Articles Posted in Personal Injury

International travel is available on several of the airlines that serve Massachusetts. As a result, if a passenger is hurt while flying or disembarking from a plane, it may be difficult to determine whether the airline is liable under US law. In many cases, the Montreal Convention applies, and in order to receive damages, a…

Massachusetts’ workers’ compensation laws generally preclude people who suffer injuries in the workplace from pursuing civil claims against their employers. People hurt at work may be able to recover damages from third parties that contributed to or caused their harm, however. Generally, they must establish that the negligence of the third party caused their harm;…

People often volunteer in their communities. Unfortunately, during the act of performing good deeds, some people suffer injuries due to the negligence of others. While they can pursue claims for their losses, their ability to recover from their towns may be limited by Massachusetts law, as discussed in a recent opinion. If you were hurt…

When a restaurant serves unsafe food to a patron and that person is injured as a result, a personal injury claim may be possible. In asserting a Cape Cod food contamination case, the burden of proof is on the plaintiff, meaning that he or she must present evidence sufficient to convince the jury, by a…

Timeliness can be an important issue in a Cape Cod negligence case. Typically, cases not filed within the applicable statute of limitations and/or statute of repose will be dismissed unless the circumstances fall within some very narrow exception to the general rule. Sometimes, time can also factor into other issues in a given case, including…

In a Cape Cod premises liability case, evidence regarding the accident scene can be crucially important. Without photographs or video surveillance of the place where the accident happened, it can be difficult for the plaintiff to convince the jury that the landowner was negligent in creating the dangerous condition that caused the accident or, if…

Having an insurance policy that covers accidents caused by uninsured or underinsured motorists is important. Without such coverage, it is extremely difficult – often impossible – to receive fair compensation for personal injuries or a wrongful death caused by a driver who either doesn’t have insurance at all or who has only minimum coverage. Unfortunately,…

One of the more common defenses in a Cape Cod premises liability lawsuit is an assertion by the defendant that the condition was so open and obvious that any reasonable person would have noticed it and avoided it. Of course, each case must stand on its own facts when it comes to such matters. Even…

Causation is one of the essential requirements in proving a case of negligence in a Cape Cod personal injury lawsuit. Without the element of causation, a defendant’s breach of a duty of care toward the plaintiff will not result in a finding of liability, even if the plaintiff can prove substantial damages. It works like…

A Cape Cod wrongful death or personal injury lawsuit cannot succeed unless the plaintiff is able to prove that the defendant’s negligence caused the accident victim’s death or physical harm. This must be proven by a preponderance of the evidence, via legally admissible evidence. Of course, this assumes that the case ultimately makes its way…