Newton is widely considered one of the best places to live in Massachusetts, and many Newton residents enjoy the amenities it has to offer, including numerous places to enjoy outdoor activities, excellent public schools and institutions of higher learning, and proximity to Boston. While Newton is a very safe place to live, even people residing in the safest communities unfortunately sometimes suffer injuries in harmful incidents. Most accidents that cause bodily harm are brought about by negligence, and if a party’s reckless behavior causes someone harm, the careless party should be held accountable. If you were hurt in an accident in Newton, you should consult a Newton personal injury attorney to discuss your potential claims. The skilled lawyers of Reservitz Injury Attorneys are proficient at helping people harmed by the negligence of others fight to protect their interests, and if you engage our services, we will work tirelessly to help you pursue the best result available under the facts of your case.Common Causes of Personal Injuries in Newton
Personal injuries can occur due to a variety of scenarios, but some happen in Newton with more regularity than others. For example, a high number of car crashes occur in Newton each year, especially on dangerous roads like the Massachusetts Turnpike and Newton Corner, and car accidents are one of the leading causes of harm in Newton. Slip and fall incidents cause many personal injuries in Newton as well. While people visiting Newton’s many stores and restaurants rarely anticipate encountering dangerous situations, many business owners fail to maintain their properties in safe conditions. As such, visitors frequently fall due to liquid or debris on the floor of an establishment or snow and ice that has accumulated on a parking lot.Elements of a Newton Personal Injury Lawsuit
Although a number of circumstances can bring about incidents that cause bodily harm, the root cause of most accidents is a lack of care. As such, in most lawsuits seeking compensation for personal injuries that occurred in Newton, the plaintiff will assert a negligence claim against the defendant.
Under Massachusetts law, negligence is comprised of four elements, and a plaintiff must prove each element to recover damages. First, the plaintiff has to establish that the defendant owed them a duty of care. The duty may arise out of a statute, but in many instances, the obligation owed is to act as a reasonable person would in the same situation. The plaintiff then must demonstrate that the defendant’s actions or failure to act constitute a breach of the duty. The final two elements, causation, and damages are connected in that the plaintiff has to prove that the defendant’s breach proximately caused the plaintiff’s harm. In other words, that the accident that caused the plaintiff’s injuries would not have occurred but for the defendant’s behavior. While the defendant’s breach does not have to be the sole cause of the harmful incident, it must be a substantial factor in bringing it about.
In some cases, the defendant may attempt to avoid liability by arguing that it was the plaintiff’s negligence, and not their own, that brought about the plaintiff’s harm. Under Massachusetts law, however, a plaintiff is only barred from recovering damages if their fault exceeds that of the defendant. Otherwise, any negligence attributed to the plaintiff will merely reduce the damages awarded.Speak to an Experienced Newton Attorney Today
Newton is a thriving suburb that offers many benefits to its residents and visitors, but it cannot prevent situations that create the potential for harmful incidents. If you were hurt in an accident caused by someone else’s carelessness, you might be owed damages, and you should speak to an attorney as soon as possible. The experienced Newton lawyers of Reservitz Injury Attorneys can advise you of your rights and aid you in seeking the maximum compensation available under the law from the parties responsible for your losses. We have an office in Newton, where we regularly represent people in personal injury lawsuits. We have offices in Brockton and Boston as well. You can contact us to schedule a confidential and free meeting by using our online form or calling (508) 588-5010.