Have you sustained injuries in an accident in Massachusetts? If so, your injuries may result in several other losses. Such losses can include medical bills and lost wages. They may also include losses that don’t have an exact dollar value, such as pain and suffering.
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You may be eligible for financial compensation in these circumstances. If your injuries resulted from the negligence of another party, you can file a claim with their insurance company accordingly. You may also file a lawsuit to seek damages in court if the liable party doesn’t have insurance or their insurer won’t offer a fair settlement.
What exactly is negligence in these circumstances? The answer can vary on a case-by-case basis. Generally, negligence occurs when someone fails to exercise reasonable care and leaves you vulnerable as a result.
To better understand what personal injury negligence cases might look like, consider the following examples.
Premises Liability (Property Owner/Manager Negligence)
Property owners and managers must take reasonable steps to prevent a guest from being injured in an accident that could have been avoided. A negligent property owner may be one who fails to address hazards on their property, and management responsible for overseeing safety may also be responsible.
For example, Massachusetts is no stranger to winter storms. A retail store owner or restaurant owner has a duty to apply deicing agents to their parking lots and other exterior areas of their property in a timely manner. The property owner or manager who fails to do so may be found liable if a customer or employee sustains injuries in a slip and fall or a similar accident.
Medical Malpractice
Medical professionals can be negligent in several ways that might result in harm to patients. For example, a doctor might be liable if a patient doesn’t receive treatment for a condition because the doctor failed to diagnose it. A doctor could be deemed negligent if, given the patient’s symptoms, a reasonable physician would have arrived at a diagnosis, leading to earlier intervention which likely could have prevented the harm.
Generally, negligence occurs when someone fails to exercise reasonable care and leaves you vulnerable as a result.
Motorist Negligence
There is no shortage of ways that a negligent motorist can cause harm. Reckless behaviors like speeding and driving under the influence of alcohol are just two common examples of negligence. It’s worth noting that Massachusetts is a no-fault car accident state. You don’t need to prove negligence to seek compensation after a car wreck in Massachusetts. Instead, you can file a claim with your own insurance for compensation. However, if your injuries are severe enough, you may also file an additional claim against a negligent third party.
Product Liability
When a product is used as intended, or in a foreseeable manner, a safely designed and manufactured product should not cause severe injuries or death.
However, if the product fails to due to a defect, the designer, manufacturer, distributor, marketer or retailer who created or overlooked the defect before selling the product may be considered negligent in these circumstances. A lawyer can assist you in determining liability if it’s unclear who is responsible for your injuries.
Negligent Security
There are certain settings in which property owners or business owners must take substantial security measures to protect guests, employees, and anyone else who has a legal right to be on a property. Innocent people can get hurt when they neglect this duty.
For example, maybe you’re out at a club one night when you sustain injuries in an assault. Perhaps the individual who perpetrated the assault accessed the club because security was lacking.
In this case, you certainly may have grounds to take legal action against the individual who directly caused your injuries. Speak with a lawyer to learn more about potential options. The bottom line – you may seek justice for injuries caused by the negligence of a property or business owner, in this and numerous other scenarios.
The Importance of Proving Negligence in a Massachusetts Personal Injury Case
There are various ways you can prove someone’s negligence caused your injuries in Massachusetts. Examples include:
- Speaking with witnesses
- Reviewing police reports or other such official accident reports
- Reviewing photos/footage of the accident
- Analyzing forensic evidence
- In some circumstances, hiring experts to recreate the conditions of an accident
- Reviewing statements from liable parties
- Showing how the nature of your injuries indicates negligence played a role in your accident
Examples Of Negligence In A Personal Injury Claim
Be aware that insurance companies often strive to identify excuses to avoid paying claimants. If an insurer’s own investigation fails to yield evidence of negligence, you may need to investigate yourself to generate such evidence.
You don’t have to handle this task alone. At Swartz & Swartz, P.C., investigating the circumstances of your accident is just one way a Boston personal injury lawyer can assist with your case. For more information, contact us online today or call us at (617) 742-1900 to discuss your case for free.
Need Help?
If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: James Swartz
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