Nobody should ever have to worry about being harmed due to the careless or negligent actions of another person. However, when this does happen, injury victims should be able to secure compensation from the at-fault party. At Colucci, Colucci & Marcus, P.C., our Boston personal injury lawyers want to discuss the most critical elements needed for these cases to be successful.
Proof Of Liability
Personal injury cases are going to revolve around whether or not the at-fault party (the defendant) owed a duty of care to the injured party (the plaintiff). The duty of care could look different depending on what the situation is. For example, drivers have a duty to operate their vehicles responsibly in order to keep others on the roadway safe. Product manufacturers have a duty to ensure that each product they release is safe for consumers.
Proof Of Injury
There must be proof that the plaintiff’s injuries were directly linked to the defendant’s negligent or careless actions. In most cases, this is relatively straightforward. However, the cause of the plaintiff’s injuries could be called into question, particularly if they had a pre-existing condition. A Boston personal injury lawyer will help document your injury with photos and with assistance from medical experts who can testify as to what caused your injury.
The more severe a plaintiff’s injuries are, the more likely they will be to recover compensation high enough to justify filing a personal injury claim. For example, if a plaintiff has high medical bills, if the injury has caused significant lost wages or lost earning potential, or if the injury resulted in permanent disabilities, the plaintiff is more likely to secure significant compensation.
Viable Liable Party
A personal injury victim and their attorney will need to look at the viability of the alleged at-fault party to determine whether they have the ability to pay compensation that may be secured through a lawsuit. In most cases, insurance will cover the bulk of a settlement. However, there are times when defendants have assets that can be liquidated or wages that can be garnished in order to recover the full compensation amount awarded by the court. However, a defendant with no insurance, no assets, and no income could escape significant financial responsibility for their actions.
We Are Ready To Get To Work On Your Behalf Today
If you or somebody you love has been injured due to the careless or negligent actions of another person, you may be entitled to significant compensation. At Colucci, Colucci & Marcus, P.C., we are dedicated to helping injured clients recover the compensation they are entitled to. This could include:
- All injury-related medical expenses
- Lost wages and benefits if they cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Punitive damages in cases of gross negligence or malicious actions