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Articles Posted in Negligence

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funeralWhen someone causes the death of another person through an act of negligence or conduct that is considered to be willful, wanton, or reckless, the wrongdoer may be held liable through a Massachusetts wrongful death lawsuit. Of course, liability will not apply in every instance in which one person is responsible for the death of another, as there are several legal defenses to a civil lawsuit claiming wrongful death.

If the defendant believes that he or she has a defense to the plaintiff’s claims such that a finding of liability would be improper, he or she may file a motion to dismiss the plaintiff’s case. The trial court must then decide whether the plaintiff’s case should be dismissed or should proceed to trial.

Facts of the Case

In a recently reported case, the plaintiff was the personal representative of the estate of a man who was killed by the defendant state trooper during an incident in 2013. The decedent had a long history of mental illness and sometimes failed to comply with doctor’s orders regarding the taking of his prescription medication. On the day of the incident at issue, the decedent had allegedly been traveling erratically along a multi-lane state highway before coming to a stop on the side of the road. Another motorist called 911, and the defendant trooper responded to the call during which the decedent was shot.

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prescription drugsA Cape Code product liability lawsuit can arise from many different types of products, including prescription medications. Drug-based product liability cases can involve products that were defectively designed or manufactured, but more often they may claim that the manufacturer failed to warn consumers of possible complications from usage of the medication.

Of course, the plaintiff has the burden of proving that the defendant is liable for his or her injuries, and this can be a challenge in many cases. If the plaintiff’s complaint does not alleged sufficient facts to support a viable cause of action against the defendant, the trial court may dismiss the plaintiff’s case.

Facts of the Case

In a case recently ruled upon by the United States District Court for the District of Massachusetts, the plaintiff was a man who claimed that he suffered serious side effects from a prescription medication and that the defendants, a drug manufacturer and a research and development company, failed to warn him of these possible issues. The drug in question was Risperdal, which is an anti-psychotic drug. The plaintiff, who is an inmate at a correctional institution in Bridgewater, Massachusetts, was purportedly prescribed the drug due to a diagnosis of a personality disorder. According to the plaintiff, the drug caused him to gain weight, have tremors, and develop gynecomastia (increased breast tissue).

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medical assessmentIn a Cape Cod car accident case, the plaintiff may seek reimbursement of medical expenses and lost wages necessitated by the motor vehicle collision. He or she may also seek money damages for pain and suffering in most cases.

However, if the plaintiff’s medical expenses are $2000 or less, he or she is not entitled to compensation for pain and suffering unless certain exceptions (such as permanent disfigurement or loss of sight) apply.

Facts of the Case

In a recent unreported court decision issued by the Commonwealth of Massachusetts Appeals Court, the plaintiff was allegedly injured while riding in a wheelchair inside a vehicle owned by one defendant and driven by the other. According to the plaintiff, the driver stopped abruptly, causing her to fall part of the way out of her wheelchair. At trial, the plaintiff introduced certified copies of her medical records, but she did not submit any evidence of her medical costs. Continue reading

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financialWhen the negligence of an individual, business, or governmental entity causes physical harm or death to someone, the accident victim (or his or her family, if the victim perished) has a legal right to seek compensation for medical expenses, lost wages, and other damages through a Massachusetts personal injury or wrongful death lawsuit.

If the case proceeds to a jury trial and the plaintiff is successful, he or she may also be entitled to prejudgment interest on the damages award entered by the jury.

Facts of the Case

In a recent federal case, the plaintiffs obtained a jury verdict against the defendants, an equipment company and another business, awarding them $8,250,000 in damages for injuries suffered due to the defendants’ negligence. Thereafter, the plaintiffs filed a motion seeking 12% prejudgment interest on the total amount of the judgment from February 25, 2015, until the day the judgment was entered. The defendants opposed the motion, arguing that the portions of the jury’s verdict pertaining to future lost earnings and future medical and personal care were not subject to prejudgment interest. Continue reading

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property parcelsIn order to prevail on a claim that one has suffered personal injury, property damage, or a loved one’s wrongful death, the plaintiff in a Massachusetts negligence lawsuit must be able to prove four elements: duty, breach of duty, damages, and causation.

The question of whether causation exists in a given case is dependent, in part, on whether the injury that befell the plaintiff was reasonably foreseeable to the defendant under the facts of the case.

Facts of the Case

In a recent lawsuit between two businesses who shared a parking lot, the plaintiff alleged that one of the defendant’s employees left a piece of heavy-duty equipment unlocked, unattended, and running (with keys in the ignition) in the parties’ shared parking lot in the middle of the night and that an “unauthorized third-party” (i.e., a vandal) used the piece of equipment to inflict extensive damage on some of the plaintiff’s property. Continue reading

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medical assessmentThe underlying premise of the body of law known as “negligence” is that those who breach a duty to those whom such a duty is owed should be held financially liable for the foreseeable consequences of their action (or inaction, as the case may be).

This means that, in a Massachusetts wrongful death lawsuit, the plaintiff has the duty of proving all four elements of negligence (duty, breach of duty, damages, and causation) by a preponderance of the evidence.

Typically, the arguments at trial revolve around whether a duty was breached and, if so, how money the plaintiff should be awarded for his or her losses. However, sometimes the parties disagree as to whether the defendant owed a legal duty to the plaintiff under the circumstances of the case. In such a situation, it is up to the courts to decide.

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Unlike other personal injury and wrongful death lawsuits, Massachusetts medical malpractice claims must be reviewed by a special tribunal before they may proceed in a regular courtroom. If the tribunal does not believe the claim has merit, the plaintiff has the option of filing a bond and continuing with his or her case. A recent appellate court decision dealt with this procedure, answering the question of whether the bond has to be in cash or whether a surety bond will suffice.Legal News Gavel

Facts of the Case

In the recently reviewed appellate case, the plaintiff was a man who sought to recover compensation for an alleged act of medical negligence by the defendant health care provider. He commenced his action pursuant to Massachusetts General Laws chapter 231, § 60B, and a medical malpractice tribunal was convened to review the evidence against the defendant. After consideration, the tribunal concluded that the plaintiff had not presented sufficient evidence to raise a legitimate question of liability appropriate for judicial inquiry, as required under Massachusetts law.

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Legal News Gavel
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.

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Legal News GavelIn 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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Legal News Gavel
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

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