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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 of limitations for such claims.

Sometimes, there can be other considerations, as well, such as happened in a recent case involving a woman who allegedly passed away due to a nursing home’s negligence. In that case, the personal representative of the woman’s estate found herself as the defendant in a federal lawsuit brought by the nursing home, which alleged that the woman’s claim had to be arbitrated instead of being brought in the court system.

Facts of the Case

The defendant in a recent federal appellate court case was the daughter and personal representative of the estate of a woman who died in 2013 while in the care of a nursing home owned and operated by the plaintiffs. The defendant, acting as personal representative of her mother’s estate, filed a wrongful death lawsuit against one of the plaintiffs in a Massachusetts state court in 2016. According to the defendant’s state court complaint, she brought suit “on behalf of the heirs of the decedent.”

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In addition to the effective assistance of counsel from a Massachusetts criminal defense attorney, a person who is criminally accused also has the right to a fair and impartial jury in a criminal proceeding. This sounds like an easy enough proposition, but there can be many issues that go into the determination of exactly what constitutes “fair” and “impartial” jurors in a given case.

Facts of the Case

In a recent criminal case considered on direct review by the Massachusetts Supreme Judicial Court, the defendant was charged with possession of an illegal substance with intent to distribute. During voir dire, a prospective juror stated that she believed that “the system is rigged” against individuals of the defendant’s general age, gender, and race. That juror was excused for cause by the trial court judge, and the case was tried to a jury that did not include that particular juror.

After being convicted, the defendant sought appellate review of his case, arguing that the trial court judge had abused his discretion in dismissing the prospective juror who had expressed her opinion about the legal system being “rigged.” The supreme judicial court granted an application for direct appellate review.

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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 so as to warrant a trial, his or her case will be dismissed unless a bond is posted.

However, the tribunal’s decision is reviewable by the courts, and sometimes such the tribunal’s decision is reversed on appeal.

Facts of the Case

In a recent (unreported) Massachusetts Appeals Court case, the plaintiff was the personal representative of the estate of a man who allegedly died due to the negligence of the defendants, two hospitals and several doctors. The plaintiff presented her case to a medical malpractice tribunal, which ruled that there was not enough evidence to raise a legitimate issue of liability as to four of the physicians or as to one of the hospitals. The plaintiff did not post the bond required under Mass. Gen. Laws ch. 231, § 60B, and thus the trial court dismissed her case as to those defendants. She appealed.

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Being involved in a Massachusetts automobile accident can be difficult enough, on its own. Damage to one’s automobile, pain and suffering from physical injuries, and time off of work while recuperating are all common problems for those who are hurt due to others’ negligence behind the wheel.

Unfortunately, the accident itself may be only the beginning of an extended period of difficulty for those involved in a crash. Dealing with insurance companies about personal injury protection, property damage claims, and other issues can be extremely difficult and time-consuming, especially for those who are not represented by an attorney.

Facts of the Case

In a recent (unreported) appellate court case, the plaintiff was a medical services provider who filed suit against the defendant insurance company, seeking to recover personal injury protection (PIP) benefits on behalf of a patient who was involved in an automobile accident in 2011. The defendant filed an answer to the plaintiff’s complaint, asserting the affirmative defense of noncooperation.

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Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases.

One reason for this is that those in the construction industry may be injured by someone other than his or her direct employer. A particular individual might also be working as an independent contractor. In such a situation, workers’ compensation may not be available, and the injured person’s only remedy may be to filed a negligence suit against the person or company who he or she believes caused the accident.

Facts of the Case

In a recent case, the plaintiff was construction worker who was severely injured when a porch roof where he was working collapsed and caused him to fall about 12 feet to the ground. The plaintiff filed a negligence lawsuit against the defendants, a contractor on the construction project, a trustee (the property where the accident happened was apparently owned by a trust rather than by an individual or corporation), and the person responsible for the maintenance of the property, seeking payment for his medical expenses of approximately $1.3 million, along with other damages resulting from the fall.

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If you are hurt because of a slip and fall-type accident in or around Cape Cod, do you know how long you have to file a claim against the negligent party who caused the condition that led to your fall? You may think you know, but, chances are, you only know part of the answer to this important question.

Generally speaking, there is a three-year statute of limitations for personal injury and wrongful death claims in Massachusetts. However, there may be additional considerations that could shorten the effective time for taking legal action to a much shorter time – perhaps even a matter of days rather than a matter of years.

For example, for claims against governmental entities for injuries caused by a “defective way,” an injured person has just 30 days to filed a formal notice of claim (a precursor to a lawsuit filed in court) with the appropriate entity under Massachusetts Gen. Laws ch. 84, §§ 15, 18. If this formal notice is not given, the defendant will most likely be able to have the plaintiff’s lawsuit dismissed later on – even if the suit itself is filed within the general three-year statute of limitations.

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Each year, hundreds of Massachusetts residents lose their lives in automobile accidents, and tens of thousands more are injured. If you or a family member has recently been involved in a Cape Cod car accident, there are several things that you should know. Having the right information at the right time can go a long way toward making sure that you receive fair compensation for your injuries (or, in the case of a fatal crash, for your loved one’s wrongful death).

Getting Started on a Claim

The first thing to know about seeking fair compensation following a Cape Cod motor vehicle accident is that the burden of proving fault lies on the plaintiff (the person seeking payment for medical expenses, lost wages, property damage, etc.) This means that the plaintiff must file a civil claim against the responsible party within the period set forth by the Massachusetts statute of limitations for personal injuries or wrongful death. (It is possible that the defendant may be charged criminally due to an accident, but this is a separate matter that, typically, does not involve the injured individual.)

While it is possible for a car wreck litigant to represent himself or herself in court in a civil lawsuit seeking compensation for injuries suffered in an accident, this is not advisable. The defendant’s insurance company will hire an attorney to represent the defendant in court, and the plaintiff will need skilled legal representation during both pre-trial settlement negotiations and during litigation, if the case proceeds to trial.

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Naturally, some Cape Cod automobile accident cases are more complex than others. Still, a case reviewed early this month by the Massachusetts Court of Appeals stands out as unusually protracted. Although the facts of how the accident happened were straightforward enough (a pedestrian was struck by a car while crossing the street), a total of three lawsuits were ultimately filed.

Two complicating factors were that, in one action, the plaintiff was awarded more than four times the defendant’s liability insurance limits in damages and that, thereafter, the defendant filed for bankruptcy protection.

Facts of the Case

In a recent appellate court case, the plaintiff in an earlier action was a pedestrian who was injured when she was struck by a certain motorist (named as the defendant in that action). The case proceeded to a jury trial and resulted in a determination that the defendant was 65% at fault. The plaintiff was awarded $414,500 in damages after deduction of personal injury protection benefits previously received. The defendant’s insurance company paid policy limits of $100,000.

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With ever-increasing technological advances, it is quite possible for someone to be accused of a crime which did not exist just a few years ago. As any Cape Cod criminal defense attorney can confirm, it is also true that there many new ways for “old” crimes to be committed.

For example, the crime of criminal harassment (sometimes referred to as “stalking”) is not necessarily a new offense, but, with modern technology, there are now many more ways in which someone might find themselves accused of violating the law with respect to this crime.

Facts of the Case

In a recent case, the defendant was charged with two counts of criminal harassment in violation of Massachusetts General Laws ch. 265, § 43A due to his alleged use of global positioning system (GPS) devices to track the movements of two particular individuals. The defendant and the victims had never met in person, but the defendant had allegedly placed GPS devices on the underside of each of their victims’ vehicles, allowing him to track their movements. Although the defendant’s motivation was not completely known, he claimed that his actions were in light with him “guarding the hen house.”

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As the holiday season winds down, many Massachusetts residents may be planning to begin the new year with the resolution of healthier eating – fewer starchy processed foods and more fresh fruits and vegetables. Usually, this would be a good plan.

Unfortunately, however, there have been several food contamination scares recently that could leave one wondering whether a new diet would indeed be best choice or whether eating “healthier” might end in a Massachusetts food poisoning lawsuit.

The Romaine Lettuce Recall

The United States Food & Drug Administration oversees the safety of the nation’s food supply. Often, this comes in the form of the recall of batch of foods (such as ground beef) processed within a few days time. With the recent romaine lettuce situation, however, the warning (first issued in late November) was much broader. Consumers were urged not eat any romaine lettuce and to throw out any such food product until more information was obtained by the FDA.

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