Cape Cod Injury Lawyer BlogAs important as it is in a Cape Cod personal injury lawsuit to be able to prove that the defendant’s negligence was the proximate cause of the plaintiff’s injuries, this is only one of several steps in pursuing fair compensation. Additionally, it is important that the plaintiff understand, to the fullest extent possible under the […]
Articles Posted in Negligence
Massachusetts Court of Appeals Rules in Favor of Defendant Who Experienced Seizure Before Causing Car Crash
Cape 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 […]
Nursing Home Resident’s Complaint Seeking to Assert Seldom Used Equitable Remedy Reinstated by Massachusetts Appeals Court
In a typical Cape Cod personal injury lawsuit, the plaintiff seeks to recover monetary compensation for damages by asserting a claim of negligence. There are four basic elements to the tort of negligence (duty, breach of duty, damages, and proximate causation). The plaintiff has the duty to prove each element by a preponderance of the […]
Massachusetts Court of Appeals Rejects Breach of Contract Suit Against Hospital, Holding that Claim Should Have Been Pursued as Medical Malpractice Instead
When a patient is dissatisfied with treatment received from a doctor, hospital, or other medical provider, he or she may have a claim for medical malpractice. An experienced Cape Cod medical malpractice attorney can explain the process of asserting such a claim. In some instances, there may be the possibility of some other type of […]
Federal District Court Holds that Massachusetts Woman’s Malpractice Case Against the Government Lacked Jurisdiction
In order for a Cape Cod medical malpractice case to be filed in a particular court, there must be subject matter jurisdiction. Most such cases are filed in state court, but sometimes there may be jurisdiction in federal court. One such situation arises when the person who injured the plaintiff was an employee of the […]
Court Affirms Dismissal of Former College Student’s Massachusetts Negligence Lawsuit Against University Following Alleged Assault
The concept of negligence law is born of the idea that we each owe certain duties to one another. This includes not only individuals and businesses but also branches of the government. It can also include non-profit organizations and, as was the situation in a recent case, colleges and universities. Some duties are general in […]
Federal District Court in Massachusetts Holds that Jurisdiction Outside the United States is More Convenient Forum for Boating Accident Case
One of the first considerations in a personal injury lawsuit in Massachusetts, such as a negligence claim arising from a Cape Cod boating accident, is the forum in which the plaintiff’s claim will be filed. Often, there is but a single possibility for the filing of such a case, so the inquiry is a relatively […]
Summary Judgment to Insurance Company on Claim for Indemnification in Massachusetts Case Involving Injuries from Altercation Held Erroneous
When it comes to the ultimate outcome of a Cape Cod personal injury case, the availability of liability insurance is one of the most important factors to be considered. Assuming that there is a policy of insurance that covers the occurrence at issue, another important consideration is the policy limits of such coverage. In the […]
Massachusetts Appellate Court Affirms Dismissal of Wrongful Death Lawsuit Due to Lack of Duty on Homeowners
The first question that must be answered in any Cape Cod wrongful death or personal injury lawsuit is, “Did the defendant owe a duty of care to the plaintiff?” The answer to this inquiry can be impacted by state statutes, existing case law, local ordinances, the particular facts of the case, the relationship between the […]
Massachusetts’ Three-Year Statute of Limitation Applied to Subrogation Claim for Injuries to Construction Worker from Another State
Most people are at least vaguely aware that there are deadlines for filing a claim in a Cape Cod work injury case. The particulars of those procedural rules, however, are not as widely understood. As the following case indicates, sometimes the statutes of limitations can even be a matter of dispute, due to the unique […]