Revere Injury Lawyer: The 4 Elements of Negligence

September 28, 2022

In the United States, personal injury refers to physical or psychological harm done to your person instead of your property. When someone causes you an injury due to their negligence, you have a right to claim compensation against them. You can file a personal injury insurance claim or lawsuit against the responsible party to get justice. An experienced Revere injury lawyer can help you prove your claim successfully.

Common personal injury claims in Revere involve occurrences such as car accidents, slip and fall injuries, motorcycle accident, product defect, etc., and is usually unintentional. The individual, entity, or government agencies can be held liable for your damages. 

Damages for personal injury claims may include monetary costs for the injuries and property damage. It can also include compensation for non-economic losses like pain and suffering, etc.

An injury claim must involve negligence. A successful claim is dependent on proving the liability of the at-fault party. To win, you must establish the key elements of negligence. 

This can be complex and complicated, especially where the at-fault party denies responsibility for your injuries and losses. A Revere injury lawyer can help navigate this complicated area of law.

What Is Negligence?

Negligence is defined as the failure to exercise a degree of care that an ordinary or reasonable person would have exercised under the same conditions. Under this matter of law, everyone has a duty to exercise care under certain circumstances. For instance, motorists have a duty to drive carefully and obey traffic regulations for themselves and other road users. 

This subject matter is the basis for most types of personal injury claims in Massachusetts. Where one’s negligent action causes a substantial impact on another’s well-being and safety, then the reasonable inference is negligence. 

In most cases, the responsible party will be liable for the costs, including medical bills, property damage, and other associated costs. While this concept is simple, it can be complex in application.

What Are the Common Types of Personal Injury Claims in Revere?

A Revere injury lawyer is well-versed in handling multiple areas of personal injury law. They represent clients in cases arising from:

  • Pedestrian accidents
  • Car accidents
  • Dog bites
  • Nursing home abuse
  • Truck accidents
  • Slip and fall injuries
  • Motorcycle accidents

How Can I Win a Negligence Case in Revere?

If you are a victim of another’s negligence in state or federal claims, you must familiarise yourself with the negligence law to ensure it applies to your case. Generally, for you to win against the defendant (the party being sued) and receive compensation for damages, the initial burden of proof rests on you to prove the four key elements of negligence. 

These elements must be present and provable, or your case fails, and you get nothing. Unfortunately, many victims quickly approach insurance companies or the court without having actual knowledge or understanding of these elements. Hence, their case gets thrown out, or they get less compensation than they deserve. It’s not a bad idea to speak with a Revere injury lawyer with knowledge of negligence law to make sure you have a valid case.

A Revere Injury Lawyer Explains the Four Elements of Negligence

Negligence comprises four legal elements that must be proved to show the defendant harmed you. You can use these elements to build a strong negligence claim relying on a preponderance of the evidence.

According to Massachusetts negligence law, the following are the key elements of negligence:

  • Duty of care
  • Breach
  • Causation
  • Damages

Without proving these elements, you may be unable to recover monetary damages from the defendant. 

Let us now explain more about these important elements.

Duty of Care

A duty of care can only be established if the law recognizes a legal relationship between you and the defendant. This relationship obligates the defendant to act in a certain way towards you. Under the present circumstances, the law requires a defendant to act as a reasonable person would.

There are many ways a legal duty can be established depending on the type of case. For example, all Revere automobile drivers have a legal duty to drive safely. In slip and fall cases, the property owner has a duty to keep their premises safe.

Breach

Establishing a duty of care is not enough. You must prove that the defendant failed to uphold their duty of care towards you. If the defendant is a medical professional, it means that they did not meet the prevailing standard of care, which becomes the genuine issue in the case. 

Causation

There is negligence where there is a causal connection between the defendant’s action and your physical injuries. The injured person must prove that the accident resulted from the other party’s negligence or it was an intentional infliction. If your injury had not happened save for the defendant’s actions, you have a solid case. 

You must prove that the defendant reasonably knew or should have known that their actions would cause harm. Also, insurance companies may try to claim the accident was your fault, even if it wasn’t. So, your claims must be backed by infallible evidence. A good Revere injury lawyer will use investigators, witnesses’ statements, and physical evidence to show what happened.

Damages

You must prove that your accident involved tangible damages. It can be frustrating if someone acts carelessly, but you have no valid case if no legally recognized harm resulted from their actions. 

Your allegations of harm must show how the negligence or outrageous conduct cost you money, prevented you from working, or caused other life-altering changes. It can be demonstrated by documentary evidence, such as medical bills, pay slips for lost wages, etc.

If all these elements apply in your case, then you have a personal injury claim. You may want to consider consulting a Revere injury lawyer to investigate and help file your case in a district court. 

What Are Damages in an Injury Claim?

Damages include the injuries and losses suffered from physical injury. You will be awarded compensatory damages if you successfully prove your claim against the defendant. This is to meant to restore you to the state you were before the injury-causing event.

Award for damages varies according to factors such as:

  • The nature of the event that caused the injuries
  • The severity of your injuries suffered
  • The cost of your property damage
  • Your cost of medical treatment
  • The defendant’s insurance policy
  • Whether you will have future lost earnings
  • The extent of your emotional pain and suffering
  •  Other associated losses suffered

Furthermore, the amount you receive as payout varies on a case-by-case basis. Hence, no exact dollar amount is tied to all personal injury claims. Note that some claims can be successfully won through negotiations and meditations with the insurance adjusters. On the other hand, it can end up in court as an issue for trial to be determined by a jury.

Sadly, many accident victims receive less than they deserve to cover their medical costs and other fees. This is because they didn’t properly evaluate their measure of damages. 

To avoid this mistake, speak with a Revere injury lawyer so they can evaluate and calculate the full scope of your damages. Your attorney will calculate the cost of your injury based on how it has affected your life. 

Types of Damages Available in Revere Personal Injury Claims

Damages for Revere personal injury claims may include but are not limited to the following triple damages:

Economic Damages

These damages cover the costs of tangible expenses you incur as a result of someone’s negligence. They include:

  • Past and ongoing medical expenses
  • Vehicle damage
  • Lost wages
  • Reduced earning capacity
  • Funeral and burial expenses, etc.

Non-Economic Damages

Non-economic damages are for injuries that did not result in a financial cost but still deserve financial compensation. Examples include:

  • Physical pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life

Punitive Damages

Punitive damages will be available when the act of negligence results from gross misconduct. These damages are designed to punish the negligent party. However, they are not awarded in every case. They are only awarded where their actions were reckless or intentional.

What Evidence Do I Need to Prove My Revere Personal Injury Claim?

Evidence needed to support an injured person’s negligence claim against the reckless conduct of another can take many forms. However, the evidence you need depends on the nature of the accident, the actual injury, and the damages resulting from the accident.

The following evidence can be helpful:

  • Police report from a police officer
  • Medical report
  • Photos and videos of the accident, the injuries, etc
  • Witness statements
  • Victim’s statements
  • Security camera footage of the accident (where necessary)
  • Private investigations report
  • Expert testimony, etc.

It is important that when an accident has occurred due to no fault of yours, you must act quickly to gather and preserve evidence. This can help protect your rights to recover the maximum compensation possible.

Remember that insurance companies are business ventures aiming to make profits. Hence when an accident happens, they may try to deny your claim or pay you less than you deserve. 

Without evidence, you have no case and no right to monetary damages. So get a lawyer to help investigate and gather all evidence to prove the elements of negligence against the responsible party in a district court.

File Your Claim Before the Deadline

If you think you have an accident claim, consult a Revere injury lawyer immediately. In Revere, Massachusetts, victims have a limited period of three years from the date of the accident to file their claim.

If you fail to do so, the State of Massachusetts will bar you from any financial recovery. There are some exceptions to this rule, depending on the nature of the case. 

Remember, the legal system in Massachusetts and the United States can be complicated and strict. To improve your chances of a successful personal injury case while adhering to the deadline, a Revere injury lawyer will:

  • Investigate your accident
  • Hire experts and professionals to reconstruct your accident and testify on your behalf
  • Organize all physical and documentary evidence related to your accident
  • Evaluate the scope of your damages
  • Negotiate with insurance adjusters on the full value of your claim
  • File a lawsuit in the district court when necessary

All this process takes time and resources. So, contact a lawyer immediately and don’t sleep on your legal rights.

Let a Revere Injury Lawyer Help You Prove Negligence Against the Party Responsible for Your Injuries!

When the careless, reckless, or negligent actions of another have hurt you, you deserve to be compensated. This means you should be paid a fair value for your economic and non-economic losses caused by the accident. However, you need to prove liability.

Establishing liability and damages is crucial to the success of a Revere personal injury claim. Without successfully proving these elements with evidence, you have no case. At Michael Kelly Injury Lawyers, we have years of experience fighting for injury victims. Our goal is to get you the maximum compensation you deserve for your injuries and losses. 

Additionally, we will help gather and preserve evidence to build a solid case against the party that hurt you. So reach out to us today for a free consultation with a Revere injury lawyer.

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MEET YOUR LAW GUYMICHAEL D. KELLY, ESQ.

Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.