caused by another person, or a product or a business.
. The injury can be a physical
. Often, people who have had physical
law, which is also known as the law of torts, provides that the person who has been injured can recover his or her damages from the responsible party or parties. The damages that will be awarded are monetary.
law helps victims with their recovery and compensates for pain and suffering.
or other animal attacks. Many other types of cases are listed on our
The Elements of Proof in a Personal Injury Case
In most personal injury
cases, there are three basic elements that must be proven in order for the plaintiff (the injured person) to win. The first element is negligence, which generally means the failure of a person to use reasonable care. Negligence
involves first a legal duty that one person has to another, such as the duty to not be careless. The second part is a breach of that duty, such as the failure to use reasonable care. An example: You have a duty to stop at a stop sign, and if you fail to do so, you have breached that duty.
The next element is causation. The negligent act or omission must actually cause some sort of injury. Negligence by itself does not lead to damages. Whether the negligent act caused an injury is often hotly contested. For example, in many malpractice cases, the physician will argue that even if there was a negligent act, it did not actually cause harm.
The third element is damages. Damages are what the injured person has suffered as a result of the negligence of a defendant. Damages can be compensated by settlement or by a jury award.
Compensation in personal injury
• Medical, hospital, and rehabilitation expenses
• Lost earnings
• Physical pain and suffering
• Damage to family relationships (loss of affection)
• Physical scarring or disfigurement
• Impairment of bodily functions
• Wrongful death damages
• Emotional and psychological injuries
• Punitive damages (only in wrongful death cases)Boston, Massachusetts Personal Injury Attorneys
The attorneys at Breakstone, White & Gluck of Boston have over 100 years combined experience proving personal injury
, product liability
, and wrongful death
cases. The basic elements of proof in every case include identifying the responsible parties, gathering the relevant factual information, finding qualified experts, developing all aspects of the damages portion of the case, and proving, through a lawsuit if necessary, that the injuries
were the result of the other party’s negligence or gross negligence. We understand what your rights are, and we have the experience to prove your case.
If you have a personal injury
case, it is very important that you contact a qualified Boston attorney as soon as possible. You may need to preserve your rights under certain notice statutes, and Massachusetts statutes of limitations are very strict. Also, acting on your case promptly allows for prompt investigation and preservation of evidence. Read More About Personal Injury Law in MassachusettsPersonal Injury Practice AreasOther LinksMore FAQsPractice Area VideosOur Attorneys