How is negligence determined in personal injury cases?
How is negligence determined in personal injury cases? Does negligence have to be established in order to collect damages in any personal injury case?
AyerHoffman, LLP
| David C. Ayer
Woburn, MA
Woburn, MA
Negligence must be established in any case in which the proximate cause of the injury is alleged to be the defendant's negligent act. Negligence is not a factor in suits for intentional acts (assault, battery, trespass, conversion). Negligence is determined by a breach of whatever standard of care is applicable to a person in a particular situation. Depending on the negligence alleged, establishing what the applicable standard of care is can be a battle in itself.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joel H. Schwartz, P.C.
This is a complicated question to answer, as every case is unique. In a nutshell, one must review the facts in their entirety to determine fault. Massachusetts is a comparative negligence state, which means one must show that the defendant is more than 50% at fault for an accident. This means you can be partly responsible, but still be compensated for your damages. The percentage of responsibility that lies on you would be deducted from a typical settlement offer or judgment. If you are more than 50% at fault (even 51%), then you collect nothing. As a result, negligence does need to be established before you can collect any damages. It doesn't matter how severe the injury is - if the defendant is not responsible, then you don't collect.
Answer Applies to: Massachusetts
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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