Cape Cod Injury Lawyer Blog

There are thousands of laws on the books in Massachusetts and across the nation. What happens when two of those laws potentially conflict? For instance, if a driver is obligated to stop for a pedestrian in a crosswalk, but the pedestrian is obligated to obey a pedestrian crossing signal, what happens if both the driver…

Earlier this month, the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) released an “Early Estimate of Motor Vehicle Traffic Fatalities in 2015,” projecting that some 35,200 motor vehicle accident fatalities occurred nationally last year. The good news is that this number, while tragic, is lower than the 43,510 fatalities that happened 10…

Store owners, including those that own grocery stores, convenience markets, and other establishments selling food, have a responsibility to keep their premises in a reasonably safe condition. Although there are some general requirements, the specifics of what is considered “reasonable” can vary from case to case. Generally, the term “reasonably safe condition” means that, at…

Just as a negligent driver can be held liable in a court of law for damages resulting from the breach of a legal duty while driving a motor vehicle, so can a medical professional be held liable for a failure to uphold the applicable standard of care due a patient during the diagnosis or treatment…

When the parties to a lawsuit have rested their cases, the trial judge issues a set of instructions to the jury before they retire to deliberate. The majority of these instructions are general in nature, but some may be fact-specific. The parties may make requests for the court to issue certain instructions, and adverse rulings…

Generally speaking, businesses and other landowners have a duty to maintain their premises and warn visitors of known dangerous conditions. A failure to do so can result in an award of monetary damages to a person who is hurt due to the business owner’s breach of duty. Of course, such cases are often highly contested,…

People accused of crimes in the United States are afforded certain rights under the U.S. Constitution. Included within these rights are the Fourth Amendment right to be free from unreasonable searches and seizures, the Fifth Amendment right to remain silent to avoid self-incrimination, and the Sixth Amendment right to a speedy and public trial by…

Lawsuits arising from motor vehicle accidents rarely make it all the way to the United States Supreme Court. The vast majority of such cases are settled out of court, and only a few of those that actually reach trial are appealed. However, as a recent case shows, it is possible for a seemingly straightforward negligence…

All personal injury and wrongful death lawsuits arising from negligence require proof of four essential elements. The defendant must have owed the plaintiff a duty, the defendant must have breached the duty, the plaintiff must have suffered damages, and the damages must have been the proximate result of the breached duty. In some cases, particularly…

When an individual is hurt in a motor vehicle collision or other accident, he or she is at a significant disadvantage when negotiating with insurance company professionals who deal with issues such as negligence, comparative fault, and damages on a routine basis. Massachusetts Gen. Laws ch. 93A (the Massachusetts Consumer Protection Act) and ch. 176D…