Articles Posted in Personal Injury

Massachusetts Court of Appeals Affirms Defense Verdict in Negligence Case Against Inn
The Law Offices of John C. Manoog III

There are many steps to receiving fair compensation for injuries suffered due to the negligence of others. The first step in a typical Cape Cod personal injury lawsuit is an investigation into the accident giving rise to the plaintiff’s claim. The case then proceeds through a phase called “discovery,” during which issues such as the…

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Federal Court Dismisses Product Liability Claim But Allows Massachusetts Man to “Try and Re-Plead” Two Counts
The Law Offices of John C. Manoog III

A Cape Code product liability lawsuit can arise from many different types of products, including prescription medications. Drug-based product liability cases can involve products that were defectively designed or manufactured, but more often they may claim that the manufacturer failed to warn consumers of possible complications from usage of the medication. Of course, the plaintiff…

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Failure to Submit Evidence of Medical Expenses Was Not Fatal to Massachusetts Woman’s Pain and Suffering Claim
The Law Offices of John C. Manoog III

In a Cape Cod car accident case, the plaintiff may seek reimbursement of medical expenses and lost wages necessitated by the motor vehicle collision. He or she may also seek money damages for pain and suffering in most cases. However, if the plaintiff’s medical expenses are $2000 or less, he or she is not entitled…

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Federal Court Says Massachusetts Law Requires Prejudgment Interest on Entire $8,250,000 Award in Personal Injury Case, Not Just on Past Damages
The Law Offices of John C. Manoog III

When the negligence of an individual, business, or governmental entity causes physical harm or death to someone, the accident victim (or his or her family, if the victim perished) has a legal right to seek compensation for medical expenses, lost wages, and other damages through a Massachusetts personal injury or wrongful death lawsuit. If the…

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Massachusetts Malpractice Law Requires Cash Bond to Continue if Tribunal Does Not Find Sufficient Evidence
The Law Offices of John C. Manoog III

Unlike other personal injury and wrongful death lawsuits, Massachusetts medical malpractice claims must be reviewed by a special tribunal before they may proceed in a regular courtroom. If the tribunal does not believe the claim has merit, the plaintiff has the option of filing a bond and continuing with his or her case. A recent…

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Appeals Court Finds No Reason to Set Aside Defense Verdict in Massachusetts Woman’s Suit Claiming She Was Injured By Defendant’s Opening of Car Door
The Law Offices of John C. Manoog III

Most Cape Cod automobile accident and other personal injury cases are settled outside of court. In most situations, the parties are eventually able to reach an agreement concerning issues like liability and the damages to which the plaintiff is entitled for medical expenses, pain and suffering, lost earnings, and the like. Some cases, however, cannot…

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Massachusetts Appeals Court Says Plaintiffs in Car Accident Suit Can Collect Damages Award from Negligent Driver’s Self-Settled Trust Fund
The Law Offices of John C. Manoog III

There are many different types of issues that can arise in a Massachusetts car accident lawsuit – who is at fault, whether the plaintiff or a perhaps a third party are also to blame, whether a certain policy of insurance is applicable considering the particular facts giving rise to the cause of action. Sometimes, the…

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Neither “Controlled Affiliate” Nor Managing Agent of Housing Authority Are Public Employers Under Massachusetts Tort Claims Act
The Law Offices of John C. Manoog III

In most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence. In the case of a public entity defendant, however, there are limitations on, among other things, the maximum amount of…

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Massachusetts Court of Appeals Affirms Summary Judgment for School District Following Field Hockey Player’s Governmental Tort Liability Lawsuit
The Law Offices of John C. Manoog III

When the defendant in a Cape Cod personal injury case is a governmental entity, the plaintiff faces an uphill battle. There was a time – back before there were any exceptions to the doctrine of sovereign immunity – when the plaintiff could not recover compensation at all. Now, however, the issue of whether the government…

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Massachusetts Tort Claims Act Construed to Include Electric Company as “Public Employer”
The Law Offices of John C. Manoog III

Electricity is one of those things to which most of us give little thought – until something goes wrong. Unfortunately, things can sometimes go very wrong when a power company acts negligently, sometimes triggering a Massachusetts personal injury or wrongful death lawsuit. Governmental tort liability, including the possibility of immunity from suit, can be an…

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