Cape Cod Injury Lawyer Blog

Under Massachusetts law, a person who alleges that his or her physician committed an act of medical negligence must submit an offer of proof to a medical malpractice tribunal in order for his or her lawsuit to move forward. If the tribunal decides that there is not sufficient evidence to support the plaintiff’s claim, the…

When a driver fails to act in a reasonably prudent manner, and someone else is hurt, the negligent driver can be held liable for the injured person’s medical expenses, lost wages, and pain and suffering. Unfortunately, not every at-fault driver has high enough limits on his or her automobile liability policy to pay fair compensation…

Workplace injuries can happen in many different ways. Heavy lifting can cause a back strain or even a herniated lumbar disc. Repetitive motion can trigger carpal tunnel syndrome and ulnar nerve entrapment. A slip and fall accident on a wet floor can cause a broken arm or leg. If a work injury results in an…

Those who are injured on the job have a legal right to seek workers’ compensation benefits to cover medical expenses and at least partially offset lost wages. If a particular work injury results in a permanent disability, a worker may also file a claim for incapacity benefits. Of course, the benefits are not automatic, and…

For most people, the most notable component of the Fifth Amendment to the United States Constitution is the right to remain silent (“[not] compelled in any criminal case to be a witness against himself”). However, another important part of the Fifth Amendment is the so-called Double Jeopardy Clause. Under the double jeopardy provisions of the…

Workers’ compensation laws are designed to give those who are hurt at work a less contentious path toward benefits (such as disability payments and medical expenses) than a traditional personal injury lawsuit, in which the plaintiff would have to prove that the defendant was negligent in order to recover compensation. However, certain procedural requirements are…

There are four components in a basic negligence lawsuit: duty, breach of duty, causation, and damages. Whether a duty exists in a given situation is usually a question of law to be resolved by the court. Recently, a Massachusetts appeals court was called upon to resolve the issue of whether a landowner owed a duty…

As you may remember, 2015 was rife with vehicle recalls. According to news reports, there were in the neighborhood of 900 recalls in all, affecting tens of millions of vehicles. Issues such as sudden acceleration, faulty ignition switches, and Volkswagen’s infamous cheating on certain emissions tests made headlines throughout the year. Although there have been…

Have you ever wondered what an appellate court takes into consideration when deciding an appeal? The answer is that it depends. The fact is that many issues are possible subjects of an appeal. In a recent case, the issues included the admissibility of certain testimony and demonstrative evidence, as well as whether a new trial…

Under Massachusetts law, medical malpractice lawsuits are subject to both a statute of limitations and a statute of repose. The statute of limitations controls the time during which a claim may be filed after an action accrues, but the statute of repose allows a set amount of additional time in certain instances, including when the…