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Articles Posted in Negligence

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The Legal Process Behind Wrongful Death Lawsuits

Losing a loved one due to someone else’s negligence is an unimaginable tragedy. In these trying times, understanding the legal process behind wrongful death lawsuits is crucial for grieving families seeking justice and emotional closure. For further legal guidance, our personal injury lawyer Plymouth has provided a comprehensive guide for…

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Court Discusses Independent Medical Examinations in Massachusetts Cases

People who are hurt due to the negligence of others can often recover damages in civil lawsuits. While some harm is abundantly clear, other injuries are less obvious. As such, it is not uncommon for a defendant to request that a plaintiff undergo an independent medical examination. While such examinations…

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Massachusetts Court Explains the Factors Weighed in Conducting a Choice of Law Analysis

Subject to certain parameters, people generally have the right to pursue claims in the forum of their choosing. If a party files a personal injury lawsuit in Massachusetts for harm that occurred in another state, though, it may not immediately be evident which state’s laws apply, and the court will…

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Court Explains Immunity Under the Massachusetts Tort Claims Act

People often volunteer in their communities. Unfortunately, during the act of performing good deeds, some people suffer injuries due to the negligence of others. While they can pursue claims for their losses, their ability to recover from their towns may be limited by Massachusetts law, as discussed in a recent…

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Massachusetts Court Discusses Causation in Medical Malpractice Cases

People anticipate that doctors, nurses, and other health care providers will provide competent treatment. Unfortunately, not all medical professionals employ sound reasoninn when caring for patients, and their inattentiveness can lead to substantial injuries. People who have been harmed by medical negligence may be able to obtain damages if they…

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Massachusetts Woman’s Claim Against Governmental Entity Fails Due to Lack of Timely Notice

In some types of Massachusetts negligence cases, there are special requirements in addition to the usual steps for filing suit against the allegedly responsible party. For instance, a Cape Cod premises liability case involving a governmental entity may require notice of the accident to be given well before the time…

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Summary Judgment Reversed in Case of Massachusetts Teen’s Drowning in Swimming Pool

In a Cape Cod premises liability lawsuit, the duty of care that a landowner owes to an individual who comes upon his or her property can vary from case to case. One of the primary considerations is whether the individual had the landowner’s invitation or implied permission to be on…

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Massachusetts Man’s Pharmaceutical Malpractice Case Following Allergic Reaction to Prescription Drug Dismissed on Summary Judgment

Under Massachusetts law, a pharmacist or druggist who misfills a prescription can be held liable in a pharmaceutical negligence suit. In such cases, the plaintiff has the burden of proof, and several procedural requirements must be met in order for the plaintiff to prevail. If you or someone in your…

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Massachusetts Court Addresses Issue of Whether Lead Inspector Owed Duty of Care to Child Who Lived in Property 20 Years After Inspection

Timeliness can be an important issue in a Cape Cod negligence case. Typically, cases not filed within the applicable statute of limitations and/or statute of repose will be dismissed unless the circumstances fall within some very narrow exception to the general rule. Sometimes, time can also factor into other issues…

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Federal District Court Applies Massachusetts Law to Deny Summary Judgment in Negligent Entrustment Case

Having an insurance policy that covers accidents caused by uninsured or underinsured motorists is important. Without such coverage, it is extremely difficult – often impossible – to receive fair compensation for personal injuries or a wrongful death caused by a driver who either doesn’t have insurance at all or who…

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