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In a Massachusetts negligence action seeking compensation for personal injuries or a loved one’s wrongful death, the plaintiff must prove several things in order to prevail at trial. First and foremost, the plaintiff must be able to show that a duty existed between him or her and the defendant.

If the plaintiff can show that the defendant breached this duty and that, as a proximate result, he or she suffered damages, he or she may be able to recover payment for medical costs, lost wages, pain and suffering, and other associated expenses.

However, if the court does not agree that a duty of some sort existed between the parties, the plaintiff’s case will fail.

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The majority of Cape Cod personal injury cases based on the legal theory of negligence are filed against individuals or businesses. However, governmental entities can also be held accountable for negligence in some situations.

It is important to note that cases against the government may have special rules, including the requirement of giving written notice of one’s claim well in advance of the time that the statute of limitations would otherwise run (sometimes, the injured person has only a matter of days to take action).

There may also be a cap on the amount of damages that a city or other unit of the government will be required to pay.

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One of the most fundamental rights of the defendant in a criminal case is the right to a trial by jury. A seasoned Cape Cod criminal defense attorney can help make sure that this and other important rights are protected. This is very important because a biased, prejudiced, or tainted juror can wreak havoc on what is supposed to be a determination by a “fair and impartial” jury of the defendant’s peers. A knowledgeable defense lawyer can also make sure that the defendant’s other constitutional and legal rights were not violated during the arrest process and, if necessary, file a motion in limine to exclude potentially inadmissible evidence.

Facts of the Case

In a recent case, the defendant was a man who was accused of several crimes relating to the illegal possession and improper storage of firearms and ammunition. When the matter was tried to a jury, one of the jurors was excused during deliberations because she told a court officer that she could not continue to deliberate because she was upset by other jurors being “argumentative.” The juror also mentioned that she was emotional due to health issues being suffered by some members of her family. The trial judge opted to replace the juror with an alternate, and the deliberations continued. After the defendant was found guilty, he appealed. The intermediate court of appeals affirmed the defendant’s conviction. He sought further review from the Massachusetts Supreme Judicial Court.

Decision of the Court

The supreme court vacated the judgments entered against the defendant, concluding that the juror had been discharged for reasons that were “not purely personal” and that, thus, her dismissal was prejudicial error. The court went on to conclude that, because there was sufficient evidence for the trial court to deny the defendant’s motion for a required finding of not guilty, the appropriate thing to do was to remand the case for further proceedings.
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When someone is hurt on another’s property, there may be a possibility of filing what is commonly called a “slip and fall” or “premises liability” lawsuit against the landowner or business operator whose negligence caused the accident.

Of course, the defendant in such a case is likely to offer up a myriad of possible defenses, blaming the plaintiff for the accident or denying that the condition that led to the injury had been in place long enough for the defendant to have legal notice of it.

In some situations, there may be another possible defense, such as the recreational use statute.

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In a Cape Cod premises liability case, the plaintiff has the burden of proving that the defendant landowner or shopkeeper was negligent in maintaining its property. Of course, the defendant will likely deny that it should be held liable for the plaintiff’s slip and fall accident, pointing the finger back at the plaintiff for the accident or denying that the dangerous condition described by the plaintiff even existed. It is up to the jury to resolve the factual issues between the parties.

Facts of the Case

In a recent unpublished appellate court case, the plaintiff was reportedly an 84 year-old man whose shoe caught in an “eroded concrete surface” near a gas pump, causing him to fall. The plaintiff filed a negligence lawsuit against the defendant gas station owner, seeking monetary compensation for the injuries that he suffered in the fall. At trial, a fellow customer, who witnessed the incident, testified that the disrepair was readily apparent and had been in place for quite some time. In response, the defendant insisted that the gap that caused the plaintiff’s fall was so minor a defect that, as a matter of law, it could not give rise to a violation of the defendant’s duty of care to the plaintiff.

The jury found in the favor of the plaintiff (who was joined in the action by his wife, who asserted a loss of consortium claim), awarding him $450,000 and his wife $200,000. The trial judge issued a remittitur, reducing the plaintiff’s damages award to $300,000 and the wife’s to $125,000. The plaintiffs accepted the remittitur. The defendant filed a motion for judgment notwithstanding the verdict and/or for a new trial; the trial court denied both motions.
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Under Massachusetts law, those who are injured or lose a loved one due to another’s negligence have a limited amount of time in which to file a Cape Cod personal injury claim against the responsible party.

It is important to note that certain situations, such as cases involving a governmental entity, can result in much shorter deadlines, sometimes only a matter of days, than the general statute of limitations would suggest.

When a claim is not timely filed, the injured person will, most likely, be deemed to have waived his or her right to recover money damages.

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If you believe that you or someone in your family has been hurt by the negligence of a doctor, hospital, or other health care provider, you probably have several questions. “How do I file a claim?” “How do I prove my case?” “If I win, how much will the judgment be?”

Another important question – sometimes overlooked by those who are not familiar with the civil justice system – is, “How long do I have to file a Cape Cod medical malpractice lawsuit?” Generally speaking, the answer to this question is “three years.” However, calculating the exact date that a claim becomes time-barred can sometimes be difficult. This is because determining the date that the claim begins to run (and the three-year clock begins to tick) is not always simple.

Facts of the Case

In a recent (unreported) case, the plaintiff was a man who claimed that he suffered an injury to his urethra due to a nurse’s negligent catheterization of him when he was a patient at the defendant hospital in October 2009. The plaintiff was reportedly told that he might urinate blood for a short while but that the bleeding would stop soon. The plaintiff not only had bloody discharge in his urine, but also he experienced painful urination that lasted for several years. However, he did not return to the defendant hospital for further medical treatment until June 2012. According to the plaintiff, he suffered from post-traumatic stress disorder and a phobia that made him fearful of seeking medical attention.

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Those who have lost a loved one to the negligence of another person, a business, or a governmental entity should be aware that there is a finite amount of time for filing a Massachusetts wrongful death claim. Not only does the plaintiff’s lawsuit need to be filed by a certain date, he or she also has a limited amount of time in which to serve the defendant with a copy of the complaint.

While there are a few, very limited exceptions to the requirements of the statute of limitations and service of process rules for such claims, almost all untimely claims are dismissed by the courts.

Thus, it is important to talk to an attorney as soon as possible if you believe that your loved one died due to another’s negligence.

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All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds.

It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines – in addition to the general statute of limitations. Again, failure to act within the required time period can be fatal to a plaintiff’s case.

One example of this is a claim against a city or municipality. In these cases, at least some type of minimal legal action (such as the giving of notice) must be taken within a matter of days, or else the plaintiff will be barred from monetary recovery against the responsible governmental entity.

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In a Cape Cod dog bite injury lawsuit, there can be a wide variety of issues. As always, the burden of proof lies on the party asserting the claim.

Insurance coverage can be an issue in some cases. Depending on the facts, it may be the plaintiff, or it may be the defendant who is seeking a declaration from the court to the effect that the plaintiff’s claim (if it is ultimately proven) is covered by a particular policy of insurance.

As in other cases in which an insurance company seeks to avoid liability for one reason or the other, proving that there is insurance coverage can be just as difficult a battle – if not even more so – than proving the elements of the underlying case.

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