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premisesThere 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 the duty of care owed to the plaintiff, the plaintiff may be able to recover money damages to compensate him or her for medical costs, lost wages, and other losses caused by the injury.

In a negligent security case, a property owner may be held liable for failing to protect the plaintiff from harm caused by a third party – typically a criminal whose intentional actions harm to the plaintiff. Such cases can be challenging, as the defendant typically attempts to shift the blame away from itself and onto the third party.

Facts of the Case

In a recent case, the plaintiff was a man who was stabbed while waiting in his car for a friend outside a theater in 2011. The man sued the theater (and its parent companies), alleging that they were negligent in failing to provide police detail on the theater premises. (The plaintiff’s stabbing occurred on a Tuesday evening about 10 p.m. For some years prior to 2008 or 2009, the defendants had police detail on their premises seven nights a week, but they then restricted the detail to Friday, Saturday, and Sunday evenings only.) Continue reading

financial resources
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 issue is not who is at fault or whether there is liability insurance available, but, rather, whether the defendant’s personal assets can be used to satisfy the judgment. Typically, this only happens when the defendant is either uninsured or underinsured.

However, when a particular defendant has significant wealth in addition to (or in lieu of) insurance coverage, it may be possible for the plaintiff(s) to attach the defendant’s personal assets. Of course, each case is unique and must be decided on its own merits.

cell phone towerIf you are like millions of other Americans, you probably have a cell phone in your hand or in your pocket right now. As any Massachusetts criminal defense attorney can tell you, there is a lot of data on your cellphone that, potentially, could be used against you in court if you are accused of a crime.

What you may not know is that all of the potentially incriminating data is not on your phone itself. Wireless carriers across the country log a time-stamped record of each cell site and sector each time a cellphone connects to a cell site, thereby providing a very detailed record of a user’s whereabouts.

It is important to note that this doesn’t just happen when the user is making a phone call or sending a text message; the average smart phone taps into a wireless network at least once a minute any time the signal is on, even if the phone is not being used for calling, texting, or searching the internet at that moment.

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pillAccording to studies, about two out of three Americans take at least one prescription drug. To get their medications, most patients must visit a pharmacy at least once a month. What happens when there is a problem with the paperwork that would normally allow the patient to receive the medicine in a timely fashion?

In a recent Massachusetts pharmacy error case, a 19-year-old patient died after she was denied a life-saving medication because her doctor had not completed a certain insurance form. The pharmacy claimed that it owed no duty to the patient under the circumstances, but the state’s highest court held otherwise.

Facts of the Case

stairsIn most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence.

In the case of a public entity defendant, however, there are limitations on, among other things, the maximum amount of money that the injured person can receive in a Massachusetts personal injury lawsuit arising from a governmental unit’s negligence. While this may seem unfair, the idea is that a judgment against “the government” is ultimately borne by the taxpayers. Controlling the maximum amount of a potential payout preserves the public coffers, purportedly inuring to the good of all.

Facts of the Case

The plaintiff in a recent case was a public housing development resident. According to allegations in his complaint, he slipped and fell while navigating the stairs at his unit. He filed a lawsuit against the housing authority, a “controlled affiliate” of the authority, and the managing agent authority, seeking compensation for his injuries. The housing authority and the managing agent sought partial summary judgment, asking the trial court to deem them public employers under the Massachusetts Tort Claims Act (codified at Massachusetts General Laws ch. 258, § 2) and therefore not liable for damages exceeding $100,000. The trial court judge denied the motion, concluding that the Act “clearly defines the scope of a public employer” and does not include controlled affiliates within that definition.

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review
Generally speaking, in a Massachusetts personal injury or wrongful death lawsuit, it is the jury’s job to determine not only which party was at fault but also the amount of damages to which the plaintiff is entitled if the defendant is determined to have been negligent.

That having been said, it is important to note that the trial court judge may override the jury’s decision on damages in some cases. Such an action is the exception rather than the rule, however, and it is subject to review by the appellate court if either party challenges the ruling.

Facts of the Case

medical doctor
In a Cape Cod car accident case, one or both parties may initially seek payment of “personal injury protection” benefits from his or her insurance company. Ideally, these benefits are available immediately after the accident, regardless of fault. However, complications can arise, and not every driver receives the benefits to which he or she is entitled – at least not without a fight.

Facts of the Case

The plaintiff in a recent case was a medical services provider that sought to recover unpaid personal injury protection (PIP) benefits, which it alleged the defendant insurance company should have paid on behalf of a woman who was injured in a car accident. The trial court granted summary judgment to the defendant, accepting its defense that it did not owe any PIP benefits due to an exclusion in the insurance policy at issue to the effect that no benefits are to be paid when the claimant contributed to his or her own injuries through the use of alcohol. The plaintiff appealed.

sports
When the defendant in a Cape Cod personal injury case is a governmental entity, the plaintiff faces an uphill battle. There was a time – back before there were any exceptions to the doctrine of sovereign immunity – when the plaintiff could not recover compensation at all. Now, however, the issue of whether the government has waived sovereign immunity in a particular situation can be a subject of great dispute.

Facts of the Case

The plaintiff in a recent case was a high school athlete (joined in the lawsuit by members of her family) who suffered a concussion and other injuries after being hit by a field hockey stick wielded by a teammate during a practice session. She filed suit against the defendant school district, seeking compensation under the Massachusetts Tort Claims Act. More specifically, the plaintiff alleged that the defendant was negligent in failing to properly train and supervise coaches and students, in not monitoring the plaintiff’s injuries in an appropriate fashion, and in not implementing a written academic re-entry plan following her injuries.

stop suicide
Suicide claims tens of thousands of lives annually in the United States alone, including a disproportionate number of those in their teens and twenties. Given that there are more than 10 times the number of emergency department visits for self-inflicted injuries as there are completed suicides, there can sometimes be a window of opportunity to prevent a successful suicide.

If an individual or entity that owes a duty of care to a suicidal person does not act in a way that is reasonably prudent under the circumstances, a Cape Cod wrongful death action may be appropriate.

Facts of the Case

newspaperIn a Cape Cod workers’ compensation case, there are several things that a claimant must prove in order to recover benefits such as paid medical care and temporary disability benefits. First and foremost, the claimant must be able to prove that he or she was an employee of the entity from which he or she seeks compensation.

This may sound simple enough – either the claimant worked for the defendant, or he or she did not, right? Actually, the question of whether a claimant was an “employee” as that term is defined in the law can be a rather complex issue. If the alleged “employer” is able to show that the alleged “employee” was, instead, an independent contractor, the claimant’s case is likely to fail.

Facts of the Case