There are many steps to receiving fair compensation for injuries suffered due to the negligence of others. The first step in a typical Cape Cod personal injury lawsuit is an investigation into the accident giving rise to the plaintiff’s claim. The case then proceeds through a phase called “discovery,” during which issues such as the defendant’s alleged breach of duty and the plaintiff’s medical treatment and expenses are explored.
If an amicable settlement cannot be reached between the parties, the next step is a trial. In the case of a jury trial, each party can ask the court to give the jury specific instructions, based on his or her view of the law that is applicable to the facts of the case. It is up to the trial court judge to decide which instructions will actually be given. If one side or the other is displeased with the judge’s instructions, an appeal may follow the jury’s verdict.
Facts of the Case
In a recent (unreported) case decided by the Commonwealth of Massachusetts Appeals Court, the plaintiff filed suit against the defendant inn, seeking payment for personal injuries that she allegedly suffered when she fell on the defendant’s property and broke her arm. According to the plaintiff, the defendant’s negligence was to blame for her fall. The case was tried to a jury, which returned a verdict in the inn’s favor on the plaintiff’s negligence claim. The plaintiff appealed.