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patrol carFollowing an injury at work, a Massachusetts workers’ compensation claimant may or may not be able to return to his or her previous job. In cases in which the worker is unable to go back to the employment in which he or she was engaged at the time of the accident or work-related illness, he or she may be able to seek permanent disability payments.

Of course, the employer or its insurance company may oppose the worker’s claim, averring that the worker’s injury or illness did not result in a permanent disability. When the parties cannot agree, it is up to a workers’ compensation administrative law judge to make a determination of the specific benefits to which the injured worker is entitled.

If either party is displeased with the result, there is an appellate procedure in place.

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prescription medicationsThe United States prescription drug industry generates billions of dollars in revenue per year. Statistically speaking, about one in two Americans used a prescribed medication during the last month, and about one in four used three or more drugs.

There are two ways to look at this situation. The more positive approach is to be thankful that we live in a time when so many medical conditions can be treated by the use of pharmaceuticals. The more skeptical approach is to consider whether we really need all of that medicine, or whether “Big Pharma” (as it is sometimes called) is more about money than benevolence.

Either way, one thing is for sure:  not all drugs are safe for all patients. Even medications that have gone through all of the required testing sometimes cause considerable harm and even death, inevitably leading to Massachusetts product liability lawsuits in Cape Cod and elsewhere.

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highway at sunsetSo how bad – or how good – are Massachusetts drivers, really? That all depends on whom you ask. Some sources claim that Massachusetts has some of the best drivers in the country, but other studies lead to a very different conclusion.

While we cannot say with 100% accuracy which side has the better argument, we can say one thing for sure:  there are a significant number of car accidents in and around the Cape Cod area. We know this because we have been representing the victims of crashes caused by negligent drivers for many years. Regardless of what the numbers say, we understand that a Cape Cod car accident can wreak great physical injuries and financial hardships on innocent parties, and we are here to help those who have been hurt seek fair compensation.

The Country’s Best Drivers? Seriously?

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insurance

Those who have been involved in a Cape Cod auto accident may be surprised to learn that they may have to file multiple claims, including not only a negligence claim against the party whose actions led to the crash but also a claim against their own insurance company if the negligent party does not have adequate liability insurance to cover the claimant’s total damages (including pain and suffering, past and future medical costs, and lost earnings).

An experienced injury attorney can help the claimant explore the various causes of action, explain the likelihood of success of each claim, and prepare the appropriate paperwork to ensure that important deadlines like the statute of limitations are met.

While many cases are settled prior to trial, an injured party should be prepared to go to court if necessary. Despite a statutory obligation to exercise good faith in settling claims, there is never a guarantee that a reasonable settlement offer will be made.

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semi-truck

One of the most important facets of the American legal system is the right to a trial by jury. The idea is that a jury of one’s peers will be more likely to render a fair and impartial verdict than might a seasoned judge, who might be predispositioned to lean one way or another.

Unfortunately, jury verdicts are not always predicable, and litigants are often dissatisfied with the results of a jury trial. While there exists the possibility of an appeal in some cases, simple displeasure with the outcome is not, in and of itself, sufficient reason for a “do-over.”

Convincing an appellate court that a mistake was made during a jury trial is not an easy thing to do, as the disappointed plaintiffs in a Massachusetts truck accident case recently learned.

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beer bottleWhen someone gets hurt on another person’s property, there is a possibility that the injured person may be able to seek compensation from the property owner if he or she can prove that the injuries were caused by the owner’s negligence.

Massachusetts premises liability cases – sometimes called “slip and fall” or “trip and fall” cases – can be difficult, however. The burden of proof in any negligence case is on the plaintiff, and a failure to prove any of the four elements of negligence (duty, breach of duty, causation, or damages) will prevent the plaintiff from a monetary recovery.

Facts of the Case

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carnival ridesIt’s that time of year again. Many families, trying to squeeze in one more trip before the kids head back to school, make the trek to amusement parks both near and far. Others take advantage of those special once-a-year local fairs and festivals, dazzled by the lights, enticed by the cornucopia of carnival-style foods, and thrilled by the many rides, slides, and merry-go-rounds on the midway.

Festivals, fairs, and amusement parks can be great fun. But are they safe?

Fatal Accident at State Fair in Ohio

Recently, a fair-goer was killed when a carnival ride apparently malfunctioned at the Ohio State Fair. According to reports, part of the ride broke off while it was in motion. Several people on the ride fell from the air as the ride came apart and crashed to the ground. Fair officials said the ride had been inspected multiple times in the days prior to the accident.

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Supreme Court
Under the United States Constitution, the defendant in a criminal case has certain rights that, if violated, can potentially result in the reversal of a conviction. Among these rights are the Sixth Amendment rights to “a speedy and public trial” and “the assistance of counsel.”

A recent decision by the nation’s highest court explored whether the alleged violation of those rights in a particular Massachusetts criminal case was a basis to order a new trial.

Facts of the Case

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stop abuse
Defendants in Cape Cod personal injury lawsuits can sometimes be very creative in their attempts to avoid liability for the wrong they have caused. Fortunately, the courts usually see through these attempts to defeat justice.

Recently, an ex-husband attempted to avoid paying a judgment in a tort action brought by an ex-wife for injuries she suffered because of his alleged abuse. As grounds, he claimed that she was barred from suing him because she did not list her claim against him as a potential asset in their divorce case.

Fortunately, the appellate court saw the move for what it was:  a feeble attempt to once again victimize the plaintiff.

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elderly woman's handsMany civil lawsuits are filed each year in the state and federal courts – far too many to be handled efficiently by the court system if a full-blown trial is required in every case. For this and other reasons, settlements are highly encouraged.

Under Mass. Gen. Laws ch. 176D, § 3(9)(f), an insurance company has a legal obligation to effectuate a “prompt, fair, and equitable settlement” of claims in which liability is clear. When this does not happen, Mass. Gen. Laws ch. 93A, § 9 allows the person whose rights were affected by the violation of the law to bring a civil action against the insurance company to recover damages.

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