In a Massachusetts wrongful death suit seeking compensation for the death of a loved one, a claim must be filed in a court with appropriate jurisdiction and venue over the matter. Generally speaking, venue in a personal injury or wrongful death case can be found in the county and state in which the accident happened.…
Continue reading ›When the negligence of an individual, business, or governmental entity causes physical harm or death to someone, the accident victim (or his or her family, if the victim perished) has a legal right to seek compensation for medical expenses, lost wages, and other damages through a Massachusetts personal injury or wrongful death lawsuit. If the…
Continue reading ›In order to prevail on a claim that one has suffered personal injury, property damage, or a loved one’s wrongful death, the plaintiff in a Massachusetts negligence lawsuit must be able to prove four elements: duty, breach of duty, damages, and causation. The question of whether causation exists in a given case is dependent, in…
Continue reading ›The underlying premise of the body of law known as “negligence” is that those who breach a duty to those whom such a duty is owed should be held financially liable for the foreseeable consequences of their action (or inaction, as the case may be). This means that, in a Massachusetts wrongful death lawsuit, the…
Continue reading ›Unlike other personal injury and wrongful death lawsuits, Massachusetts medical malpractice claims must be reviewed by a special tribunal before they may proceed in a regular courtroom. If the tribunal does not believe the claim has merit, the plaintiff has the option of filing a bond and continuing with his or her case. A recent…
Continue reading ›Modern medicine is a complicated endeavor in which an individual may see several different medical providers for various conditions. Unless these providers are able to communicate effectively with one another for the patient’s benefit, tragedy can result.A recent Massachusetts medical malpractice case arose from just such a situation. In the case, a former teacher and…
Continue reading ›Most Cape Cod automobile accident and other personal injury cases are settled outside of court. In most situations, the parties are eventually able to reach an agreement concerning issues like liability and the damages to which the plaintiff is entitled for medical expenses, pain and suffering, lost earnings, and the like. Some cases, however, cannot…
Continue reading ›Most Cape Cod workers’ compensation cases are opened and closed within a few months or, in cases involving more severe injuries, perhaps a few years. Sometimes, however, a particular injury is of such a nature that the case may not be fully resolved for decades. In a case recently decided on appeal, the original injury…
Continue reading ›There are many different circumstances through which a Cape Cod premises liability lawsuit may arise. In a “slip and fall” case, a person may be injured due to a fall caused by a slippery substance on the floor of a grocery store or poorly constructed stairs outside a public building. If the property owner breached…
Continue reading ›There are many different types of issues that can arise in a Massachusetts car accident lawsuit – who is at fault, whether the plaintiff or a perhaps a third party are also to blame, whether a certain policy of insurance is applicable considering the particular facts giving rise to the cause of action. Sometimes, the…
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