Articles Posted in Personal Injury

Massachusetts Court of Appeals Grants Summary Judgment to Housing Project Operators in Negligence Action Arising from Drive-By Shooting
The Law Offices of John C. Manoog III

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…

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$100,000 Verdict Affirmed by Massachusetts Appeals Court in Case in Which Suspect Shot Third Party During Exchange of Gunfire with Police
The Law Offices of John C. Manoog III

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…

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Massachusetts Court Holds That 30-Day Notice Requirement for Claims Involving Defect in Public Roadway Does Not Apply to Claims Against Private Parties
The Law Offices of John C. Manoog III

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…

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Massachusetts Supreme Judicial Court Says Bicycle Accident Case Against Utility Company Should Not Have Been Dismissed on Summary Judgment
The Law Offices of John C. Manoog III

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…

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Massachusetts Court of Appeals Affirms Summary Judgment to Insurance Company in Dog Bite Case
The Law Offices of John C. Manoog III

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…

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Appeals Court in Massachusetts Considers Whether to Vacate $3.2 Million Default Judgment Against Allegedly Negligent Construction Company
The Law Offices of John C. Manoog III

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…

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PIP Claim Denied in Case in Which Massachusetts Woman Failed to Appear for Three Separate Examinations Under Oath
The Law Offices of John C. Manoog III

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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Massachusetts Court Affirms Defense Judgment in Construction Accident Lawsuit
The Law Offices of John C. Manoog III

Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases. One reason for this is that those in the construction industry may be injured by someone other than his or her…

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Massachusetts Appeals Court Affirms Dismissal of Negligence Claim Against Gas Company Due to Lack of Timely Notice
The Law Offices of John C. Manoog III

If you are hurt because of a slip and fall-type accident in or around Cape Cod, do you know how long you have to file a claim against the negligent party who caused the condition that led to your fall? You may think you know, but, chances are, you only know part of the answer…

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Hurt in a Cape Cod Car Accident? Things You Should Know
The Law Offices of John C. Manoog III

Each year, hundreds of Massachusetts residents lose their lives in automobile accidents, and tens of thousands more are injured. If you or a family member has recently been involved in a Cape Cod car accident, there are several things that you should know. Having the right information at the right time can go a long…

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