Each day, people in Massachusetts sustain injuries in accidents that were not their fault, whether these are car crashes, slip and falls, motorcycle or bicycle crashes, incidents involving defective products, or accidents in other situations. If you or someone in your family has been injured by someone else’s careless actions or failure to take precautions, you may be entitled to compensation for your harm. Plymouth County personal injury lawyer Michael S. Mehrmann knows what you are going through and can help you resolve your claim. Based in Kingston, he is committed to helping victims advance their rights at every step of the way.Pursuing a Personal Injury Claim for Compensation
If you have been injured in an accident that was not your fault, you can typically recover compensation through a negligence claim. This legal principle applies when an injury or death is a result of a person or business failing to use reasonable care, as would be expected of them under the circumstances. Reasonable care is defined as how a prudent or sensible person or entity would act under the same or similar circumstances. In order to establish negligence, the plaintiff must prove that:
The defendant owed the plaintiff a duty to use a certain degree of care;
The defendant breached this duty of care by taking an inappropriate action or by failing to take an action that would have been appropriate in the situation; and
The accident and the plaintiff’s resulting injuries were a direct and proximate result of the defendant’s breach.
Massachusetts follows a modified comparative negligence rule. Under this rule, plaintiffs can only recover damages if their share of fault in an accident was less than 51 percent. In other words, if a plaintiff is deemed to be 51 percent or more at fault for an accident, they are barred from recovering any damages at all (with limited exceptions). In cases in which the plaintiff is less than 51 percent at fault, their damages will be reduced by their degree of blame. For example, if a plaintiff is awarded $300,000 but determined to be 20 percent at fault for a slip and fall, the damages award would be reduced by that percentage, and the plaintiff would ultimately receive a net damages award of $240,000. This is an important reason why consulting a personal injury attorney in Plymouth County at the outset of your case can make a huge difference to the damages that you receive. An attorney may be able to persuade a judge or jury that you were less at fault than it initially appears.
If negligence is established in a case, the plaintiff may be able to recover both economic and non-economic damages. The exact amount of compensation that a plaintiff will be able to recover will depend on the specific nature of their harm and the types of costs that arose from it. Generally, a plaintiff will be able to obtain compensation for medical expenses, lost income, rehabilitation costs, pain and suffering, disability, property damage, and other losses arising out of the accident.
The burden of proof in negligence cases generally remains on the plaintiff. Their Plymouth County personal injury attorney must establish negligence by a preponderance of the evidence. Under this standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will win. Put another way, the plaintiff’s lawyer must prove that the plaintiff’s version of events is more likely true than the defendant’s version.Contact a Skilled Personal Injury Lawyer in Plymouth County
Each personal injury case is unique, but the reality is that some of these cases involve serious injuries and even death. If you or someone whom you love has been hurt in an accident caused by someone else’s negligence, Michael S. Mehrmann can help. With many years of experience, he understands the nuances of Massachusetts personal injury law and can apply his knowledge to your case. Attorney Michael S. Mehrmann represents victims in Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury, among other communities. To discuss your case in more detail, call (781) 585-3911 or contact us online. We also can assist people who need a workers’ compensation lawyer or guidance regarding Social Security Disability benefits.