Cape Cod Injury Lawyer Blog

In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation. For example, generally speaking, it would not be considered reasonable to run into…

The defendant in a Massachusetts drunk driving case has certain constitutional rights. One of these rights in the Fourth Amendment right to be free from unreasonable searches and seizures. Generally speaking, this means that an officer of the law must either obtain the defendant’s consent or secure a search warrant in order to obtain certain…

When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can…

In a Cape Cod personal injury case, the plaintiff has the burden of proving four elements, each by a preponderance of the evidence. These elements include duty, breach of duty, damages, and causation. Once these elements have been proven, it is up to the jury to determine the amount of money damages to which the…

Massachusetts workers have certain protections under state and federal law. For instance, most workplace injury cases fall under the provisions of Massachusetts workers’ compensation laws. Generally speaking, if a worker’s injury is covered by workers’ compensation, he or she will not be able to file a negligence lawsuit against the employer or a co-worker. While…

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…

In a Cape Cod car accident case, the negligent motorist’s insurance company has certain obligations, including the duty to make a fair settlement offer if liability is clear. Of course, the question of what exactly constitutes fair offer can be subject to debate. If, for example, an offer is refused and a jury trial results…

Among the most important protections guaranteed under the U.S. Constitution is the freedom from unlawful searches and seizures. Of course, the concept of what is, or is not, an unreasonable search or seizure is subject to much interpretation. In a Cape Cod operating under the influence (or “OUI”) case, the question of whether a search…

The vast majority of Cape Cod car accident lawsuits are settled out of court. In most cases, the parties’ respective automobile accident liability insurance companies are part of the settlement process and, consequently, are bound by the terms of the settlement. Sometimes, however, instances arise in which an insurance company may not be part of…

It is not unusual for a Cape Cod premises liability, personal injury, or other negligence-based lawsuit to involve multiple claims against multiple defendants. When this happens, a plaintiff may opt to settlement some claims against some parties, while the remaining claims proceed to trial. The procedural hurdles involved in such a situation must be carefully…