking companies. Many of these crashes occur because drivers are to remain on the roads for extended periods of time, causing them to become tired and make harmful mistakes. Furthermore, many truck accidents happen because drivers and trucking companies do not properly secure their cargo. In such cases, our Massachusetts personal injury lawyers can help recover monetary damages from either the truck driver, trucking company, or both.
Slip and Fall Accidents
Many people are also injured because of slip and fall accidents caused by property owners’ negligent behavior. Owners should properly maintain their premises for the safety of visitors. When this duty of care is not adhered to, severe injuries can occur. For example, a customer at a restaurant may incur serious injuries after slipping on a loose rug that was not promptly tended to by the building’s owner. In that case, the victim may be entitled to multiple forms of economic and non-economic damages.
Defective Product Accidents
Lastly, many people are injured because of accidents caused by defective products. Products can be defective through their manufacturing, marketing, or design. Fortunately, manufacturers can be held liable for injuries caused by their defective products.
However, proving that a product was defective can be a complex task. Expert witness testimony is usually required to establish that a product was defective. Therefore, if you were injured because of a faulty product, you should call our experienced Malden personal injury lawyers for help building your case against the parties responsible.
If You Were Injured Because of Another Person’s Negligence in Massachusetts, Our Attorneys Can Help
If you were hurt because of another party’s negligent conduct, get support from our experienced Chelsea personal injury lawyers today by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.