When someone is injured by another’s breach of the duty of due care, he or she has a right to file a negligence claim seeking compensation from the responsible party for his or her personal injuries. This includes payment for medical expenses, lost earnings, pain and suffering, and other damages. A Massachusetts wrongful death action…
Continue reading ›and more often, defendants in Cape Cod wrongful death and personal injury lawsuits are attempting to circumvent the traditional litigation process in cases charging them with negligent or reckless conduct. Of course, this tactic is more common in certain scenarios than in others. For example, in nursing home negligence cases, defendant care facilities often rely…
Continue reading ›Not every bad result in an operating room or emergency treatment center results in a finding of medical negligence. After all, some patients have medical conditions that may not respond to treatment, and some have diseases or injuries for which there is no cure. However, if a particular patient could have been saved through the…
Continue reading ›When a defective product causes injury or death to a consumer, the consumer (or his or her family) may be able to recover a settlement or judgment against the company that made the product. In some situations, the wholesaler and or seller may also be liable. There are several different legal theories upon which the…
Continue reading ›In a Massachusetts wrongful death lawsuit, there are likely to be many issues. If the loved one’s death was caused by an act of negligence, some of these issues will include duty, breach of duty, causation, and damages. For a plaintiff to be successful on the merits of his or her case, he or she…
Continue reading ›Under the common law, the “king could do no wrong” – and hence was not subject to a finding of liability in court for negligent or reckless conduct. In modern times, the concept of sovereign immunity can apply to a government, just as it did to a monarchy. Citizens still do not have the “right”…
Continue reading ›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…
Continue reading ›Those who have lost a loved one to the negligence of another person, a business, or a governmental entity should be aware that there is a finite amount of time for filing a Massachusetts wrongful death claim. Not only does the plaintiff’s lawsuit need to be filed by a certain date, he or she also…
Continue reading ›Dealing with an insurance company while seeking fair compensation for personal injuries or a loved one’s wrongful death can be extremely frustrating, especially for someone who has not yet retained counsel. Even when attorneys are involved, however, the insurance company may still hold tightly to its purse strings, refusing to offer a settlement that the…
Continue reading ›Massachusetts medical malpractice law requires that a party who is seeking to assert a claim of negligence against a health care practitioner provide proof of his or her claim before a malpractice review tribunal before his or her case can proceed to a regular court of law. If the tribunal does not find enough evidence…
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