Who Is Liable in a Boston Personal Injury Case?

When you have injuries and financial losses piling up because of the reckless behavior of another person or the mistakes of a company, you have every right to pursue fair recovery of those losses. The first step is to determine who is at fault.

To determine who is liable in a Boston personal injury case, you need to understand all factors contributing to the accident and then ensure you can meet the requirements of negligence. Be sure to consult a Boston personal injury attorney about your rights.

Proving Negligence in a Personal Injury Case

One of your first steps is to prove the other party is negligent. That means you must have evidence that demonstrates the following:

• Duty of care: The other party owed you a duty of care, such as by following the law or keeping the property hazard-free.
• Breach of that duty of care: In some way, the other party breached that duty of care. They did or did not do something to keep you safe.
• Causation: Their breach of that responsibility is what directly led to your accident. There must be a clear tie to the cause of the accident resulting from that breach of duty.
• Losses: You must have financial and physical injuries resulting from the accident.

When you work with a Boston personal injury attorney, their first objective is to gather all evidence to build your claim and clarify what your rights are. Who is at fault is not always just one person, and in some cases, it can be numerous parties.

Types of Accidents and Potential Fault

The cause of a personal injury accident is a very important factor in determining fault. Take a look at some examples of who is at fault in these cases.

• Drivers who are driving distracted. If a driver is using a phone or eating while driving, their focus is not on the road. They could be responsible for causing an accident.
• Medical malpractice. In these cases, a doctor, hospital, nurse, or other licensed professional may be at fault if you can show they acted outside of the expected level of care, resulting in your accident and injuries.
• Product liability cases. In a case like a product failing and causing injury, a car part that causes an accident, or medication causing serious side effects, the manufacturer or distributor may be at fault. In some cases, it may be the party selling the product.
• Workplace injuries. In accidents involving injuries at work, it may be that your employer is responsible for your medical bills and lost wages. However, in situations where a third party at the jobsite or the property owner is responsible as well.
• Premises liability: In situations where an owner fails to make sure their property is hazard-free, the owner may be responsible for injuries you sustain.

These are some of the most common examples of personal injury liability, but they are far from all of the risks you face. As a victim in these types of accidents, it is very important for you to explore every avenue for fault. Doing so increases your ability to recover additional losses.

Keep in mind that, in the Commonwealth of Massachusetts, the statute of limitations for most personal injury cases is three years, giving you ample time to take action.

To protect yourself and make sure you seek compensation against all parties responsible, set up a free consultation with a Boston personal injury attorney.