PERSONAL INJURY

Personal injury (or “tort”) law is based upon the premise that, in many types of human relationships, we owe a duty to act as any reasonable person would act to avoid harming someone else. A driver who runs a stop sign, resulting in a collision between two cars, is responsible for the personal injuries suffered by others as a result of his negligence. A property owner who knowingly fails to take reasonable steps to keep the premises safe may be liable to someone (a tenant, a guest, or a delivery person) who is injured by a defect, whether it is a broken stair, snow and ice, or uncovered lead paint. A professional (such as a doctor, lawyer, or accountant) who fails to adhere to accepted standards of care in his/her field, and who causes physical or financial harm as a result, may be liable for malpractice.

In Massachusetts, a claimant may recover damages even if s/he is partly at fault for an accident; however, this doctrine of “comparative negligence” bars recovery if the claimant’s negligence is equal to or greater than that of the other party. If your car is rear-ended by another car, the odds are good that there is no comparative negligence. In an intersection accident, however, an attorney’s advice is needed to determine the likelihood of success of your claim, and to advocate zealously on your behalf.

If you are involved in an auto accident, do not give a written or tape-recorded statement to a representative from ANY insurance company (either your own or the other driver’s) until you have consulted an attorney.

Ready to talk to a lawyer? Call Steven B. Rosenthal at the Rosenthal Law Firm today.