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What do we have to Prove if Negligence is Obvious in a Personal Injury case?

When filing a litigation for a personal injury case, the action is brought in tort. I am not talking about bringing an insurance claim for an injury. Rather, I am talking about filing a litigation, which ordinarily occurs when the negotiation of a personal injury insurance claim fails. It may also occur when the legal issues and/or injuries are too complex to negotiate with respective insurance adjusters and in that case the filing of litigation may be required to preserve legal rights of the party with the injury and damages.

In order to file litigation the plaintiff or plaintiff's personal injury attorney will need to draft and file a complaint. Within the four corners of that complaint, there must be an alleged prima facie case of negligence. Failure to do so may be grounds for dismissal of the action. However, there is one particular instance in which pleading the prima facie case is not essential. We are speaking, of course, to instances in which the doctine of res ipsa loquitor applies.

Res ipsa loquitor Is a Latin phrase meaning "the thing speaks for itself." Its use in very limited circumstances and only where the likelihood of the defendant having been negligent is the high. There are universal requirements in American law when applying this doctrine. That is, that the instruments causing personal injury at issue in the negligence case must have been completely within the control of the defendant at all relevant times.

The law school case most commonly referred to in teaching this lesson is one in which a pedestrian was walking down a sidewalk in front of a hotel. A chair was thrown out of the hotel window and landed on the pedestrian as the pedestrian walked by. The doctrine of res ipsa loquitur applied because the chair and windows were all within the control of the hotel, meeting the initial threshold to bring the action.

It is an objective standard as to whether this doctrine would apply. That is, it must be objectively clear that there was likely negligence which occurred on behalf of the defendant. It is simply human nature to feel that negligence is occurred when you don't fully understand the law and you or a loved one is the victim of the incident. This is largely due to the victim feeling here she has been wronged in the situation and is entitled to some sort of recovery. All the more reason to consult an experienced Boston personal injury lawyer to assess your case objectively. Remember, that if you live outside of Boston, we handle cases across the state and will come to you as needed. For example, if you live in Saugus, consider us a Saugus personal injury lawyer. Perhaps this doctrine applies, but perhaps it does not. There been numerous instances in which cases it been dismissed for the attorney failing to properly plead the case and erroneously relying upon this doctrine. Have your case assessed properly.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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