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Understanding Liability in Personal Injury Cases in Massachusetts
Understanding who is liable in a personal injury case in Massachusetts is crucial for securing compensation. Whether it’s a car accident, slip-and-fall, or workplace injury, proving liability can often be complex. For these reasons, consulting a personal injury lawyer in Hyannis, MA, is of utmost importance. This initial step sets the tone for navigating the legal process effectively and protecting your rights.
What is liability in personal injury cases?
Liability refers to one party’s legal responsibility for causing injury or damage to another. In a personal injury case, determining liability is essential for deciding who is financially responsible for the victim’s damages, including medical bills, lost wages, and other related expenses.
In Massachusetts, liability is typically determined by negligence, meaning that the at-fault party failed to exercise reasonable care, resulting in injury. For example, in a car accident, the liable party could be a driver texting and violating their duty of care on the road.
The Importance of Proving Negligence
To secure compensation, your personal injury lawyer, Hyannis MA, will need to prove four key elements of negligence:
- Duty of Care: The defendant had a legal obligation to act reasonably.
- Breach of Duty: The defendant failed to meet this obligation.
- Causation: This breach directly caused your injury.
- Damages: You suffered measurable losses (medical expenses, lost wages, etc.).
Proving negligence can be challenging, so working with an experienced Hyannis personal injury lawyer is crucial. Your attorney will gather evidence, interview witnesses, and consult experts to build a strong case in your favor.
Shared Liability and Comparative Negligence
In some cases, both parties may share some responsibility for the accident. Massachusetts follows a “comparative negligence” rule, meaning you can still recover compensation even if you were partially at fault—as long as you’re not more than 50% responsible.
For example, if you were 20% at fault in a car accident, your compensation would be reduced by 20%. Your personal injury lawyer, Hyannis, will work to minimize your percentage of fault and maximize your compensation.
Filing a Claim Within the Statute of Limitations
Massachusetts law gives you a limited time to file a personal injury claim—typically three years from the accident date. Failing to meet this deadline could result in losing your right to compensation. An experienced lawyer will ensure that your claim is filed promptly.
Seek Legal Help from a Personal Injury Lawyer
Navigating a personal injury case can be overwhelming, but a skilled personal injury lawyer, Hyannis, can help you understand your rights and ensure you’re compensated fairly. If you’ve been injured, contact The Law Offices of John C. Manoog III today for expert guidance from attorneys who protect your best interests. Contact us today to schedule your consultation!