Articles Posted in Personal Injury

Massachusetts Supreme Judicial Court Answers Federal Appeals Court’s Question About State Wrongful Death Statute
The Law Offices of John C. Manoog III

and more often, defendants in Cape Cod wrongful death and personal injury lawsuits are attempting to circumvent the traditional litigation process in cases charging them with negligent or reckless conduct. Of course, this tactic is more common in certain scenarios than in others. For example, in nursing home negligence cases, defendant care facilities often rely…

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Pro Se Litigant’s Petition for Review Dismissed by Massachusetts Supreme Judicial Court
The Law Offices of John C. Manoog III

In a Cape Cod personal injury lawsuit, there are many laws, procedures, and rules that guide a case through the legal system. Experienced litigation attorneys are schooled in these matters and have systems in place to make sure that everything is filed in a timely and appropriate matter. Those who chose to represent themselves –…

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What Massachusetts Residents Need to Know About Automobile Insurance
The Law Offices of John C. Manoog III

It is no secret that having the right automobile accident insurance is important, but many people do not truly understand the type of insurance that they need or even what coverage they currently have. Unfortunately, some drivers do not learn that they have inadequate coverage until they have been involved in a Cape Cod car…

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Fire Risk From Faulty Products is an Ongoing Concern in Massachusetts and Across the Country
The Law Offices of John C. Manoog III

When a defective product causes injury or death to a consumer, the consumer (or his or her family) may be able to recover a settlement or judgment against the company that made the product. In some situations, the wholesaler and or seller may also be liable. There are several different legal theories upon which the…

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Foster Family’s Claim Against State Child Services Department Was Not Barred by Massachusetts Governmental Tort Act
The Law Offices of John C. Manoog III

Maintaining a personal injury or wrongful death claim against a governmental entity can be difficult. In fact, there was once a time in which such claims were not allowed under the law. Nowadays, however, a Cape Cod personal injury lawsuit against the government may be possible in some situations, although it can be expected that…

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Massachusetts Court Affirms Summary Judgment to Player, Coaches, and Refs in Hockey Player’s Personal Injury Lawsuit
The Law Offices of John C. Manoog III

In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation. For example, generally speaking, it would not be considered reasonable to run into…

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Massachusetts Tort Claims Act Protects Transportation Authority from Claim Arising from Discretionary Function
The Law Offices of John C. Manoog III

When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can…

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Appellate Court Remands Massachusetts Woman’s Personal Injury Case After Second Trial Results in Substantially Lower Verdict
The Law Offices of John C. Manoog III

In a Cape Cod personal injury case, the plaintiff has the burden of proving four elements, each by a preponderance of the evidence. These elements include duty, breach of duty, damages, and causation. Once these elements have been proven, it is up to the jury to determine the amount of money damages to which the…

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Massachusetts Court of Appeals Affirms Dismissal of Worker’s Infliction of Emotional Distress Claim But Says She Should Have Been Allowed to Add FMLA Claim
The Law Offices of John C. Manoog III

Massachusetts workers have certain protections under state and federal law. For instance, most workplace injury cases fall under the provisions of Massachusetts workers’ compensation laws. Generally speaking, if a worker’s injury is covered by workers’ compensation, he or she will not be able to file a negligence lawsuit against the employer or a co-worker. While…

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Massachusetts Appellate Court Says Lower Tribunal Should Not Have Entered Separate and Final Judgment in Tenant’s Suit Against Landlord and Appliance Store Following Explosion
The Law Offices of John C. Manoog III

It is not unusual for a Cape Cod premises liability, personal injury, or other negligence-based lawsuit to involve multiple claims against multiple defendants. When this happens, a plaintiff may opt to settlement some claims against some parties, while the remaining claims proceed to trial. The procedural hurdles involved in such a situation must be carefully…

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