Cape Cod Injury Lawyer BlogPlanes rarely crash, but when they do, the damages sustained are usually catastrophic. Plane crashes are typically caused by malfunctioning parts within the aircraft, and in many cases, more than one party bears liability. While parties have the right to seek compensation for losses caused by plane crashes, it may not be evident which jurisdiction’s […]
Articles Posted in Personal Injury
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 are permitted under Massachusetts Rule […]
Court Explains the Doctrine of Res Ipsa Loquitor in Massachusetts
Typically, a plaintiff alleging a defendant should be deemed liable for negligence under Massachusetts law must offer evidence that the defendant owed the plaintiff a duty and that it breached the duty, thereby causing the plaintiff to suffer harm. Under the doctrine of res ipsa loquitor, however, a jury can infer the negligence of the […]
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 have to make a determination. […]
Massachusetts Court Discusses Personal Injury Claims Against the Federal Government
People in the military can receive health care at facilities run by the federal government. If they suffer harm in such facilities, they may be able to pursue claims for damages. However, proving liability can be difficult as the Federal Tort Claims Act (the Act) insulates the federal government from liability in many situations. Recently, […]
Massachusetts Court Discusses Bodily Harm in the Context of Insurance Coverage
Typically, people who suffer losses due to car accidents can recover benefits from their insurer. While some insurance claims are straightforward and are paid promptly, in others, the insurer will dispute the harm suffered or the damages owed. In such instances, the parties will typically turn to the courts to interpret the applicable provisions. For […]
Court Explains Establishing Gross Negligence Under Massachusetts Law
People typically rely on police forces to keep their communities safe. While generally, the risk of harm is from outside sources, some people are in danger of injuring themselves. In such instances, if the police fail to perform their professional duties to stop a person from committing acts of self-harm, they could potentially be liable […]
Massachusetts Court Discusses Personal Injury Claims Arising Out of Harm on Planes
Passengers on flights are not exempt from harm, but it is not always apparent when and where their claims must be brought when their injuries are caused by another party’s intentional or negligent behavior. This was illustrated in a recent decision by a Massachusetts district court, which upheld the dismissal of the plaintiff’s claims due […]
Massachusetts Court Discusses Grounds for Changing the Forum of a Case
The right of a plaintiff to choose the venue in which to bring a personal injury case is well-established under the law. As a result, the ultimate issues of the case are normally decided by the court in the jurisdiction where the plaintiff files the lawsuit. However, in some cases, a defendant may argue that […]
Massachusetts Court Discusses Liability of Public Corporations
While parties can usually be held responsible for inflicting bodily harm on others, recovering damages might be difficult when the person who caused the injury works for a public employer, such as a city. Specifically, the Massachusetts Tort Claims Act (MTCA), guards public corporations from liability in a range of situations and places strict notice […]