Cape Cod Injury Lawyer BlogCape Cod car accident cases require the plaintiff to prove, by a preponderance of the evidence, that the defendant breached the applicable duty of care and that this breach of care was the proximate cause of the damages for which the plaintiff seeks compensation. Generally speaking, a defendant who crashes her car into an innocent […]
Articles Posted in Car Accident
Massachusetts Appellate Court Refuses to Set Aside Arbitration Award in Car Accident Case
While the right to a trial-by-jury in a Cape Cod car accident case is very important, there are sometimes occasions when the parties to such a matter may opt to submit their dispute to arbitration rather than move forward with a traditional trial. Like other kinds of alternative dispute resolution such as mediation, arbitration takes […]
Massachusetts Appeals Court Affirms Dismissal of Car Accident Case Against City Due to Lack of Presentment of Claim
Most Cape Cod car accident lawsuits are filed by an individual, couple, or family against a motorist whose careless conduct led to injury or death. Sometimes, however, there are other possible defendants in such cases. If the allegedly negligent driver was acting in the course and scope of his or her employment at the time […]
What Massachusetts Residents Need to Know About Automobile Insurance
It is no secret that having the right automobile accident insurance is important, but many people do not truly understand the type of insurance that they need or even what coverage they currently have. Unfortunately, some drivers do not learn that they have inadequate coverage until they have been involved in a Cape Cod car […]
Court Refuses to Reverse Ruling Imposing At-Fault Accident Insurance Surcharge Following Massachusetts Crash
Under Massachusetts law, contributory negligence does not necessarily bar recovery of monetary compensation for damages suffered in a car accident. Generally speaking, this means that being “a little at fault” in causing a crash does not prevent an injured person from filing suit to recover compensation for lost wages, medical expenses, and pain and suffering […]
Massachusetts Appellate Court Holds That Insurance Company’s $260,000 Settlement Offer Was Fair and Equitable in Light of $10,260 Jury Verdict
In a Cape Cod car accident case, the negligent motorist’s insurance company has certain obligations, including the duty to make a fair settlement offer if liability is clear. Of course, the question of what exactly constitutes fair offer can be subject to debate. If, for example, an offer is refused and a jury trial results […]
Massachusetts Supreme Judicial Court Issues Instructions for Reviewing a Tort Settlement When a Liability Insurer Objects to the Terms
The vast majority of Cape Cod car accident lawsuits are settled out of court. In most cases, the parties’ respective automobile accident liability insurance companies are part of the settlement process and, consequently, are bound by the terms of the settlement. Sometimes, however, instances arise in which an insurance company may not be part of […]
Non-Resident Was Exempt from Massachusetts PIP Insurance Requirements
Under Massachusetts law, there are certain requirements for those who operate motor vehicles within the Commonwealth. In a Cape Cod car accident case, a dispute may arise as to whether a driver was in compliance with these laws at the time of the accident. It should be noted that some of the rules that affect […]
Massachusetts Court Holds That 30-Day Notice Requirement for Claims Involving Defect in Public Roadway Does Not Apply to Claims Against Private Parties
Under Massachusetts law, those who are injured or lose a loved one due to another’s negligence have a limited amount of time in which to file a Cape Cod personal injury claim against the responsible party. It is important to note that certain situations, such as cases involving a governmental entity, can result in much […]
PIP Claim Denied in Case in Which Massachusetts Woman Failed to Appear for Three Separate Examinations Under Oath
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 […]