In Massachusetts, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). The Boston personal injury lawyers of Breakstone, White & Gluck file these types of lawsuits and claims on behalf of injured clients. In most personal injury cases, there are four basic elements that must be proven for the plaintiff to win: The element of negligence, which generally means the failure of a person to use reasonable care. A breach of that duty, such as the failure to use reasonable care. The element of causation, meaning the negligent act or omission must cause some sort of injury. The sustaining of damages, or the losses you suffer because of the negligence of a defendant Some of the key principles of personal injury law are as follows: Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner's insurance, or another general liability insurance policy. Strict liability generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. Liability insurance is often available to compensate victims who suffer personal injury as a result of the strict liability of the responsible party. Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages under some circumstances. Comparative negligence may arise when the actions of the injured person have contributed to his or her own harm. If the plaintiff is comparatively negligent, that will reduce the amount of the award. The negligence is divided between the injured party and the defendant, and the damages are reduced accordingly. Damages are awarded to victims who have suffered personal injuries or wrongful death because of the misconduct of another individual or business. In Massachusetts, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases. Personal injury and wrongful death cases are technical and can be complex. The lawyers at Breakstone, White & Gluck have experience before administrative boards, trial courts and appellate courts, and have prevailed on claims for the most serious personal injuries.