Cape Cod Injury Lawyer Blog

The term “hearsay” is sometimes used in everyday language to mean gossip or an unsubstantiated rumor. However, the term has a very specific meaning within the legal context. In the law, it refers to one person’s testimony about another individual’s statement or words. Generally, hearsay statements are not admissible in court, but there are some…

Before a court can exercise jurisdiction over a defendant in a lawsuit, there must be personal jurisdiction – either general or specific. General jurisdiction is much broader, subjecting a defendant to suit in the forum state in all matters, even those that have no direct relationship to the forum state. By contrast, specific jurisdiction exists…

During a jury trial, the judge is required to make a variety of rulings – beginning with the procedure for the selection of the jury and ending with a review of whether the jury’s verdict was supported by the evidence. A party aggrieved by a decision of the trial court judge may file an appeal…

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…