Cape Cod Injury Lawyer Blog

January 15, 2021

Massachusetts Woman’s Wrongful Death Suit Against City Due to Fire Truck’s Delay in Responding to Stabbing Dismissed on Appeal

There can be several different defendants in a Cape Cod wrongful death lawsuit. This can include individuals, businesses, and even governmental entities. While many of the same rules apply regardless of the identity of particular defendants, sometimes there must be a different approach to a certain defendant.

For instance, claims against the government proceed differently in many situations, as compared to cases involving only private citizens or businesses. Sometimes, the claims period is shorter, or notice must be given by a certain date. This can effectively mean that an injured person must act much more quickly when suing a governmental entity.

Also, the government may be immune from certain types of lawsuits. Even where a suit is allowed, there can be limitations on the amount of money damages that can be awarded to a claimant in some cases involving the government.

January 8, 2021

Massachusetts Appellate Court Says Car Accident Litigants Had No Right to Contribution from Particular Insurance Company

By John C. Manoog III

Some Cape Cod car accident lawsuits involve more claims and/or more parties than others. In a “routine” case, the plaintiff seeks compensation from the defendant, or, in actuality, from the defendant’s insurance company. If the fault in the accident was not clear, the defendant may file a counterclaim against the plaintiff (and, by extension, the plaintiff’s insurance company).

There are sometimes cases, however, in which there are other parties and even other insurance companies involved. One example of this might be a case in which one or more of the parties was driving a vehicle that did not belong to them and was, thus, insured by a liability insurance company other than the plaintiff’s or the defendant’s.

In such a situation, it is possible that there could be coverage for the accident from more than one insurance company. The question of which company ultimately pays the verdict, or how the verdict should be allocated between them, may arise at some point in the litigation.

December 28, 2020

Massachusetts Appeals Court Affirms Dismissal of Medical Malpractice Case Against Doctor, Nurse, and Student Physician’s Assistant

By John C. Manoog III

Doctors and nurses make mistakes. Sometimes, these errors in judgment cause serious harm to patients. When this happens, the injured individual has a right to seek fair compensation through a Cape Cod medical malpractice claim.

However, it is important to note that medical malpractice cases can be difficult to pursue. The insurance companies that represent healthcare facilities and medical professionals have plenty of financial resources to fight a finding of liability, if possible.

It is important to consult a knowledgeable malpractice attorney if you believe that you have a medical negligence claim. An attorney experienced in this area of the law can help you review your medical records, consult an appropriate expert witness to render an opinion regarding whether an act of malpractice occurred, and, if the case proceeds to trial, explain the complex medical issues to the jury in a way that they can understand.

December 19, 2020

Massachusetts Family’s Medical Malpractice Case for Death of Loved One Dismissed on Multiple Grounds

By John C. Manoog III

The plaintiff in a Cape Cod medical malpractice case not only bears the burden of proof at trial, but he or she also has several obligations in the pre-litigation phase of the case. Generally, the first step is a careful review of the injured or deceased person’s medical records by an expert in the field of medicine at issue.

However, the inquiry does not end there. The expert must be prepared to give a formal opinion as to any deviations of care on the part of the patient’s treating physicians and how those deviations affected the patient. Ultimately, the expert may be called upon to defend those opinions in a court of law.

Because medical malpractice cases have several special requirements, it is important that the plaintiff be represented by experienced, highly qualified legal counsel. It is a given that the doctor, nurse, or hospital will have a team of legal professionals on his or her side of the case, and the plaintiff’s attorney must be prepared to wage a vigorous fight at trial, if necessary.

December 12, 2020

Massachusetts Court Finds No Constitutional Prohibition Against Defendant’s Home Confinement or GPS Monitoring While Awaiting Outcome of Motion for New Trial

By John C. Manoog III

If you have been arrested on a felony or misdemeanor charge, a conversation with a Cape Cod criminal defense attorney regarding the details of your situation is crucial in preventing your rights under the United States Constitution from being violated. During the arrest and investigative stage of proceedings, one of the most important of these rights is the right under the Fourth Amendment to be free from unreasonable searches and seizures. Generally speaking, this means that officers must secure a search warrant to search your vehicle or residence unless one of the limited exceptions established by caselaw is present.

During trial, you have a Sixth Amendment right to the assistance of counsel, as well as the right to a jury trial and the right to cross-examine witnesses presented by the government in its case against you. The Sixth Amendment also guarantees those accused of criminal activity the right to be informed of the charges being brought against them and the right to a “speedy” trial.

Once a conviction has taken place, a criminal defendant is protected against cruel and unusual treatment by the Eighth Amendment. Knowing your legal rights at each step of a criminal case is important, as law enforcement must be kept in check lest they overstep their bounds. Continue reading

December 5, 2020

Massachusetts Appellate Tribunal Affirms Dismissal of Bad Faith Case Against Insurer Following Car Accident

By John C. Manoog III

When someone is injured in a Cape Cod car accident, the insurance company that insures the at-fault motorist has certain responsibilities to the injured individual(s). If these obligations are not met, there is a possibility of litigation against the company later on.

In many instances, it is the insured motorist who brings suit against his or her own insurance company. For example, a person whose insurance company had an opportunity to settle a lawsuit against him or her for policy limits but refused to do so might seek money damages after a jury awards a substantially higher verdict at trial.

There are also some situations in which someone else might bring suit against the insurance company. One way that this can happen is through an assignment of rights from the insured person to a third party, perhaps a person injured in the accident.

November 25, 2020

Contact a Product Liability Attorney in Massachusetts If You Are Hurt by a Defective Product During the Holidays

By John C. Manoog III

While the coronavirus pandemic will likely mean that everyone’s holiday season is at least a little bit different this year as compared to years past, there are some things that remain the same. Gifts will be exchanged. Special meals will be planned. Accidents, injuries, and illnesses will happen, possibly triggering a Cape Cod product liability lawsuit.

While not every product mishap will result in an injury or illness significant enough to trigger litigation, some, unfortunately, will. Fortunately, the law provides some protection against unreasonably safe products, provided that the consumer does his or her part to assert a claim in a timely fashion.

As in other types of personal injury litigation, the burden of proof in product injury cases is on the injured individual, so it is important that any evidence concerning the bad product be saved and preserved as possible evidence. Contacting an experienced product liability attorney is also a critical step in the process of receiving fair compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by a defective product.

November 19, 2020

Massachusetts Supreme Judicial Court Vacates OUI Conviction After Forced Blood Test

By John C. Manoog III

In a Massachusetts criminal case, such as a matter in which someone is accused of operating a vehicle under the influence, there are several potential defenses that may be asserted by the defendant. One of these is a violation of the defendant’s constitutional rights during the collection of the evidence that the Commonwealth seeks to use to prove its case at trial.

One such example would be evidence that was illegally seized in violation of the Fourth Amendment to the United States Constitution. This amendment forbids unreasonable searches and seizures and requires that probable cause be shown before a search warrant is issued.

The burden of proof in a criminal prosecution is on the Commonwealth, so excluding illegally obtained evidence at trial can be an important step to a defendant in his or her quest for justice. Without certain key evidence, it may be possible to have charges reduced or, in some instances, get a Cape Cod drunk driving case dismissed.

November 10, 2020

Massachusetts Court of Appeals Vacates Medical Malpractice Tribunal’s Dismissal of Case

By John C. Manoog III

There are many steps that must be completed in order to recover fair monetary compensation for injuries or wrongful death at the hands of a health care professional in Massachusetts. One of the first hurdles that must be crossed is making it past the decision of the medical malpractice tribunal that reviews such cases as part of the legal process.

In order for a Cape Cod medical malpractice case to proceed past the tribunal and onward toward trial, there must be enough evidence of negligence by the defendants for the tribunal to find that there is a legitimate question of liability. Not every case “makes the cut,” so to speak. Sometimes, even though the patient was hurt or may even have died, there just isn’t enough evidence of wrongdoing by the doctor or other medical professional for the case to make it past the tribunal.

Of course, opinions can vary as to whether the threshold has been met. Sometimes, a plaintiff appeals a decision that would have terminated his or her case and finds legal recourse in the appellate process.

November 6, 2020

Massachusetts Appeals Court Affirms Summary Judgment in Favor of College and Softball Teammate in Player’s Personal Injury Lawsuit

By John C. Manoog III

Most Cape Cod personal injury cases are pursued on a theory of negligence. To prove that a defendant was negligent, the plaintiff must show that the defendant owed the plaintiff a legal duty, that the defendant’s conduct breached this duty, and that, as a proximate result, the plaintiff suffered legally compensable damages.

Sometimes, however, a defendant may be accused of conduct that surpassed that of simple negligence in terms of its culpability. This is called gross negligence or recklessness by the courts.

An example of simple negligence might be a defendant slightly exceeding the speed limit and causing a collision. Gross negligence, by contrast, might occur if a defendant was driving while intoxicated and exceeding the speed limit not just by a few miles per hour but perhaps 30 or 40 miles per hour.