Personal injury cases typically arise when one individual is hurt by another and applies to a wide range of scenarios. Negligence is a term frequently heard in such cases. The following is an introduction to negligence in personal injury cases from MA personal injury attorneys.
The technical definition of negligence is the failure to apply a degree of care. Determining negligence frequently involves thinking about whether a fairly competent person would have acted in a similar manner under similar scenarios. A person may not intend to harm, but their recklessness or failure to act can result in harm to another. In some cases, there may be comparative negligence. This means the actions of the person affected may have played a role in the injuries.
Components of Cases Relating to Negligence
Other than the cause of an event, there are other factors that relate to cases relying on negligence. First, the defendant must have some level of duty to apply a certain degree of care. Second, that person must have breached that duty. Third, that failure must have caused injury. Finally, there must be damages of some sort for which the injured individual is attempting to be compensated. Duty, breach, causation, and damages all influence personal injury cases.
For example, drivers have a responsibility to observe traffic rules. If a driver broke a traffic law and gets into an accident, he or she may have failed to fulfill that responsibility. That breach may be the cause of injury to others. Damages could include property damage and/or personal injury.
Negligence In Personal Injury Cases
A party found to be negligent may be held liable for resulting damages. If the victim committed comparative negligence, then those damages may be reduced. Examples of cases involving negligence are dog bites, drownings, auto accidents, slip and falls, and malpractice,… just to mention a few.
Finding MA Personal Injury Attorneys
The overview above is a simplistic explanation of negligence in personal injury cases. Most cases are complex depending on the scenario and the parties involved. It is critical to retain knowledgeable MA personal injury attorneys to evaluate your case and provide proper guidance. Contact John Martino at Martino Law Group for a complimentary consultation on your personal injury claim.