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vehicle fireThe National Highway Traffic Safety Administration (NHTSA) is an arm of the federal government whose mission is to save lives, prevent injuries, and reduce costs due to traffic crashes. The entity’s website lists many statistics illustrating its success, including a “safety success” of decreasing Massachusetts fatal car accidents in rural towns by 48% in 2015.

As part of its task of keeping people safe on America’s roadways, the NHTSA issues recalls of vehicles, car seats, tires, and equipment that may pose a risk to the public. Sometimes, a recall affects only a few products, but other times millions of consumers may potentially be affected. Either way, it pays to stay up to date on the latest information issued by the NHTSA.

Toyota Recalls 65,000 Tundras/Sequoias

clipboardMost workers who are injured on the job are entitled to some type of compensation. For example, a Cape Cod workers’ compensation claimant may pursue medical treatment, temporary disability, or permanent disability benefits, depending upon the nature and resolution of his or her injuries.

Some types of workers are limited to benefits under a particular law or statute. This includes members of the state police, such as state troopers. An appeals court was recently asked to review the rights of a trooper who hurt his back while working.

Facts of the Case

medical coatsFiling 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 properly investigate and substantiate a medical malpractice claim. If the appropriate paperwork is not completed in a timely fashion – or if the offer of proof submitted to the medical malpractice tribunal does not meet the requirements of Massachusetts medical malpractice law – the case is subject to dismissal, even if the plaintiff was severely injured or even passed away because of a medical provider’s mistake.

Facts of the Case

stethoscopeUnlike 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 the case to the appellate court for a review of the tribunal’s finding.

Facts of the Case

The plaintiff in a recent (unreported) appellate case was the personal representative of the estate of a man who died after suffering a full cardiac arrest in 2012. The man, who was 46 years old at the time of his death, had been under the care of the defendant physician (a primary care physician). The plaintiff’s complaint sounded in medical negligence, including allegations that the defendant’s failure to “appreciate and address” the decedent’s heart disease violated the applicable standard of care and caused his premature death.

sidewalk constructionAs we go about our daily lives, we often find ourselves on property that we neither own nor control. This can include the hallway of a hotel in which we are staying on vacation, the floor of the supermarket in which we purchase our weekly groceries, and the sidewalk from which we exit our apartment in order to begin our day, as well as many other areas.

When an accident happens due to a property owner’s negligence, the injured person has the burden of proving that the entity that controlled the area in which the accident happened breached the applicable duty of care.

In a case recently considered by the Massachusetts Appeals Court, the plaintiff in an underlying case was successful in proving negligence, but another dispute arose between the insurance company, a property owner, and an independent contractor regarding who was responsible for paying the judgment awarded to the plaintiff in the personal injury lawsuit arising from the accident.

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shhhh!

A person who has been accused of committing a crime has the right to remain silent. As any Cape Cod criminal defense attorney can tell you, exercising this right is vitally important.

This is because, as we’ve all heard on television and in the movies, “anything you say can and will be used against you in a court of law.” Far too often, individuals waive this right, and their own words are used later to convict them.

Facts of the Case

In a case recently considered by the Massachusetts Appeals Court, the defendant was arrested and charged with two counts of unlawful possession of a loaded firearm in violation of Massachusetts General Laws ch. 269, § 10(a), (n) after he was found sitting in a parking lot with a revolver and a semiautomatic pistol in the vicinity of his truck. At trial, the defendant was convicted as charged. He appealed. Continue reading

courtroom
When a Cape Cod medical malpractice lawsuit goes to trial, there are usually multiple witnesses who testify in front of the jury. This includes not only the parties to the case but also the expert witnesses who are retained by each side to render an opinion as to the applicable standard of care, whether the defendant violated that standard, and the injuries suffered by the victim if so.

Sometimes, a particular witness cannot be present at trial, so his or her testimony is secured outside the courtroom, in advance, via a deposition. However, there are limitations on when a deposition may be used in lieu of live testimony.

Facts of the Case

meatballs
A Cape Cod product liability case can arise from many different types of products and can involve several different theories of liability. Claims of strict liability, negligence, defective design, manufacturing defect, breach of warranty, or failure to warn may be alleged, depending on the circumstances. Since product liability lawsuits are subject to both a statute of limitations and a statute of repose, it is important to get legal advice concerning your case as soon as possible. Claims not filed in a timely fashion are usually dismissed, regardless of the severity of the plaintiff’s injuries.

Facts of the Case

In a case recently under consideration by the appellate court, the plaintiff was a public school first grader who allegedly suffered traumatic brain damage after choking on meatballs served in the school cafeteria. Together with his parents, the student filed suit against the city that owned the school and the company that produced and sold the meatballs, alleging, among other things, that the meatballs contained “Profam 974,” which gave them an unreasonably dangerous texture and presented a choking hazard. The plaintiffs’ legal theories included negligence and breach of the implied warranty of merchantability.

nurse's uniformAccidents at work can result in substantial harm to employees, including fractures, lacerations, contusions, disc herniations, strains, sprains, amputations, paralysis, blindness, hearing loss, and many other injuries.

In a Cape Cod workers’ compensation case, an employee may be entitled to receive several different types of benefits, both temporary and permanent. It is always best to speak to an experienced work injury attorney to find out more about the particulars of your case if you have suffered a work injury or illness.

Timeliness is very important in workers’ compensation cases. Since claims not filed within the time allowed by law are usually dismissed, it is critical that all paperwork be completed as soon as possible after an accident at work.

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speeding car
When someone leaves the scene of a Massachusetts car accident that results in property damage or personal injuries, he or she can be subject to both a fine and possible imprisonment. A civil negligence case is also a possibility, if the person who was hurt or whose vehicle was damaged in the crash is able to ascertain the wrongdoer’s identity.

Such cases can be difficult, however, sometimes leading an injured person to seek compensation from his or her own insurance company. Unfortunately, even that is not a guaranteed form of recovery.

Facts of the Case