COVID-19 Update: How We Are Serving and Protecting Our Clients

Recent settlements
  • $1,560,000.00 Motor Vehicle Accident
  • $2,200,000.00 Wrongful Death
  • $1,250,000.00 Motorcycle Accident
Free Consultation • No fee unless succesful • we will travel to you

By

It is to be expected that an insurance company will do everything within its power to limit the payout on a Cape Cod personal injury or wrongful death case. However, there are limitations on just how far an insurance company can go in its attempt to protect its pocketbook. Under Massachusetts’ consumer protection laws, “unfair or deceptive” practices are illegal, as are unfair claim settlement practices.

When a claimant believes that an insurance company has violated the law with regard to the investigation of his or her claim, he or she should talk with an attorney as soon as possible. In fact, it is usually best to consult an attorney before even speaking with an insurance adjuster about a personal injury or wrongful death case.

Facts of the Case

In a recently decided federal case, the original plaintiff was a young woman who, at the age of 20, was seriously injured in a 2010 car accident. The wreck happened shortly after the plaintiff had left the original defendant night club, where she was employed as a dancer and where she had allegedly been served alcohol despite being under the legal drinking age. The young woman sued the night club in state court, and the parties entered into a $7.5 million consent judgment under which the night club’s liability insurer tendered policy limits and the night club agreed to pay $50,000.

Continue reading

By

A typical Cape Cod workers’ compensation case involves several different types of benefits, including medical care, temporary disability, and permanent disability. The determination of what is due an injured worker in a particular case can be a complex process. Oftentimes, there is a great amount of disagreement between the injured worker and his or her employer’s workers’ compensation insurance company regarding the benefits that are due.

Employees have a right to legal counsel during the benefits determination process. If you have been hurt and are wondering whether you should hire an attorney to represent you in your case, please keep in mind that workers’ compensation attorneys do not charge legal fees up front. Rather, your attorney’s fee will be paid out of any settlement or judgment that you receive, so that the inability to pay an attorney when you are already hurt and out of work is not a barrier.

Facts of the Case

The claimant in a recent (unreported) workers’ compensation case appealed to the Commonwealth of Massachusetts Appeals Court was woman who injured her back in mid-March of 2014 while working as a law librarian for a law firm. The plaintiff first sought medical treatment for her back injury in June 2014. She permanently left her employment in December 2014, at which time she was allegedly still suffering from pain, muscle spasms, and swelling. In September 2015, the employer’s workers’ compensation insurer filed a complaint to discontinue the claimant’s disability benefits.

Continue reading

By

When someone is injured by another’s breach of the duty of due care, he or she has a right to file a negligence claim seeking compensation from the responsible party for his or her personal injuries. This includes payment for medical expenses, lost earnings, pain and suffering, and other damages.

A Massachusetts wrongful death action may lie when a person is killed by another’s negligence. These suits are typically brought by the personal representative of the victim’s estate, acting on behalf of the beneficiaries enumerated under the state’s wrongful death statute, and, if successful, may result in the awarding of different elements of damages than would have been available in a personal injury lawsuit filed by the victim. The state’s highest court recently clarified the relationship between these two types of claims.

Facts of the Case

In a recent case, the plaintiff was the personal representative of a man who died in a scuba diving accident in 2014. The plaintiff filed a lawsuit against the defendants, the manufacturer of the decedent’s dry suit, the person who supplied the decedent’s diving equipment, and the dive leader, seeking to assert a wrongful death claim under Massachusetts General Laws ch. 229, § 2. The plaintiff settled her case against all defendants except the dive leader. Thereafter, the dive leader filed a motion for summary judgment, relying upon a release and covenant not to sue that the decedent signed prior to his death. The trial court granted the motion, and the plaintiff appealed. The Massachusetts Supreme Judicial Court transferred the case from the intermediate appellate court on its own initiative.

Continue reading

By

More and more often, defendants in Cape Cod wrongful death and personal injury lawsuits are attempting to circumvent the traditional litigation process in cases charging them with negligent or reckless conduct. Of course, this tactic is more common in certain scenarios than in others. For example, in nursing home negligence cases, defendant care facilities often rely on clauses agreeing to arbitration – usually signed along with other paperwork when the patient was admitted to the nursing home – in their quest to avoid the courthouse. A recent case addressed the question of whether or not such an agreement was enforceable against the wrongful death beneficiaries of a deceased patient on whose behalf such an agreement had been signed.

Facts of the Case

In a case recently ruled upon by the Supreme Judicial Court of Massachusetts, the plaintiff was the personal representative of her mother’s estate. Prior to her mother’s admission into the defendant nursing home, the plaintiff signed an arbitration agreement on her mother’s behalf (the plaintiff had power of attorney for the mother). After the mother passed away in 2013 due to the defendant’s alleged negligence, the plaintiff filed a wrongful death lawsuit in state court against the defendant, seeking monetary compensation for her mother’s death. The defendant insisted that the Federal Arbitration Act barred the plaintiff’s lawsuit.

The defendant filed suit in federal court. On appeal from a federal district court’s order compelling arbitration, the United States Court of Appeals for the First Circuit certified two questions to the state’s highest court pursuant to Massachusetts Supreme Judicial Court Rule 1:03. One of those questions pertained to whether the Massachusetts wrongful death statute, which was codified at Massachusetts General Laws ch. 229, § 2, provided rights to statutory beneficiaries’ derivative of, or independent from, what would have been the decedent’s own cause of action.

Continue reading

By

Not every bad result in an operating room or emergency treatment center results in a finding of medical negligence. After all, some patients have medical conditions that may not respond to treatment, and some have diseases or injuries for which there is no cure.

However, if a particular patient could have been saved through the exercise of reasonable medical care but, instead, dies because the treating physician’s care fell below the standard of competency for doctors who regularly perform such procedures, a Cape Cod medical malpractice lawsuit may be possible. An attorney who practices in this area will need to review the facts of your loved one’s particular case in order to determine whether there is a reasonable chance for success on the merits before going forward with the case.

Facts of the Case

In a recent case, the plaintiff was the surviving spouse and personal representative of a woman who died after undergoing surgery for treatment of a hiatal hernia in her diaphragm. The plaintiff brought a medical malpractice wrongful death lawsuit against the defendants, a doctor, a nurse, and the professional corporation for whom they worked, alleging that defendants’ treatment of the decedent fell below the standard of care for an average qualified surgeon and nurse and that this breach of care was a substantial factor in the decedent’s death. The defendants answered that the decedent died as a result of longstanding damage to her heart caused by her hiatal hernia rather than from any alleged negligence committed by them.

Continue reading

By

In a Cape Cod personal injury lawsuit, there are many laws, procedures, and rules that guide a case through the legal system. Experienced litigation attorneys are schooled in these matters and have systems in place to make sure that everything is filed in a timely and appropriate matter.

Those who chose to represent themselves – rather than hire a knowledgeable accident and injury attorney – are at a huge disadvantage in the court system. While a pro se litigant may be able to access some information about the court system online or at a law library, this limited knowledge is very rarely enough to result in a successful outcome in the case. Much more frequently, the plaintiff ends up having his or her case dismissed – often on procedural grounds – effectively forfeiting any chance of obtaining a verdict against the opposing party.

Facts of the Case

In a recent case heard by the Massachusetts Supreme Judicial Court, the record was sparse, but it appeared that the plaintiff was a man who had attempted to represent himself pro se in a personal injury lawsuit asserting a negligence claim against the defendant grocery store. The district court apparently dismissed the plaintiff’s cause of action. Rather than file a traditional appeal from the district court’s ruling, the plaintiff filed a petition in the county court, relying upon Massachusetts General Laws ch. 211, § 3 and seeking review of certain aspects of the district court’s ruling in his personal injury case.

Continue reading

By

Most Cape Cod medical malpractice lawsuits are based on the principles of negligence law. To prove negligence, the plaintiff must prove that the defendant healthcare provider breached the applicable standard of care and that this breach was the proximate cause of the damages for which he or she seeks monetary compensation.

In addition to negligence-based malpractice allegations, some plaintiffs’ malpractices cases may involve other types of civil wrongs, such as battery or intentional infliction of emotional distress. It is possible that the plaintiff in such a case might be successful on some, but not all, of his or her claims. Ultimately, it is up to the trial court judge and the jury (if the case gets that far) to determine these issues.

Facts of the Case

In a recent case, the plaintiffs included the administratrix of a deceased cancer patient and a relative of the patient. According to the plaintiff’s medical malpractice complaint, the defendant medical providers had committed several acts of medical malpractice upon the deceased patient prior to her death. The plaintiffs sought compensation for these instances of medical negligence as well as for battery and intentional infliction of emotional distress.

Continue reading

By

It is no secret that having the right automobile accident insurance is important, but many people do not truly understand the type of insurance that they need or even what coverage they currently have. Unfortunately, some drivers do not learn that they have inadequate coverage until they have been involved in a Cape Cod car accident. By then, of course, it is too late to get the appropriate coverage for that particular accident. Knowing what coverage you have, what additional coverage may be advisable, and how different types of coverage work is very important. Below, we discuss several different types of insurance coverage that can protect a family in the event of a crash.

“No-Fault” Does Not Always Mean No Lawsuit

Massachusetts is a “no-fault” state for purposes of automobile accident insurance. Under no-fault laws, drivers are required to purchase personal injury protection (PIP) insurance that will cover a certain dollar amount of medical expenses and a portion of lost wages resulting from an accident, regardless of who caused the collision. However, “no-fault” does not mean that no one can ever be held legally liable for injuries caused by an accident, nor does it mean that all of the insured driver’s expenses are covered under PIP. While each party must rely on his or her own insurance to pay minor expenses associated with a car accident, those who meet a certain threshold established by state statute have the right to file a traditional negligence lawsuit seeking full compensation from the responsible party.

Drivers are also required to purchase liability insurance to cover damages in the event that they are found to be at fault in an accident and the other driver (or a passenger) is able to get past the no-fault threshold and proceed toward traditional tort liability. Currently, the minimum coverage for bodily injury to others is $20,000 per person or $40,000 per accident. There is also a compulsory requirement for property damage (payable when the insured driver causes damages to someone else’s vehicle by causing an accident); the mandatory minimum is $5000 at present.

Continue reading

By

When a defective product causes injury or death to a consumer, the consumer (or his or her family) may be able to recover a settlement or judgment against the company that made the product. In some situations, the wholesaler and or seller may also be liable. There are several different legal theories upon which the consumer may rely on in a Cape Cod products liability lawsuit. These theories include (but are not necessarily limited to) design defect, manufacturing defect, strict liability, failure to warn, and breach of warranty. It is important that a person who has been hurt by a dangerous product get legal advice in a timely fashion, lest his or her claim become time-barred under state products liability laws.

Battery Banks Recalled

Most of us rely heavily on our cellphones these days, and a dead battery can disrupt not only our entertainment but also our ability to communicate and, when we are traveling, navigate. Portable power banks have become very popular, as we often need additional battery power to get us through a long day or a weekend trip. Unfortunately, power banks are not without risk. Recently, the United States Consumer Product Safety Commission (CPSC)  issued a recall of certain 10,000 mAh power banks because the banks’ battery may overheat and cause a fire. Consumers are advised to stop using the recalled products immediately.

Interestingly, these banks are not associated with a particular brand. Rather, they may contain a company logo on the front and or back of the product. This is because they were distributed as promotional items at meetings or other events rather than sold directly to the public. If you have suffered a fire or a burn caused by one of these banks or another lithium-ion battery product, you may be able to seek compensation via a products liability claim against the manufacturer of the device.

Continue reading

By

Maintaining a personal injury or wrongful death claim against a governmental entity can be difficult. In fact, there was once a time in which such claims were not allowed under the law. Nowadays, however, a Cape Cod personal injury lawsuit against the government may be possible in some situations, although it can be expected that the government will attempt to get the case dismissed, if at all possible. Even if the claim survives a motion to dismiss, there may be limitations on the amount of damages available to the plaintiff for his or her injuries. There may also be other procedural hurdles, including the requirement of formal notice within a relatively short period after the accident.

Facts of the Case

In a recent Massachusetts Appeals Court case, the plaintiffs were a mother, father, and minor child who sought compensation from the defendant, a state child services department, for injuries suffered by the minor child due sexual assault by a foster child whom the family had taken in. Although the placement was supposed to be short-term, the defendant left the foster child (a 12-year-old boy) in the plaintiff foster parents’ care for several months. Unbeknownst to the plaintiffs – but known by the defendant – the foster child had a history of both having been sexually abused himself and also being the perpetrator of sexual abuse.

After the minor child (a 5-year-old girl) disclosed that the foster child had sexually assaulted her, the plaintiffs filed suit against the defendant, claiming that the defendant had been negligent in placing the foster child with them and that the defendant had breached a contractual agreement under which the defendant had agreed to provide the plaintiffs with “sufficient information” about any proposed foster child to enable them to knowledgeably determine whether to accept the child.

Continue reading