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Understanding Assumption of Risk in Massachusetts Personal Injury Claims

Published in Personal Injury on February 15, 2024

Reading Time: 3 minutes

Whether you were injured in a motor vehicle accident or a slip-and-fall, when filing your personal injury claim, you may have heard the term, “assumption of risk.” This term can have a significant impact on your personal injury case as it is often used by the defense to avoid taking responsibility for any wrongdoing as it relates to your case. A trusted personal injury lawyer can ensure you understand assumption of risk and how it may affect your claim. 

The Sweeney Merrigan Personal Injury Lawyers know how serious personal injury accidents can be, leaving victims with injuries and losses. With over 45 years of experience and extensive knowledge of these types of cases, our personal injury attorney has recovered millions for clients and can help you build a strong case even when the defense presents their own case for the assumption of risk associated with the incident. Speak with one of our award-winning personal injury lawyer today for a free case review at (617) 391-9001 or fill out a contact form.

What Is Assumption of Risk in a Personal Injury Case?

Assumption of risk is a legal term that implies that you knew that there was a chance of injury or that you consented to it. In other words, assumption of risk would imply that you contributed to your own injury, taking either whole or partial liability off the shoulders of the defense. This can be concerning for an individual who was involved in a personal injury accident and suffered serious injuries due to the negligence of another party. 

While there may be some assumed risk when you get behind the wheel of a car or ride a motorcycle, there is still the matter of duty of care and when that is owed to those around us. If the party who was responsible for your accident, even if there was some assumed risk, was negligent and breached the duty of care owed to you, your personal injury attorney can collect evidence to build your case and ensure they are held accountable.

How to Prove Liability in a Personal Injury Case

When you are coming up against an assumed risk claim in your personal injury case, it is more important than ever to be able to prove liability. While there are various parties who could be found liable for your injuries and losses, your personal injury lawyer will launch a full investigation into your case to identify this party and begin the process of holding them responsible for their negligence. 

To prove that the other party is liable for your accident, your personal injury attorney must provide evidence of the four factors of negligence. These factors are as follows:

  • The at-fault party owed you a duty of care
  • The duty of care was breached
  • The breach of duty led to the accident and your subsequent injuries
  • You suffered a loss as a result

To build a strong personal injury claim, contact a trusted personal injury lawyer today.

Contact a Massachusetts Personal Injury Lawyer for Help With Your Claim

Navigating the aftermath of a personal injury accident is a challenging journey, but you do not have to go through it alone. At Sweeney Merrigan Personal Injury Lawyers, you will work with trusted personal injury attorney like our co-managing partner and attorney J. Tucker Merrigan. Attorney Merrigan has been recognized by 2018-2022 Rising Star, Super Lawyers, 2015-2022 Top 40 Under 40, National Trial Lawyers, and 2020-2022 Top Attorney Award by for his devotion and commitment to clients. 

For a no-cost consultation of your personal injury claim, call a personal injury lawyer at (617) 391-9001 or fill out a contact form today. 

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