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An injured Massachusetts plaintiff, in a Massachusetts personal injury action, in addition to showing a duty and a breach of that duty, must also prove causation, which involves establishing both factual causation and legal causation.

To establish factual causation, the plaintiff must show that it is more likely that the alleged harm was due to circumstances that the defendant was responsible for rather than from any other cause. Factual causation is proved under Massachusetts law by using a “but for” test, which means demonstrating that but for the defendant’s negligent conduct, the injury or other harm would not have happened. A plaintiff is not required, however, to eliminate all possibility that the conduct of the defendant was not a cause of his or her personal injuries in order to win the case in a Massachusetts tort action. Causation may be established by proving that it is probable that the defendant's wrongdoing caused the plaintiff's injuries.

To establish legal cause, which is also called proximate cause, the Massachusetts personal injury victim must prove that it is more probable than not that the defendant’s conduct was a substantial and contributing cause of the accident and that the injuries occurred as a result-thereof. To establish legal causation, it is only necessary to establish that the defendant took a risk involving the plaintiff’s safety that a reasonable and prudent person would not have taken, and that as a result thereof, the plaintiff sustained injuries that were foreseeable.

Even when causation is shown, however, if a superseding intervening cause exists, the defendant will not be held liable for the plaintiff’s injuries. A superseding intervening cause is an act or failure to act of a third person or other entity that breaks the chain of causation between the defendant’s conduct and the plaintiff’s injuries. For example, the act of a person committing suicide would be a superseding intervening cause that will prevent the defendant from being held responsible for money damages caused by the suicide.

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Our Boston, MA accident injury lawyers will do everything that is possible so that you receive the best result you can. Below is a list of our Massachusetts personal injury attorney specialists:

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