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Whose Fault Is It?

Paying for damages sustained in an accident is the responsibility of the person or entity that caused the accident. Injuries can be noticeable, such as burns, scrapes, broken bones and bruises, but the cause of an injury may be less clear. It is vital to determine who is at fault for an accident to obtain compensation. A successful personal injury cases requires a legal team with experience examining fault. Our lawyers are qualified to check the entire accident scene in conjunction with the facts to accurately determine liability.

Liability for damages caused in an accident depends on identifying the party who is the proximate cause of injury. While many factors are at play, the essential elements include:

  • The responsible party: Drivers, healthcare providers and product manufacturers are all examples of people and entities that are charged with a duty of not doing harm. As an operator of a motor vehicle, you owe a duty to drive safely and are owed that same duty from other motorists. Likewise, those in the medical field are under a duty to provide care in a safe manner, and companies are required to produce a final product that is not defective or unreasonably dangerous.
  • The result: When the duty of care is not met and an injury results, the person or company breaching the standard of care is liable for damages.

Essentially, if the injury would not have happened if the required level of care were met, then the person or entity not meeting that level of care is at fault. The proper course of action in this instance is to seek compensation for damages from the faulty party. The amount of damages sought depends on the type of accident and injury, but it should be in an amount to put you in the position you were in prior to the accident. This is referred to as being made whole, and it is the level of damages sought in personal injury cases. We have years of experience helping hurt people seek full and adequate reimbursement for injuries.

If you have been in an accident, contact a competent personal injury attorney in Boston for help. We are skilled at examining the facts of your case and identifying the cause of injury. Call today to schedule a free initial consultation.

Blog post for Swartz & Lynch, LLP


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