Cape Cod Injury Lawyer BlogWorkers’ compensation laws are designed to protect those who are hurt at work. However, different situations in the workplace can result in different outcomes. For example, someone who was working as an independent contractor may have a harder fight when attempting to seek payment for an on-the-job injury than a “regular” employee. If you have […]
Articles Posted in Negligence
Federal District Court in Massachusetts Is Called Upon to Determine Proper Forum for Cross-Claims in Products Liability Lawsuit
In a Cape Cod products liability case, there are likely to be several defendants. This is because several different parties in the chain of distribution – from the manufacturer to the wholesale distributor to the retailer – can potentially be liable to the plaintiff. While it might seem simpler to name only a single defendant, […]
Massachusetts Appellate Court Refuses to Set Aside Arbitration Award in Car Accident Case
While the right to a trial-by-jury in a Cape Cod car accident case is very important, there are sometimes occasions when the parties to such a matter may opt to submit their dispute to arbitration rather than move forward with a traditional trial. Like other kinds of alternative dispute resolution such as mediation, arbitration takes […]
Summary Judgment to Plaintiff is Dog Bite Case Affirmed by Massachusetts Appeals Court
Those who own animals that cause serious injury to others by biting them or otherwise attacking them can be held liable for medical expenses, lost earnings, and other damages. Of course, there are some limitations on this general rule. For instance, if the bite or attack came as a result of the plaintiff provoking the […]
Massachusetts Court of Appeals Rules Against Insurance Company in Unfair Settlement Practices Lawsuit
Some Cape Cod personal injury cases are multi-faceted. In addition to pursuing several different theories of liability and/or naming several defendants in a suit, a plaintiff may also file multiple lawsuits in different courts, seeking different types of compensation, as the case progresses. For instance, a plaintiff may seek compensation for a business owner’s negligence […]
Federal Court of Appeals Affirms, with Modifications, Judgment in Favor of Massachusetts Woman in Unfair Settlement Practices Claim Against Night Club’s Insurer
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 […]
Massachusetts Supreme Judicial Court Answers Federal Appeals Court’s Question About State Wrongful Death Statute
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 […]
Massachusetts Court of Appeals Affirms $2.5 Million Gross Negligence Verdict in Hiatal Hernia Medical Malpractice Case
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 […]
Pro Se Litigant’s Petition for Review Dismissed by Massachusetts Supreme Judicial Court
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 – […]
What Massachusetts Residents Need to Know About Automobile Insurance
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 […]