Accidents happen, but when they’re caused by someone else’s carelessness, you may be entitled to compensation. If you’re injured and wonder whether you might have a personal injury claim, understanding the legal basics of negligence can help.
At Faneuf Law Group, we help victims across Massachusetts fight for the compensation they deserve. Here is a simple breakdown of what makes an incident legally actionable.
What is Negligence?
Negligence is the foundation of most personal injury cases. Legally, negligence is when someone fails to act with reasonable care, resulting in harm to another person. Four key elements determine negligence.
Duty of Care: If the other party has a legal obligation to avoid causing the victim harm, they could qualify as negligent. For example, drivers must operate their vehicles safely and follow traffic laws to protect others.
Breach of Duty: A person who breaches their duty of care is in breach of duty. A reckless driver running a red light would be in breach of duty.
Causation: A person’s breach must directly cause your injury to qualify as negligence.
Damages: The injured party must prove that they suffered physical, emotional, or financial damages from the injury--including lost wages or pain and suffering.
Without these four elements, you likely do not have a valid personal injury claim. Take, for example, a rear-end car crash. The driver behind you must keep a safe distance and pay attention to the road. If they were speeding, distracted, or failed to brake in time, they have breached their duty. If this breach causes an accident in which you suffer injuries or your vehicle is damaged, you have a strong negligence case.
Other potential personal injury claims include:
Slip and fall accidents caused by unsafe property conditions.
Medical malpractice, when a healthcare worker fails to follow proper standards.
Dog bites or animal attacks where the owner failed to control the pet.
Workplace accidents involving third-party negligence.
What to Do Next
If you’re unsure whether your situation qualifies for a personal injury claim, talk to an experienced personal injury attorney. At Faneuf Law Group, we offer free consultations to help you understand your legal options. Our team reviews facts, assesses your case, and guides you through your next steps.
Contact Faneuf Law Group today! Not every injury is grounds for a lawsuit, but when someone else’s negligence causes you harm, you deserve justice. Let us get you the compensation you deserve. Schedule your free consultation now.