Cape Cod Injury Lawyer Blog

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…

Like everyone else in society, Cape Cod criminal defense attorneys and their clients have had to approach a lot of things differently during the last year due to the pandemic. As criminal cases, both misdemeanors and felonies, have made their way through the criminal justice system, many questions have arisen. What happens when public safety…

In some types of Massachusetts negligence cases, there are special requirements in addition to the usual steps for filing suit against the allegedly responsible party. For instance, a Cape Cod premises liability case involving a governmental entity may require notice of the accident to be given well before the time that the statute of limitations…

In a Cape Cod premises liability lawsuit, the duty of care that a landowner owes to an individual who comes upon his or her property can vary from case to case. One of the primary considerations is whether the individual had the landowner’s invitation or implied permission to be on the property or whether he…

Under Massachusetts law, a pharmacist or druggist who misfills a prescription can be held liable in a pharmaceutical negligence suit. In such cases, the plaintiff has the burden of proof, and several procedural requirements must be met in order for the plaintiff to prevail. If you or someone in your family has been hurt by…

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 workers’ compensation case, one of the most important issues is whether the worker (or “claimant”) has suffered a permanent physical impairment due to an on-the-job accident or a work-related illness. If so, the next inquiry is usually whether the impairment is such that the worker cannot return to work as a…

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…