Cape Cod Injury Lawyer Blog

February 7, 2021

Massachusetts Appeals Court Considers Case Involving Injury Caused by Dog Fight

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.

January 28, 2021

Massachusetts Appeals Court Affirms Limitations on Worker’s Temporary Total Disability Benefits

By John C. Manoog III

Under Massachusetts’ workers’ compensation laws, employees who are hurt on the job and unable to work as a result are entitled to certain benefits. Included among these is the right to temporary total disability payments.

In order to receive temporary total disability benefits, the employee must be able to show that he or she suffered a total incapacity for work during the relevant time period. For employees who qualify, the employer (typically through its workers’ compensation insurance company) is obligated to pay the employee a benefit equal to 60% of his or her average weekly wage.

Of course, such payments are subject to minimums and maximums, and there is a time limit on the receipt of such payments. Under the current statutory scheme, an employee may not receive more than 156 weeks of temporary total disability payments.

January 23, 2021

Massachusetts Woman’s Wrongful Death Case for Husband and Son’s Death in Canadian Hotel Should Not Have Been Dismissed

By John C. Manoog III

A Cape Cod wrongful death or personal injury lawsuit cannot succeed unless the plaintiff is able to prove that the defendant’s negligence caused the accident victim’s death or physical harm. This must be proven by a preponderance of the evidence, via legally admissible evidence.

Of course, this assumes that the case ultimately makes its way into a courtroom and is tried in front of a judge and jury. It is important to note that there are a lot of steps that may occur before this happens.

First and foremost, the court in which the suit is filed must have jurisdiction over the case. This encompasses both the right to adjudicate the subject matter of the suit and also power over the particular defendants, a concept known as “personal jurisdiction.”

January 15, 2021

Massachusetts Woman’s Wrongful Death Suit Against City Due to Fire Truck’s Delay in Responding to Stabbing Dismissed on Appeal

By John C. Manoog III

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.

December 28, 2020

Massachusetts Appeals Court Affirms Dismissal of Medical Malpractice Case Against Doctor, Nurse, and Student Physician’s Assistant

By John C. Manoog III

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.

December 19, 2020

Massachusetts Family’s Medical Malpractice Case for Death of Loved One Dismissed on Multiple Grounds

By John C. Manoog III

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.

December 12, 2020

Massachusetts Court Finds No Constitutional Prohibition Against Defendant’s Home Confinement or GPS Monitoring While Awaiting Outcome of Motion for New Trial

By John C. Manoog III

If you have been arrested on a felony or misdemeanor charge, a conversation with a Cape Cod criminal defense attorney regarding the details of your situation is crucial in preventing your rights under the United States Constitution from being violated. During the arrest and investigative stage of proceedings, one of the most important of these rights is the right under the Fourth Amendment to be free from unreasonable searches and seizures. Generally speaking, this means that officers must secure a search warrant to search your vehicle or residence unless one of the limited exceptions established by caselaw is present.

During trial, you have a Sixth Amendment right to the assistance of counsel, as well as the right to a jury trial and the right to cross-examine witnesses presented by the government in its case against you. The Sixth Amendment also guarantees those accused of criminal activity the right to be informed of the charges being brought against them and the right to a “speedy” trial.

Once a conviction has taken place, a criminal defendant is protected against cruel and unusual treatment by the Eighth Amendment. Knowing your legal rights at each step of a criminal case is important, as law enforcement must be kept in check lest they overstep their bounds. Continue reading

December 5, 2020

Massachusetts Appellate Tribunal Affirms Dismissal of Bad Faith Case Against Insurer Following Car Accident

By John C. Manoog III

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.

November 25, 2020

Contact a Product Liability Attorney in Massachusetts If You Are Hurt by a Defective Product During the Holidays

By John C. Manoog III

While the coronavirus pandemic will likely mean that everyone’s holiday season is at least a little bit different this year as compared to years past, there are some things that remain the same. Gifts will be exchanged. Special meals will be planned. Accidents, injuries, and illnesses will happen, possibly triggering a Cape Cod product liability lawsuit.

While not every product mishap will result in an injury or illness significant enough to trigger litigation, some, unfortunately, will. Fortunately, the law provides some protection against unreasonably safe products, provided that the consumer does his or her part to assert a claim in a timely fashion.

As in other types of personal injury litigation, the burden of proof in product injury cases is on the injured individual, so it is important that any evidence concerning the bad product be saved and preserved as possible evidence. Contacting an experienced product liability attorney is also a critical step in the process of receiving fair compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by a defective product.

November 19, 2020

Massachusetts Supreme Judicial Court Vacates OUI Conviction After Forced Blood Test

By John C. Manoog III

In a Massachusetts criminal case, such as a matter in which someone is accused of operating a vehicle under the influence, there are several potential defenses that may be asserted by the defendant. One of these is a violation of the defendant’s constitutional rights during the collection of the evidence that the Commonwealth seeks to use to prove its case at trial.

One such example would be evidence that was illegally seized in violation of the Fourth Amendment to the United States Constitution. This amendment forbids unreasonable searches and seizures and requires that probable cause be shown before a search warrant is issued.

The burden of proof in a criminal prosecution is on the Commonwealth, so excluding illegally obtained evidence at trial can be an important step to a defendant in his or her quest for justice. Without certain key evidence, it may be possible to have charges reduced or, in some instances, get a Cape Cod drunk driving case dismissed.