Understanding the basics of personal injury law

If you have been injured due to the recklessness or careless actions of another person, you may be entitled to compensation for lost wages, pain and suffering, medical bills and other related expenses. Cases such as this fall under the broad umbrella known as personal injury law.

Your injury can come about as a result of a car accident, a slip and fall, poorly lit conditions, or any number of ways that can result in everything from scrapes and broken bones, to more serious injuries requiring long-term medical care.

To prove you are entitled to damages in a personal injury case, you and your attorney must show that the other party was negligent in their actions. There are four parts to proving negligence:

  1. It must be proven that the defendant had an obligation to provide a reasonable level of care. For example, if they are driving, they must obey the speed limit and not drive drunk.
  2. It must be proved that the defendant breached their duty of care. Driving drunk, or failing to keep a common area free from tripping hazards when they are known to exist are common examples of a breach of care.
  3. It must be proved that the defendant’s actions or failure to act, was a direct cause of the conditions that led to the injury. Speeding on a freeway that a plaintiff is also on, with witnesses that can attest to the illegal driving, provide such proof.
  4. It must be shown that the resulting injuries did cause some sort of damages to the plaintiff. This usually takes the form of medical costs, lost wages, and pain and suffering damages.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

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