Negligence – The Necessary Ingredient In a Personal Injury Case

Injuries at the heart of any personal injury case are almost always unintentional. Because of this, placing responsibility on a party for causing an accident can be tricky. For this reason, personal injury legal experts seek to find negligence by one or more parties in auto accidents, work injuries, pedestrian, bicycle and slip & fall accidents.

Slip and Fall victim on ice

Determining Negligence…


In order for a personal injury victim to have grounds to file a lawsuit, the victim must be able to demonstrate that the defendant had a duty to exercise some form of care to the plaintiff.

Breach of Duty

Next, the victim and his or her personal injury lawyer must show that this duty has been breached.


The third step in determining that a defendant has indeed been negligent in a way that affected the plaintiff is to demonstrate that the defendant’s breach of duty resulted in the damages sustained by the plaintiff.


A plaintiff and his or her legal counsel must prove that the injury he or she sustained as a result of the defendant’s negligence has negatively impacted his or her personal affairs.

In most cases, the defendant is not meaning to cause harm to the plaintiff. However, because the defendant has neglected the plaintiff’s safety, he is to blame for the injuries that were incurred.

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If you are the victim of an accident caused by another person’s negligence – We can help you.  Don’t let insurance companies make important decisions for you and your family. As an accident victim you must protect your rights!

For a free consultation on any personal injury matter, call Bodkin & Mason, LLP today at (508) 459-6253.  Bodkin & Mason – Dedicated to serving accident victims throughout Massachusetts.