In personal injury cases in Boston, MA, fault is determined based on the principle of negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. To establish fault in a personal injury case, the injured party (plaintiff) must prove the following elements:
Duty of Care: The defendant (the party being sued) owed a duty of care to the plaintiff. This duty varies depending on the circumstances. For example, drivers have a duty to operate their vehicles safely and follow traffic laws.
Breach of Duty: The defendant breached their duty of care by acting or failing to act in a way that a reasonable person would not have done in similar circumstances. For instance, if a property owner fails to fix a known hazard on their premises, they may be considered to have breached their duty of care.
Causation: The plaintiff must establish that the defendant's breach of duty was the direct cause of their injuries. This requires showing that the injuries would not have occurred without the defendant's actions or negligence.
Damages: The plaintiff must have suffered actual damages, such as physical injuries, emotional distress, medical expenses, or lost wages, as a result of the defendant's negligence.
In Boston, MA, fault is determined using the legal standard of comparative negligence. This means that even if the plaintiff is partially at fault for the accident, they can still recover damages. However, their compensation may be reduced based on their percentage of fault.
For example, if a pedestrian is hit by a car while crossing the street, the court may find that the pedestrian was 20% at fault for not using a designated crosswalk, while the driver was 80% at fault for speeding. If the total damages awarded were $100,000, the pedestrian would be entitled to receive $80,000 (80% of the damages).
It's important to note that fault determination can be complex and requires a thorough examination of the evidence and legal arguments presented. Consulting with an experienced personal injury attorney in Boston, MA, is crucial to navigate the legal process and protect your rights.
References:
Boston Bar Association. (n.d.). Personal Injury Law in Massachusetts: A Primer. Retrieved from https://www.bostonbar.org/docs/default-document-library/personal-injury-law-in-massachusetts-a-primer.pdf
Massachusetts General Laws. (n.d.). Chapter 231: Section 85. Comparative negligence; special verdicts; determination of damages; liability of parties to civil actions. Retrieved from https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85