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…
Continue reading ›When a patient is dissatisfied with treatment received from a doctor, hospital, or other medical provider, he or she may have a claim for medical malpractice. An experienced Cape Cod medical malpractice attorney can explain the process of asserting such a claim. In some instances, there may be the possibility of some other type of…
Continue reading ›In order for a Cape Cod medical malpractice case to be filed in a particular court, there must be subject matter jurisdiction. Most such cases are filed in state court, but sometimes there may be jurisdiction in federal court. One such situation arises when the person who injured the plaintiff was an employee of the…
Continue reading ›The concept of negligence law is born of the idea that we each owe certain duties to one another. This includes not only individuals and businesses but also branches of the government. It can also include non-profit organizations and, as was the situation in a recent case, colleges and universities. Some duties are general in…
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