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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›Doctors and nurses make mistakes. Sometimes, these errors in judgment cause serious harm to patients. When this happens, the injured individual has a right to seek fair compensation through a Cape Cod medical malpractice claim. However, it is important to note that medical malpractice cases can be difficult to pursue. The insurance companies that represent…
Continue reading ›When someone is injured in a Cape Cod car accident, the insurance company that insures the at-fault motorist has certain responsibilities to the injured individual(s). If these obligations are not met, there is a possibility of litigation against the company later on. In many instances, it is the insured motorist who brings suit against his…
Continue reading ›While the coronavirus pandemic will likely mean that everyone’s holiday season is at least a little bit different this year as compared to years past, there are some things that remain the same. Gifts will be exchanged. Special meals will be planned. Accidents, injuries, and illnesses will happen, possibly triggering a Cape Cod product liability…
Continue reading ›Most Cape Cod personal injury cases are pursued on a theory of negligence. To prove that a defendant was negligent, the plaintiff must show that the defendant owed the plaintiff a legal duty, that the defendant’s conduct breached this duty, and that, as a proximate result, the plaintiff suffered legally compensable damages. Sometimes, however, a…
Continue reading ›As important as it is in a Cape Cod personal injury lawsuit to be able to prove that the defendant’s negligence was the proximate cause of the plaintiff’s injuries, this is only one of several steps in pursuing fair compensation. Additionally, it is important that the plaintiff understand, to the fullest extent possible under the…
Continue reading ›Cape Cod car accident cases require the plaintiff to prove, by a preponderance of the evidence, that the defendant breached the applicable duty of care and that this breach of care was the proximate cause of the damages for which the plaintiff seeks compensation. Generally speaking, a defendant who crashes her car into an innocent…
Continue reading ›In a typical Cape Cod personal injury lawsuit, the plaintiff seeks to recover monetary compensation for damages by asserting a claim of negligence. There are four basic elements to the tort of negligence (duty, breach of duty, damages, and proximate causation). The plaintiff has the duty to prove each element by a preponderance of the…
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