Proving Negligence in a Boston Personal Injury Lawsuit 

For your civil claim to be successful, we must be able to prove the elements of negligence have been met. More than that, we need to meet the burden of proof for the jury to find the defendant liable for your damages.

Your proven Boston personal injury lawyer with The Cashman Law Firm understands Massachusetts injury laws and how to maximize the compensation our clients recover. Here is more about what the elements of negligence are and how we can help ensure the burden of proof is met so the jury returns a verdict in your favor.

The Elements of Negligence

Proving negligence in a Boston personal injury claim can be complex. Multiple parties could share liability for the injuries you suffered. When you are dealing with insurance and filing personal injury claims simultaneously, the process can be that much more complex. However, the elements of negligence must be met as described under Instruction 3180 Negligence for your case to be successful:

Duty of Care

Duty of care describes the responsibility the defendant has to your safety. We must be able to show that the person accused of causing your injuries had an obligation to keep you safe or out of harm’s way.

Breach of Duty

Breach of duty describes the defendant’s actions when they failed to protect you. For example, if you were involved in a car accident, and the driver who hit you was texting and driving, distracted driving would be considered a breach of the duty of care.

Causation

Causation refers to the defendant’s breach of duty causing the injuries you suffered. The defendant must directly or indirectly be responsible for causing your accident or the injuries you sustained.

Damages

You must have suffered considerable damages to recover compensation for your losses. These damages do not necessarily need to be economic, as you have the right to recover non-economic damages as well. But we must be able to prove that your life has been profoundly affected by the accident or your injuries.

The Burden of Proof in Personal Injury Claims

The burden of proof is based on a preponderance of the evidence according to General Law – Part III, Title IV, Chapter 258C, Section 5(2). This means the evidence presented should clearly demonstrate that the defendant is more than likely at fault for causing your injuries.

Essentially, we must be able to show that any other reasonable person would look at the evidence presented and see that the defendant is to blame. For example, if you were involved in a car accident, if our Boston car accident lawyers had video footage that clearly showed the defendant running a red light before they T-boned you, this may be enough to meet the burden of proof.

Speak With a Premier Boston Personal Injury Attorney for Help Today

The burden of proof and the elements of negligence must be proven if the jury is going to find the defendant liable for your damages. No matter what type of accident you were involved in, we need powerful supporting evidence that clearly and convincingly demonstrates the defendant’s liability. Witness testimony, reports from experts, and even video of the incident itself can go a long way in helping to establish the defendant’s blame.

Learn more about what your next steps should be when you contact a knowledgeable Boston catastrophic injury lawyer from The Cashman Law Firm. Fill out our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.