Under Massachusetts law, there are certain requirements for those who operate motor vehicles within the Commonwealth. In a Cape Cod car accident case, a dispute may arise as to whether a driver was in compliance with these laws at the time of the accident. It should be noted that some of the rules that affect…
Continue reading ›Hopefully, by now most people know how it important it is to file a claim for damages within the statute of limitations following a Cape Cod accident. However, many individuals may not realize that there can be additional matters of timeliness that must also be complied with, if a case is to be handled as…
Continue reading ›Timeliness is extremely important in a Cape Cod personal injury lawsuit. First of all, a potential litigant has only a limited amount of time in which to assert his or her claim; generally speaking, a claim is barred if it is not filed within the period established by the statute of limitations (although there are…
Continue reading ›In a Massachusetts negligence action seeking compensation for personal injuries or a loved one’s wrongful death, the plaintiff must prove several things in order to prevail at trial. First and foremost, the plaintiff must be able to show that a duty existed between him or her and the defendant. If the plaintiff can show that…
Continue reading ›The majority of Cape Cod personal injury cases based on the legal theory of negligence are filed against individuals or businesses. However, governmental entities can also be held accountable for negligence in some situations. It is important to note that cases against the government may have special rules, including the requirement of giving written notice…
Continue reading ›Under Massachusetts law, those who are injured or lose a loved one due to another’s negligence have a limited amount of time in which to file a Cape Cod personal injury claim against the responsible party. It is important to note that certain situations, such as cases involving a governmental entity, can result in much…
Continue reading ›All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds. It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines…
Continue reading ›In a Cape Cod dog bite injury lawsuit, there can be a wide variety of issues. As always, the burden of proof lies on the party asserting the claim. Insurance coverage can be an issue in some cases. Depending on the facts, it may be the plaintiff, or it may be the defendant who is…
Continue reading ›Most Massachusetts personal injury lawsuits proceed in a back-and-forth fashion reminiscent of a tennis match. The plaintiff serves his or her complaint on the defendant, and then the defendant responds by filing an answer. The parties then file discovery requests, to which the opposing party files an answer. Motions may be filed, with responses thereto…
Continue reading ›Being involved in a Massachusetts automobile accident can be difficult enough, on its own. Damage to one’s automobile, pain and suffering from physical injuries, and time off of work while recuperating are all common problems for those who are hurt due to others’ negligence behind the wheel. Unfortunately, the accident itself may be only the…
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