Cape Cod Injury Lawyer BlogA Cape Cod wrongful death or personal injury lawsuit cannot succeed unless the plaintiff is able to prove that the defendant’s negligence caused the accident victim’s death or physical harm. This must be proven by a preponderance of the evidence, via legally admissible evidence. Of course, this assumes that the case ultimately makes its way […]
Articles Posted in Personal Injury
Massachusetts Appeals Court Affirms Dismissal of Medical Malpractice Case Against Doctor, Nurse, and Student Physician’s Assistant
Doctors and nurses make mistakes. Sometimes, these errors in judgment cause serious harm to patients. When this happens, the injured individual has a right to seek fair compensation through a Cape Cod medical malpractice claim. However, it is important to note that medical malpractice cases can be difficult to pursue. The insurance companies that represent […]
Massachusetts Appellate Tribunal Affirms Dismissal of Bad Faith Case Against Insurer Following Car Accident
When someone is injured in a Cape Cod car accident, the insurance company that insures the at-fault motorist has certain responsibilities to the injured individual(s). If these obligations are not met, there is a possibility of litigation against the company later on. In many instances, it is the insured motorist who brings suit against his […]
Contact a Product Liability Attorney in Massachusetts If You Are Hurt by a Defective Product During the Holidays
While the coronavirus pandemic will likely mean that everyone’s holiday season is at least a little bit different this year as compared to years past, there are some things that remain the same. Gifts will be exchanged. Special meals will be planned. Accidents, injuries, and illnesses will happen, possibly triggering a Cape Cod product liability […]
Massachusetts Appeals Court Affirms Summary Judgment in Favor of College and Softball Teammate in Player’s Personal Injury Lawsuit
Most Cape Cod personal injury cases are pursued on a theory of negligence. To prove that a defendant was negligent, the plaintiff must show that the defendant owed the plaintiff a legal duty, that the defendant’s conduct breached this duty, and that, as a proximate result, the plaintiff suffered legally compensable damages. Sometimes, however, a […]
Federal Court in Massachusetts Resolves Insurance Coverage Dispute Regarding Electric Boom Lift Injury at Trade Show
As 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 […]
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 […]