Cape Cod Injury Lawyer Blog

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…

Many times, the resolution of a Cape Cod criminal case revolves around the issue of whether certain evidence was unlawfully obtained by police. If a court rules that a particular search or seizure was in violation of the law, the evidence may be suppressed at trial. When evidence is suppressed, it cannot be used to…

Causation is one of the essential requirements in proving a case of negligence in a Cape Cod personal injury lawsuit. Without the element of causation, a defendant’s breach of a duty of care toward the plaintiff will not result in a finding of liability, even if the plaintiff can prove substantial damages. It works like…

In a Cape Cod medical malpractice case, the plaintiff has the burden of proving not only that the defendant healthcare professional breached the standard of care that applied to the situation at hand but also that this breach of care was the proximate cause of the damages about which the plaintiff complains. Sometimes, damages are…

There’s a secret that insurance companies don’t want you to know. In almost all Cape Cod negligence cases, one or both parties have insurance of some type. For example, in a car accident case, the defendant most likely has a policy of motor vehicle accident liability insurance, and his or her defense is being paid…