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…
Continue reading ›One of the first considerations in a personal injury lawsuit in Massachusetts, such as a negligence claim arising from a Cape Cod boating accident, is the forum in which the plaintiff’s claim will be filed. Often, there is but a single possibility for the filing of such a case, so the inquiry is a relatively…
Continue reading ›When it comes to the ultimate outcome of a Cape Cod personal injury case, the availability of liability insurance is one of the most important factors to be considered. Assuming that there is a policy of insurance that covers the occurrence at issue, another important consideration is the policy limits of such coverage. In the…
Continue reading ›There is a large branch of case law devoted to the issues of when a police officer can pull over a vehicle, when that vehicle can be searched, and when the occupants thereof can be made to exit the vehicle. This body of the law holds many general principles, but oftentimes the outcome of, say,…
Continue reading ›Like other types of cases involving personal injury or wrongful death, Massachusetts workers’ compensation cases involve a variety of deadlines. For the injured worker, these deadlines typically include the time by which notice must be given and a claim must be filed. Of course, there are also deadlines that may apply to others who may…
Continue reading ›In a Cape Cod workers’ compensation case, the issues can be numerous. Typical issues include the amount of temporary benefits due the worker, the extent of the worker’s permanent disability, and the worker’s entitlement to medical care for his or her injuries. Sometimes, contention begins even earlier in the process, with the employer or its…
Continue reading ›The first question that must be answered in any Cape Cod wrongful death or personal injury lawsuit is, “Did the defendant owe a duty of care to the plaintiff?” The answer to this inquiry can be impacted by state statutes, existing case law, local ordinances, the particular facts of the case, the relationship between the…
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