When someone loses a loved one due to the negligence of an individual, business, or governmental entity, he or she should consider discussing the possibility of a wrongful death lawsuit with a qualified Massachusetts civil litigation attorney. It is important that this be done in a timely manner in order to comply with the statute […]
Articles Posted in Wrongful Death
Massachusetts Court Finds that Plaintiff in Medical Malpractice Lawsuit Presented Enough Proof to Reviewing Tribunal to Move Forward to Trial as to Some Defendants
Filing a Cape Cod medical malpractice lawsuit is a multi-step process. Unlike other types of negligence cases (such as those stemming from car crashes or slip and fall accidents), a plaintiff must first present his or her proof to a reviewing board. If this tribunal does not find that the plaintiff has presented sufficient evidence […]
Dismissal of Wrongful Death Suit Against Homeowners on Summary Judgment Affirmed by Massachusetts Court of Appeals
When someone is killed while working on another’s property, those left behind may wish to consider the possibility of filing a Cape Cod wrongful death lawsuit. Of course, the likelihood of success in such a case depends very much on the particular circumstances of the decedent’s passing. If the personal representative of the decedent’s estate […]
Massachusetts Wrongful Death Case Arising from Shooting of Mentally Ill Man Dismissed on Summary Judgment
When 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 […]
Change of Venue in Case Arising from Sunken Ship Transferred to Federal District Court in Massachusetts
In a Massachusetts wrongful death suit seeking compensation for the death of a loved one, a claim must be filed in a court with appropriate jurisdiction and venue over the matter. Generally speaking, venue in a personal injury or wrongful death case can be found in the county and state in which the accident happened. […]
Massachusetts Court Holds That Hospital Owed No Duty to Stabbing Victim After Mental Health Patient Was Released
The 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 […]
Massachusetts Court of Appeals Affirms $20 Million Judgment After Customer’s Death at Convenience Store
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 […]
Court Holds That There Can Be a Limited Duty for a University to Attempt to Prevent a Student’s Suicide in Massachusetts
Suicide claims tens of thousands of lives annually in the United States alone, including a disproportionate number of those in their teens and twenties. Given that there are more than 10 times the number of emergency department visits for self-inflicted injuries as there are completed suicides, there can sometimes be a window of opportunity to […]
Wrongful Death Suit Alleging Malpractice in Mental Health Treatment Dismissed by Massachusetts Court of Appeal Due to Insufficient Offer of Proof
Filing a claim for medical negligence in Cape Cod or elsewhere in Massachusetts can be a complicated endeavor. It pays to talk to an attorney as soon as possible after suspecting that you or someone close to you has been hurt by an act of medical malpractice. It takes a considerable amount of time to […]
Malpractice Claimant’s Offer of Proof Was Sufficient to Raise Legitimate Question of Liability, According to Massachusetts Appeals Court
Unlike car accident or slip and fall cases, Cape Cod medical malpractice lawsuits require that the plaintiff make an offer of proof before a special tribunal. If the tribunal does not find that the plaintiff’s offer is adequate, the plaintiff may post a bond within a certain time period, or he or she may appeal […]