Roxbury Personal Injury Lawyer

The National Center for Health Statistics within the Center for Disease Control and Prevention (CDC) reported that about 31 million people are injured and require medical attention each year in the United States. Unsurprisingly, liability is often disputed and is the reason why many personal injury cases are litigated each year.

Personal injury claims make up the vast majority of civil litigation. Some of the most common causes of personal injury cases include traffic accidents, workplace accidents, defective products, and medical malpractice. Personal injury cases often hinge on the legal claim of negligence.

If you or a loved one was injured and believe someone else is at fault, contact a Roxbury personal injury lawyer today. A skilled personal injury attorney could help analyze the unique facts of your case to get the compensation you deserve.

Elements of Negligence

To be able to recover compensation for a personal injury in Roxbury, the injured party and their Roxbury personal injury attorney must be able to prove another party is responsible for their injury. To prove negligence, the injured party has the burden of proving four elements:

  • Duty of care – the injured party must prove the defendant was required to act with reasonable care under the circumstances to prevent the harm that occurred
  • Breach of duty – the injured party must show that a reasonable person would not have acted in the manner that the defendant did
  • Causation (actual and proximate) – the injured party must prove that their injury was a foreseeable result of the defendant’s negligence (proximate causation), and that but for that negligence, the injury would not have occurred (actual causation)
  • Damages – can include physical, emotional and financial injuries, such as medical expenses, pain and suffering, and lost wages

Comparative Negligence in Personal Injury Cases

Massachusetts adopted the comparative negligence theory, which states that any negligence on behalf of the injured party will reduce the total amount of damages the defendant will be required to pay. Under Chapter 231, Section 85 of the Massachusetts Code, so long as the injured party’s negligence was less than that of the defendant, they are still entitled to damages.

Thus, if the injured party was found to be 35 percent negligent, the defendant will only be required to pay 65 percent of the total damages awarded. However, if the plaintiff was found to be 51 percent negligent, they cannot recover any damages since they were more negligent than the defendant. Many personal injury lawsuits may involve comparative negligence, such as car wrecks or pedestrian accidents.

Statute of Limitations

In order to bring a personal injury lawsuit against a negligent defendant, the injured party must file a claim within three years of the date of their injury, according to Massachusetts Code Chapter 260 Section 2A. If they fail to bring a lawsuit within that timeframe, they may be barred from bringing a lawsuit. A Roxbury personal injury lawyer could help an injured person file a claim within the statute of limitations.

Reaching Out to a Roxbury Personal Injury Attorney

When someone is responsible for your injury, you deserve justice. You may be able to hold the responsible party liable through a personal injury lawsuit that will allow you to recover compensation for the cost of your injuries. Do not talk to the insurance company without the guidance of a seasoned lawyer.

If you or a loved one suffered a personal injury and believe someone else was negligent, reach out to a Roxbury personal injury lawyer today. A qualified attorney could help you understand your legal options.