Almost everyone has heard before the term personal injury. Personal injury is any type of physical, mental, or emotional harm suffered as a result of an accident caused by negligence. A settlement is an agreement to pay financial compensation in order to close out a case. Not all personal injury cases result in settlements. In order for there to be a settlement, you need two things: liability and damages. Without both of these elements present, a settlement is an impossibility.

Liability is a legal term for fault. For example, if you negligently rear-end another motor vehicle, you would be considered liable or at fault for causing the accident. Similarly, if you go to a supermarket and have a slip and fall accident, and it is shown that the store owner failed to clean the substance that caused you to fall, then the store owner could be considered liable for causing your accident. No personal injury claim will ever be successful unless liability can be proven.

The other necessary element for a personal injury settlement are damages. Damages are those harms that were suffered caused in the accident. Damages can mean medical bills that were sustained, lost wages that were incurred, and any and all other demonstrable financial losses suffered due to the accident. Generally, the higher the damages, the higher the settlement is as a general rule. Therefore, what all of this means is that no matter how negligent or liable or at fault a person or company is for causing an accident, they will not be held liable or responsible unless damages can be shown. Conversely, no matter how serious or significant are the damages suffered in the accident, if liability cannot be demonstrated, there will be no case to pursue. That means, ultimately, without both liability and damages that are provable, a personal injury case will never be a case that will settle.

If you or someone you know needs the services of a Boston personal injury attorney, I encourage you to contact the Earley Law Group Injury Lawyers at 617-444-7777. We would be pleased to provide you a complimentary-free consultation to discuss your legal rights. Although we are entrenched, currently, in the COVID-19 pandemic, our office is fully open and working remotely.