Cape Cod Injury Lawyer Blog

Subject to certain parameters, people generally have the right to pursue claims in the forum of their choosing. If a party files a personal injury lawsuit in Massachusetts for harm that occurred in another state, though, it may not immediately be evident which state’s laws apply, and the court will have to make a determination.…

People in the military can receive health care at facilities run by the federal government. If they suffer harm in such facilities, they may be able to pursue claims for damages. However, proving liability can be difficult as the Federal Tort Claims Act (the Act) insulates the federal government from liability in many situations. Recently,…

People harmed by dangerous products have a right to seek compensation from the entities that developed and sold the defective device. Product liability claims are complicated and typically involve issues beyond the realm of understanding of the average person. As such, in most product liability cases, the plaintiff will need to hire an expert to…

Typically, people who suffer losses due to car accidents can recover benefits from their insurer. While some insurance claims are straightforward and are paid promptly, in others, the insurer will dispute the harm suffered or the damages owed. In such instances, the parties will typically turn to the courts to interpret the applicable provisions. For…

Under Massachusetts law, people harmed by defective medical devices can pursue product liability claims against the parties responsible for making and selling them. While proving the liability of the party that manufactured a defective product is relatively straightforward, establishing the fault of a party that merely distributed the defective device can be more challenging. Recently,…

Under Massachusetts law, people who suffer harm at work are generally precluded from seeking damages from their employer in a civil lawsuit. Instead, their only available remedy is workers’ compensation benefits. They can seek compensation from other parties whose negligence caused their harm, however. If they do, the defendant in the civil lawsuit may attempt…

People typically rely on police forces to keep their communities safe. While generally, the risk of harm is from outside sources, some people are in danger of injuring themselves. In such instances, if the police fail to perform their professional duties to stop a person from committing acts of self-harm, they could potentially be liable…

Passengers on flights are not exempt from harm, but it is not always apparent when and where their claims must be brought when their injuries are caused by another party’s intentional or negligent behavior. This was illustrated in a recent decision by a Massachusetts district court, which upheld the dismissal of the plaintiff’s claims due…

The right of a plaintiff to choose the venue in which to bring a personal injury case is well-established under the law. As a result, the ultimate issues of the case are normally decided by the court in the jurisdiction where the plaintiff files the lawsuit. However, in some cases, a defendant may argue that…

It is not unusual for people to lend their cars to acquaintances or family members. However, what appears to be a simple favor might unwittingly expose someone to liability. To put it another way, if the person renting the car is later involved in a collision, the vehicle’s owner may be held accountable for negligent…