Cape Cod Injury Lawyer Blog

Under the United States Constitution, the defendant in a criminal case has certain rights that, if violated, can potentially result in the reversal of a conviction. Among these rights are the Sixth Amendment rights to “a speedy and public trial” and “the assistance of counsel.” A recent decision by the nation’s highest court explored whether…

Defendants in Cape Cod personal injury lawsuits can sometimes be very creative in their attempts to avoid liability for the wrong they have caused. Fortunately, the courts usually see through these attempts to defeat justice. Recently, an ex-husband attempted to avoid paying a judgment in a tort action brought by an ex-wife for injuries she…

Many civil lawsuits are filed each year in the state and federal courts – far too many to be handled efficiently by the court system if a full-blown trial is required in every case. For this and other reasons, settlements are highly encouraged. Under Mass. Gen. Laws ch. 176D, § 3(9)(f), an insurance company has…

Medical malpractice lawsuits are expensive and procedurally difficult. This is not to say that a plaintiff cannot be successful in an attempt to hold a negligent doctor liable in a particular case, but only that doing so can be much more difficult than, for example, holding a negligent driver liable in a motor vehicle accident…

Under Massachusetts medical malpractice law, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant health care provider violated the applicable standard of care. First, however, the plaintiff must find an expert witness who is willing to testify in court as to what the standard of…

When an automobile accident results in injuries, the plaintiff’s medical expenses and lost wages can easily reach tens of thousands – or even hundreds of thousands – of dollars. Even if the at-fault party has liability insurance, there may not be enough coverage to fully compensate the injured party. This is why uninsured/underinsured motorist insurance…

Police dogs are used by many law enforcement agencies across the country to assist officers as they search for drugs, locate missing individuals, and, sometimes, help apprehend suspects who attempt to flee the scene after being arrested. Just as human officers can occasionally make mistakes, so, too, can K-9 officers. When this happens, should an…

A liability insurance policy is, at its essence, a contract. In determining whether to enter into the agreement, an insurance company is entitled to rely on certain representations made by the would-be insured and to price its product accordingly. Once the agreement is made, the insured has the right to demand that the insurance company…

Purportedly to combat the growing problem of frivolous medical malpractice lawsuits, the Massachusetts legislature passed a law (codified at Mass. Gen. Laws ch. 231, § 60B) several years ago, requiring the plaintiff in a medical negligence case to submit an “offer of proof” to a three-member reviewing tribunal after filing a formal lawsuit against a…

While the majority of cases involving injuries (such as car accident lawsuits, slip and fall cases, and workers’ compensation claims) are settled out of court, sometimes litigation can drag out for several years. In a recent workers’ compensation case heard by a Massachusetts appellate court, however, an injured worker’s case had been going on since…