Negligence

Negligence Attorneys in Melrose, MA

Securing Financial Compensation for Victims of Negligence

Massachusetts law is very clear when discussing the issue of negligence. Negligence is the failure to take steps in order to ensure the degree of care that any ordinary person would use in a reasonable and cautious manner. This rule also applies to entities such as businesses or corporations. Negligence can still be applied even if the error was unintentional or was originally performed with good intentions.

Therefore, reasonableness is not simply considered to be an individual standard but an established norm of the entire community. Negligence is the legal concept that is the basis for the majority of personal injury claims. As a society, we demand that businesses and private citizens govern themselves accordingly in their dealings with other individuals.

If you feel that you have suffered injuries due to the careless or negligent actions of another individual or entity and deserve compensation, contact Martino Law Group, LLC. We will be happy to review the unique facts that surround your case and determine how best to move forward with it. Our experienced legal team is ready to support you with a deep understanding of personal injury claims.

What are the Four Elements of Negligence in Massachusetts?

Massachusetts state law stipulates that negligence must consist of four basic elements: duty, breach, causation, and damages. The law also states that the individual who is claiming that a negligent act occurred must prove that each of these four elements was present by using a preponderance of the evidence to make their case.

  • The plaintiff must be able to establish that the defendant owed them a legal duty to exercise reasonable care. A legal duty only exists if there is a reasonable probability that an omission or disregard of established standards could cause obvious harm.
  • The omission or disregard of established standards constitutes a breach when injury or harm results from the deviation from reasonable care.
  • Causation is proven when the plaintiff is able to establish that the negligent act directly caused them to suffer damages. This is crucial when trying to demonstrate negligence.
  • Damages are the financial compensation that is awarded for the plaintiff’s losses and injuries. Financial damages can only be awarded by the court if there is a preponderance of the evidence that proves liability. Damages are typically calculated based on what is reasonable and fair when considering the victim’s injuries and losses. During negotiations and if your claim goes to trial, the defending attorney will commonly attempt to claim that their client did not cause the damages you claim and that your injuries occurred before or after the accident in question.

It is alright if you don’t fully understand the groundwork for proving negligence. Our experienced attorneys can help you understand the facts of your case through thorough investigation.

What is Contributory Negligence in Massachusetts?

Massachusetts law incorporates the principle of contributory negligence, which reduces the amount of damages that a plaintiff may be eligible to receive if they are partially at fault for the accident that led to their injuries.

The rule of contributory negligence does not exclude the plaintiff from being able to recover damages so long as their percentage of responsibility in the accident is not greater than that of the defendant. Consequently, damages are granted to the plaintiff based on their allotment of negligence. In cases where there are multiple defendants, the plaintiff’s irresponsibility is compared to the total combined negligence of all the defendants.

For example, if an award settlement is worth $200,000 and the plaintiff is determined to be 25% responsible for the incident that occurred, they will receive $150,000 in financial compensation.

You may think pursuing legal action isn’t worth it because you are partially responsible for the accident. Our law office is here to show you why that isn’t true. We can help you understand your stake in the claim and help you clear legal obstacles as they present themselves.

What is the Difference Between Ordinary Negligence and Gross Negligence?

Ordinary negligence is considered to be the failure to exercise due care. Conversely, gross negligence is considered to be the act or failure to act in an aggravated or intentional way. This occurs when a reckless and clear violation of a legal duty that society has imposed to ensure the rights of others are upheld is violated.

In addition, when an injury occurs that most likely arose out of a failure to act with due care and ends with a fatality, the charge may also be elevated to that of gross negligence.

Examples of Ordinary Negligence

  • Employees fail to clean a spill in a store, causing you to slip and fall.
  • Being rear-ended by a distracted driver.
  • An improper or missed diagnosis from medical experts.
  • Property owners failing to maintain safe walkways, such as clearing grass clippings, ice, or snow.

Examples of Gross Negligence

  • Medical malpractice because of a surgeon operating while intoxicated.
  • A driver running red lights.
  • A business owner knowingly ignoring safety regulations or hazardous structural damage.

Determining whether your case results from negligence or gross negligence allows us to develop the best legal strategy for your personal injury claim. People often seek higher compensation when their injuries are a result of gross negligence. Our law firm’s commitment to our client’s best interests involves studying the elements of each individual’s case and implementing a strategy that is the most likely to get you the most compensation possible.

What Are the Types of Damages?

Damages come in two categories and describe the actual injuries, property damage, and impact the negligent party has caused you. The two categories are economic damages and non-economic damages.

Economic damages are tangible, verifiable damage. Things like medical expenses, physical therapy, ongoing treatments, property damage, and out-of-pocket expenses are considered economic damages.

Non-economic damages are much harder to verify as they are the emotional and intangible damages you have suffered. Non-economic damages include things like pain and suffering, emotional distress, loss of enjoyment of life, and treatment for things like PTSD.

Most cases involve one or more damages from each category. Certain cases, like wrongful death or catastrophic personal injury, often involve extensive economic and non-economic damages.

While you may understand the immediate impact of the offending party’s negligence, you may not fully understand the long-term ramifications. Martino Law Group, LLC, will work tirelessly to help you understand your claim, seek compensation, and fight for your best interests.

How Can a Negligence Attorney Help You With Your Case?

If you have been injured by the negligence of another individual or entity, you need the skill and experience of an attorney who is not afraid to fight for your legal rights. A negligence lawyer understands the various types of damages that you may be entitled to, depending on the particular circumstances of your case. The most common types of damages that are recovered in a negligence case consist of the following:

  • Medical bills and related expenses
  • Pain and suffering
  • Lost wages and loss of future earnings
  • Mental anguish
  • Property damage
  • Disfigurement
  • Loss of Consortium (relationship)

The attorneys of the Martino Law Group, LLC are not afraid to go up against the insurance companies when they attempt to offer clients settlements for far less than they are actually worth. Our experienced attorneys are familiar with the deceitful tactics that insurers often use in an effort to avoid big payouts. Our law group is passionately committed to recovering the full and fair compensation that you deserve for the injuries that you have suffered due to another person’s negligent actions.

If you feel that you have been harmed due to negligence, you need to speak with a member of our legal team as soon as possible. Massachusetts has a strict statute of limitations that only allows a plaintiff up to three years to file a personal injury claim. Failure to file a claim in a timely manner could result in your lawsuit being thrown out because the allotted amount of time has expired.

Contact the law offices of Martino Law Group, LLC in Melrose, MA, by calling (781) 531-8673 and scheduling a free consultation. Our lawyers will be happy to review your case, listen to your concerns, and determine a solid legal strategy in order to file your claim. Do not trust your future to an inexperienced attorney who lacks the skill and qualifications to recover compensation for your injuries.

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