Cape Cod Injury Lawyer BlogMaintaining 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 […]
Articles Posted in Negligence
Massachusetts Statute of Repose for Construction Defects Did Not Bar Claim Relating to Natural Gas Fire
If you have a potential negligence claim against an individual, business, or entity of the government, it is very important to remember that Cape Cod personal injury, wrongful death, and property damage claims can be subject to both a statute of limitations and a statute of repose. The difference between these two limitations periods is […]
Under Massachusetts Law, an Insurance Company Still Owes Certain Duties to a Third-Party Claimant, Despite Professional Insured’s Refusal to Consent to Settle
Although you might not realize it if you were watching a Cape Cod personal injury case play out in a court room, the vast majority of negligence claims are actually paid by an insurance company, not the defendant himself or herself. Many negligence cases are settled out of court, but, even if a particular case […]
Court Refuses to Reverse Ruling Imposing At-Fault Accident Insurance Surcharge Following Massachusetts Crash
Under Massachusetts law, contributory negligence does not necessarily bar recovery of monetary compensation for damages suffered in a car accident. Generally speaking, this means that being “a little at fault” in causing a crash does not prevent an injured person from filing suit to recover compensation for lost wages, medical expenses, and pain and suffering […]
Massachusetts Court Affirms Summary Judgment to Player, Coaches, and Refs in Hockey Player’s Personal Injury Lawsuit
In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation. For example, generally speaking, it would not be considered reasonable to run into […]
Massachusetts Court of Appeals Affirms Dismissal of Worker’s Infliction of Emotional Distress Claim But Says She Should Have Been Allowed to Add FMLA Claim
Massachusetts workers have certain protections under state and federal law. For instance, most workplace injury cases fall under the provisions of Massachusetts workers’ compensation laws. Generally speaking, if a worker’s injury is covered by workers’ compensation, he or she will not be able to file a negligence lawsuit against the employer or a co-worker. While […]
Massachusetts Supreme Judicial Court Issues Instructions for Reviewing a Tort Settlement When a Liability Insurer Objects to the Terms
The vast majority of Cape Cod car accident lawsuits are settled out of court. In most cases, the parties’ respective automobile accident liability insurance companies are part of the settlement process and, consequently, are bound by the terms of the settlement. Sometimes, however, instances arise in which an insurance company may not be part of […]
Massachusetts Appellate Court Says Lower Tribunal Should Not Have Entered Separate and Final Judgment in Tenant’s Suit Against Landlord and Appliance Store Following Explosion
It is not unusual for a Cape Cod premises liability, personal injury, or other negligence-based lawsuit to involve multiple claims against multiple defendants. When this happens, a plaintiff may opt to settlement some claims against some parties, while the remaining claims proceed to trial. The procedural hurdles involved in such a situation must be carefully […]
Non-Resident Was Exempt from Massachusetts PIP Insurance Requirements
Under Massachusetts law, there are certain requirements for those who operate motor vehicles within the Commonwealth. In a Cape Cod car accident case, a dispute may arise as to whether a driver was in compliance with these laws at the time of the accident. It should be noted that some of the rules that affect […]
Defendants’ Appeal in Slip and Fall Case Dismissed for Failure to File Required Paperwork Within Time Set by Massachusetts Rules of Appellate Procedure
Hopefully, by now most people know how it important it is to file a claim for damages within the statute of limitations following a Cape Cod accident. However, many individuals may not realize that there can be additional matters of timeliness that must also be complied with, if a case is to be handled as […]