Cape Cod Injury Lawyer Blog

When the parties to a lawsuit have rested their cases, the trial judge issues a set of instructions to the jury before they retire to deliberate. The majority of these instructions are general in nature, but some may be fact-specific. The parties may make requests for the court to issue certain instructions, and adverse rulings…

Generally speaking, businesses and other landowners have a duty to maintain their premises and warn visitors of known dangerous conditions. A failure to do so can result in an award of monetary damages to a person who is hurt due to the business owner’s breach of duty. Of course, such cases are often highly contested,…

People accused of crimes in the United States are afforded certain rights under the U.S. Constitution. Included within these rights are the Fourth Amendment right to be free from unreasonable searches and seizures, the Fifth Amendment right to remain silent to avoid self-incrimination, and the Sixth Amendment right to a speedy and public trial by…

Lawsuits arising from motor vehicle accidents rarely make it all the way to the United States Supreme Court. The vast majority of such cases are settled out of court, and only a few of those that actually reach trial are appealed. However, as a recent case shows, it is possible for a seemingly straightforward negligence…

All personal injury and wrongful death lawsuits arising from negligence require proof of four essential elements. The defendant must have owed the plaintiff a duty, the defendant must have breached the duty, the plaintiff must have suffered damages, and the damages must have been the proximate result of the breached duty. In some cases, particularly…

When an individual is hurt in a motor vehicle collision or other accident, he or she is at a significant disadvantage when negotiating with insurance company professionals who deal with issues such as negligence, comparative fault, and damages on a routine basis. Massachusetts Gen. Laws ch. 93A (the Massachusetts Consumer Protection Act) and ch. 176D…

Workers who are injured on the job are entitled to compensation in the form of payment of medical expenses and partial reimbursement of lost wages (in the form of disability payments). Even after a case has been settled, there is the possibility of pursing additional benefits under certain circumstances. This is different from other types…

When the negligence of a landowner or business operator causes a guest or customer to fall and suffer injuries, the injured person can file a premises liability lawsuit to seek monetary compensation for medical expenses, lost wages, pain and suffering, and other damages. Typically, the defendant in such a case will attempt to avoid a…

Many states, including Massachusetts, have statutes in place under which a business that sells alcoholic beverages to a person who is obviously intoxicated can be held liable for the resulting damages, including both personal injury and wrongful death. These statutes are often referred to as “dram shop” acts (so named because spirits were once sold…

When an employee is injured due to a work-related accident, the employee may be entitled to several forms of workers’ compensation benefits. These include medical care at the employer’s expense, temporary disability benefits, and, in cases involving more serious injuries, permanent disability benefits. Of course, the burden is on the employee to show that he…