Whether it is a car accident, slip and fall, or even a wrongful death claim, the majority of personal injury legal suits are based on the theory of negligence. Negligence is the failure to exercise the degree of care that an ordinary, reasonable, prudent individual would have exercised under the circumstances. Under Massachusetts law, negligence consists of four elements:
- A duty;
- A breach of that duty;
- Damage to the plaintiff; and
- A causal relationship between the breach of duty by the defendant and the damage claimed by you.
Negligence can manifest itself in many different situations. The following are common examples of negligence:
- A driver who runs a stop sign causing an accident which results in an injury to another;
- A store owner who fails to put up a “caution wet floor” sign after mopping up a spill;
- A property owner who fails to replace rotten steps on a wooden porch that collapses and injures guests;
- A caregiver in a hospital who isn’t paying attention and who gives someone a deadly dose of a medication;
- A doctor who prescribes addictive drugs to a known drug addict because the doctor gets paid for his or her services;
- A company that releases a dangerous drug without fully testing the medication and identifying all of the side effects can be considered negligent;
- A person who owns a dog that he knows is dangerous and who takes the dog to the park where the dog bites a small child;
- An employer who fails to follow OSHA guidelines and other workplace safety rules can be considered negligent (although not necessarily subject to a lawsuit because of workers’ compensation rules);
- A doctor who operates on the wrong patient or on the wrong body part because he or she misreads the chart.
If you are hurt as a result of another’s negligence, the experienced personal injury attorneys at Advocates Legal Group, LLP can help you determine the value of your claim and can bring the appropriate action for recovery. We will help you prepare your case in a way that demonstrates the other side is responsible for your injuries and other losses. We can also help you understand the strengths and weaknesses of your case and build a strategy to ensure the most successful outcome possible. Although recovery can be stressful, you do not need to go at it alone. We will be on your side every step of the way to advise you of your rights, options, and navigate through you through the process. Call us now at (508) 796-5737, or email us at info@advocateslegalgroup.com, for a free case evaluation.
