Cape Cod Injury Lawyer BlogSmoking is a deadly habit, and thousands of people die from smoking-related illnesses each year. People in modern society generally understand cigarettes to be dangerous, but in prior times the risks associated with smoking were less clear. As such, in the late 1990s, the Attorney General filed a complaint against cigarette manufacturers and obtained substantial […]
Articles Posted in Wrongful Death
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 the property or whether he […]
Massachusetts Appeals Court Affirms $0 Verdict in Medical Malpractice Case Alleging a Delayed Cancer Diagnosis
In a Cape Cod medical malpractice case, the plaintiff has the burden of proving not only that the defendant healthcare professional breached the standard of care that applied to the situation at hand but also that this breach of care was the proximate cause of the damages about which the plaintiff complains. Sometimes, damages are […]
Massachusetts Woman’s Wrongful Death Case for Husband and Son’s Death in Canadian Hotel Should Not Have Been Dismissed
A 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 […]
Massachusetts Woman’s Wrongful Death Suit Against City Due to Fire Truck’s Delay in Responding to Stabbing Dismissed on Appeal
There can be several different defendants in a Cape Cod wrongful death lawsuit. This can include individuals, businesses, and even governmental entities. While many of the same rules apply regardless of the identity of particular defendants, sometimes there must be a different approach to a certain defendant. For instance, claims against the government proceed differently […]
Massachusetts Family’s Medical Malpractice Case for Death of Loved One Dismissed on Multiple Grounds
The plaintiff in a Cape Cod medical malpractice case not only bears the burden of proof at trial, but he or she also has several obligations in the pre-litigation phase of the case. Generally, the first step is a careful review of the injured or deceased person’s medical records by an expert in the field […]
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 Court of Appeals Vacates Medical Malpractice Tribunal’s Dismissal of Case
There are many steps that must be completed in order to recover fair monetary compensation for injuries or wrongful death at the hands of a health care professional in Massachusetts. One of the first hurdles that must be crossed is making it past the decision of the medical malpractice tribunal that reviews such cases as […]
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 […]
Per Massachusetts Highest Court, Decedent’s Signature on Covenant Not to Sue Barred Wrongful Death Claim by Statutory Beneficiaries
When someone is injured by another’s breach of the duty of due care, he or she has a right to file a negligence claim seeking compensation from the responsible party for his or her personal injuries. This includes payment for medical expenses, lost earnings, pain and suffering, and other damages. A Massachusetts wrongful death action […]