Attorneys Reis & O’Keefe use their litigation skills to help people in difficult situations including those who have been injured as a result of another’s negligence. We represent clients injured in accidents in New Hampshire, Massachusetts, and Florida. These include car accidents, slip and fall accidents, products liability accidents, medical malpractice accidents, and others.
Our attorneys know that you would not be seeking recovery without a traumatic event and that you did not asked to be placed in this position. We empathize with our clients and their families and will advocate for you to be made whole through negotiation or trial.
In order to recover compensation due to your accident, you will have to show that the person who caused your accident was negligent. The law measures negligence using “the reasonable person standard.” That is, the law looks at the actions of the person who may have been negligent and asks if the person behaved the way a “reasonable person” would or should behave. This is also referred to as the objective person standard. If the person who caused your accident did not behave in a reasonable way, the plaintiff (injured party) prevails if they prove by a preponderance of the evidence (more likely than not) that the other party was negligent.
When you are injured in an accident caused by somebody else’s negligence, you will have to prove four things in order to receive compensation from your case: duty, breach, causation, and damages. “Duty” means that the person that caused your injuries owed you a duty. They had a responsibility to keep you safe or at least to prevent harm to you. Breach means that they violated this duty.
Causation means that the other person’s breach of their duty caused you injury. That is, if the other person had a duty to you and breached that duty, but their breach did not cause your injuries – then you will have no damages related to the accident. Attorneys Reis and O’Keefe must always prove that your injuries resulted from the accident and the actions of the other party. This can be a challenge in the case of an injured person who had pre-existing injuries. For example, if you had an injury or sickness, got into an accident caused by somebody else, and that accident aggravated or exacerbated your injuries – the law says that you are entitled to compensation for that aggravation or exacerbation. The challenge in this situation will be to show that your current symptoms are related to the accident and aggravation, rather than being related simply to the pre-existing condition.
Finally, in order to prevail in your personal injury case, you will need to prove that you had damages caused by the accident. That is, you won’t be able to recover money in a case against somebody simply because they were negligent. You need to have incurred damages or consequence of their actions in order to recover money in a personal injury case against them.
If you successfully prove duty, breach, causation and damages, then you will likely be able to recover compensation for your injuries. In a personal injury case, you can typically recover compensation for three things: your medical bills, your lost wages, and pain and suffering. Firstly, if you are injured due to the negligence of somebody else, you should recover compensation for your medical bills. You can also recover for future medical expenses which are obviously more difficult to calculate than past expenses you have already incurred.
Similarly, lost wages are far easier to calculate than future lost wages from being unable to perform work. These are also referred to as expected future earnings.
Pain and suffering is the most difficult form of damages to quantify. You can recover for both physical pain and suffering as well as mental anguish from another’s negligence.
Contact Attorneys Reis and O’Keefe for a free consultation about your personal injury case. When you or a loved one has been injured in an accident, you deserve to be heard — and to get an honest opinion of whether a lawsuit is in your best interests.