If you have experienced a personal injury accident, whether it may be a car accident, slip-and-fall, pedestrian accident, medical malpractice, or another type of accident, you have legal options to seek necessary compensation if you suffered due to someone else’s negligence. Proving fault in a Massachusetts personal injury claim is imperative for a successful outcome; an experienced Massachusetts personal injury lawyer can guide you through the complex legal process.
At Sweeney Merrigan Personal Injury Lawyers, we have over 100 years of experience helping Massachusetts personal injury victims recover the compensation they deserve, earning tens of millions in settlements and verdicts so they may obtain closure and focus on their recovery. Schedule a complimentary consultation today at (617) 391-9001 or fill out our contact form so we may fight for the justice you deserve.
In a Massachusetts personal injury claim, the victim has the burden of proof when seeking compensatory damages against the negligent party. With the support of a skilled Massachusetts personal injury lawyer at Sweeney Merrigan Personal Injury Lawyers, you must prove fault by showing the presence of the four elements of negligence.
Negligence is the legal theory that shows that an individual acted unreasonably and in a careless way that injured another person. If this is proven, then the negligent individual will be held liable for the harm they caused.
The following are the elements of negligence you must prove in your personal injury claim:
The initial step to proving fault in a personal injury claim is to establish that the responsible party owed you a lawful duty of care. A legal duty of care requires an individual to act reasonably in a situation that is standard when upholding safety. In some instances, this may be legally established, for example, a medical professional providing adequate care to patients. Or in other situations, an individual may owe you a duty of care by following local laws and regulations.
When proving whether a negligent party violated a legal duty of care, the court may assess whether a reasonable individual would have acted differently in similar circumstances. If the court finds that another individual would have been able to avoid causing injury by acting with reason and prudence, then the negligent party will likely be found guilty of violating duty of care.
Not only do you have to prove that the negligent party violated their duty of care, but you must also prove that their violation directly caused your injuries. Additionally, it is also essential to evaluate whether the negligent party could have foreseen that their actions could have caused your injury. It is likely that if the actions were unforeseen to cause injury, such as an act of nature, then they would not be found liable.
Lastly, you must prove that you suffered significant damages due to the injuries the negligent individual caused. Damages could include losses such as medical expenses, lost wages, property damages, pain and suffering, and many more. With the support of an experienced Massachusetts personal injury attorney at Sweeney Merrigan Personal Injury Lawyers, we can evaluate the details of your claim and the suffering you have endured, helping you determine the value of the damages you have sustained.
In Massachusetts, if you have suffered a personal injury accident, you may only be eligible to recover compensatory damages if you are found to be less than 51% responsible for the accident. If the court evaluates the details of the case and deems you to be more than 51% responsible, you lose your legal right to seek damages.
Additionally, your award may decrease by the percentage of the blame you share for the accident. After a comprehensive investigation, it may be found that you did not contribute to the accident, and the negligent party is 100% responsible and may be liable for paying damages for the harm they have caused.
Obtaining justice for the injuries you have suffered may not be straightforward. If you cannot prove that the accident and resulting injuries were wholly the other party’s fault, you may not obtain the full value of compensation that would have otherwise been awarded. Working with an experienced personal injury lawyer at Sweeney Merrigan Personal Injury Lawyers enables you to build a solid case with pertinent evidence necessary to determine fault and obtain the maximum compensation you are owed.
Obtaining the justice you deserve may be a complex process, but with the help of the skilled personal injury attorneys at Sweeney Merrigan Personal Injury Lawyers, you can rest assured that every vital detail of your case will be handled with the utmost care and diligence. We have over 45 years of experience fighting for victims affected by negligence in a personal injury accident, earning tens of millions in settlements and verdicts to help them get back on their feet after the harm they’ve endured.
At Sweeney Merrigan Personal Injury Lawyers, our award-winning legal team is proudly led by our renowned managing partners, J. Tucker Merrigan and Peter M. Merrigan. J. Tucker Merrigan has been a celebrated co-managing partner for over ten years, providing devoted representation to personal injury victims in Massachusetts. His recognitions include 2018-2021 Rising Star, Super Lawyers; 2015-2021 Top 40; Under 40, National Trial Lawyers. Co-managing partner, Peter M. Merrigan, has been acknowledged for his exceptional representation and his pursuit of justice for clients affected by negligence: 2018 Rising Star, Super Lawyers; 2019-2021 Massachusetts Super Lawyer, and more.
Schedule a complimentary consultation today at (617) 391-9001 or fill out our contact form so we may fight for the justice you deserve.