When filing a personal injury claim in Massachusetts, whether due to a motor vehicle accident or a slip-and-fall incident, you may encounter the legal defense known as "assumption of risk." This doctrine can significantly influence the outcome of your case, as it is often employed by defendants to mitigate or deny responsibility for the injuries sustained. Peck Trial Attorneys, led by the experienced John Peck, can help you understand how assumption of risk might affect your claim and ensure your rights are protected.
At Peck Trial Attorneys, we recognize the severe impact personal injury accidents can have, often leaving victims with significant injuries and losses. With decades of collective experience in personal injury law and a track record of recovering millions for our clients, our team is prepared to counteract any assumption of risk defenses and build a strong case on your behalf. For a free case review, contact us today at 857-557-7325 or visit our office at 77 Franklin Street, Fourth Floor, Boston, MA 02110.
What Does Assumption of Risk Mean in a Personal Injury Case?
Assumption of risk is a legal concept suggesting that an individual has acknowledged and accepted the potential for injury, thereby absolving or reducing the liability of the defense. This concept might suggest that you bear partial or full responsibility for your own injuries. However, it's important to note that the presence of assumed risk does not eliminate the duty of care owed by others.
Even in activities where some risk is inherent, such as driving or riding a motorcycle, the law still recognizes the duty of care owed by individuals and entities. If the responsible party was negligent and breached their duty of care, leading to your injuries, Peck Trial Attorneys can gather the necessary evidence to hold them accountable and ensure your rights are fully represented.
Proving Liability Against Assumed Risk in Personal Injury Cases
Facing an assumption of risk argument in your personal injury case makes proving liability crucial. Peck Trial Attorneys will conduct a thorough investigation to identify all liable parties and demonstrate their responsibility through the four key elements of negligence:
- Duty of Care: Establishing that the at-fault party had a duty to act with reasonable care towards you.
- Breach of Duty: Showing that the at-fault party failed to fulfill their duty of care.
- Causation: Linking the breach of duty directly to the accident and your injuries.
- Damages: Demonstrating that you suffered losses as a result of the accident.
Contact Peck Trial Attorneys for Help with Your Personal Injury Claim
The aftermath of a personal injury can be overwhelming, but you don't have to face it alone. John Peck and the team at Peck Trial Attorneys are committed to providing robust legal support and representation. Recognized for our dedication to our clients, we ensure that each case is handled with the utmost care and professionalism.
For a complimentary consultation of your personal injury claim, reach out to Peck Trial Attorneys. We are here to guide you through each step of your legal journey, helping you navigate complex legal challenges and achieve the justice and compensation you deserve. Call us at 857-557-7325 or visit our Boston office to get started.
