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Articles Posted in Negligence

There’s a secret that insurance companies don’t want you to know. In almost all Cape Cod negligence cases, one or both parties have insurance of some type. For example, in a car accident case, the defendant most likely has a policy of motor vehicle accident liability insurance, and his or her defense is being paid for by that insurance company. If a verdict is entered against him or her, it is the insurance company – not the defendant – that will actually pay out the money for the judgment.

Insurance companies want you to believe this legal fiction because they believe that, if a juror is aware that the verdict will be paid by an insurance company instead of a real person, the juror will be more likely to find in the plaintiff’s favor – and more likely to award a more sizable verdict if they don’t think the defendant will be paying the verdict out of his or her own pocket.

Sometimes, an insurance company may actually be the plaintiff in a lawsuit and still want its identity to be kept secret. For example, if an insurance company pays out a claim, it may then file a subrogation claim against the person or persons who caused the loss. Even then, the insurance company doesn’t want you to know of its involvement in the case because of the fear that such knowledge would taint the outcome against it.

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Landowners and those who own businesses can be held liable for injuries on their property in many instances. Similarly, those who own animals – dogs in particular (although not exclusively) – can also be held accountable for injuries inflicted on others under certain circumstances.

Of course, not every encounter between humans and animals will result in a finding of negligence against the owner of the dog or other animal in a Cape Cod personal injury lawsuit. It all depends upon the particular encounter and whether the pet owner’s negligence contributed to harm to the plaintiff.

In cases in which an animal’s owner is held liable for a person’s injuries from a bite or other harm, the injured individual may be entitled to substantial money damages. This can include medical expenses, lost earnings, and compensation for pain and suffering, among other things.

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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.

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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.

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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.

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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.

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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.

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As important as it is in a Cape Cod personal injury lawsuit to be able to prove that the defendant’s negligence was the proximate cause of the plaintiff’s injuries, this is only one of several steps in pursuing fair compensation. Additionally, it is important that the plaintiff understand, to the fullest extent possible under the law, the insurance coverage that may be available to the various parties to the lawsuit.

Sometimes, insurance coverage issues become part of the plaintiff’s suit. They may, however, be the source of a separately filed case.

Such was the case in a recent matter arising from an accident at a trade show. Fortunately for the injured individual, the court found that liability coverage was available for the injured man’s accident.

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Cape Cod car accident cases require the plaintiff to prove, by a preponderance of the evidence, that the defendant breached the applicable duty of care and that this breach of care was the proximate cause of the damages for which the plaintiff seeks compensation. Generally speaking, a defendant who crashes her car into an innocent motorist will probably be found to have violated the duty to keep a proper lookout.

However, there are exceptions to this rule. The defendant’s liability hinges on whether he or she failed to act in a reasonably prudent manner, hence causing the accident. There are several factors that can come into play in determining whether the defendant’s actions were reasonable.

Although the issue does not come up very often, it is possible that the defendant may be able to avoid liability by proving that he or she was incapable of acting in a reasonably prudent manner. An example would be a motorist who experiences a sudden medical emergency that causes him or her to lose control of his or her vehicle. While such an event will not always relieve the defendant of responsibility for an accident, there is a good chance that it could. After all, the purpose of negligence law is to encourage individuals to act reasonably. When a medical emergency arises, this may not be possible.

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In a typical Cape Cod personal injury lawsuit, the plaintiff seeks to recover monetary compensation for damages by asserting a claim of negligence. There are four basic elements to the tort of negligence (duty, breach of duty, damages, and proximate causation).

The plaintiff has the duty to prove each element by a preponderance of the evidence. This requires him or her to convince the jury that the evidence weighs more in his or her favor than in the opponent’s (visualize a tipping of the scales of justice, if you will).

There are other possible remedies that can arise from an alleged act of negligence, including what was described by an appellate court as “a seldom used equitable remedy” in a case filed by a nursing home resident in 2018. The appellate court has now weighed in on the dismissal of the woman’s “complaint for discovery.”

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