Cape Cod Injury Lawyer Blog

In the civil court system, a case begins with the plaintiff filing a lawsuit against the defendant(s), setting forth the various claims under which the plaintiff seeks relief. As the case progresses, each side is afforded an opportunity to discover information about the strengths and weaknesses of the other’s case and, if desired, take depositions…

Under Massachusetts law, a competent adult has a legal right to forgo medical treatment if he or she so chooses. Of course, being able to exercise this right necessitates that a patient have knowledge of the options of treatment available to him or her, as well as the potential risks of each. A physician’s failure…

Premises liability lawsuits can arise from a number of circumstances: negligent maintenance, defective design, and debris left in walking areas, just to name a few. In these types of cases, sometimes referred to as slip and fall or trip and fall accidents, an injured person can potentially recover damages for medical expenses, lost wages, pain…

As many as 15 million Americans suffer from food allergies or sensitivities to certain food products, such as tree nuts, peanuts, and gluten. For such consumers, exposure to certain allergens can cause reactions as mild as a headache and as severe as anaphylaxis. This is one of many reasons why the correct labeling of food…

When a person files a lawsuit against another person, business, or governmental entity seeking payment of medical expenses, lost wages, and other damages resulting from an accident such as a car wreck, the case usually proceeds through a phase called “discovery.” During discovery, it is not usual for a defendant to request copies of a…

If you’re heading across the state – or across the country – to celebrate Thanksgiving, you should know that the American Highway Users Alliance recently released a report ranking the country’s most clogged arteries, and several Massachusetts highways ranked among those annoying “bottlenecks,” as they are sometimes called. Other states with several highways listed include…

Under Massachusetts law, insurance companies have an obligation to act promptly, fairly, and equitably with regard to the settlement of litigation between its insured and those who make claims against the insured in situations in which the insured’s liability is reasonably clear. They also have a duty to refrain from unfair or deceptive practices. Naturally,…

Think you’re safe from all the recent automobile recalls just because you drive a luxury car? Maybe not. The National Highway Traffic Safety Administration (NHTSA) has just added some 126,260 Mercedes-Benz vehicles to the ever-growing list of cars, trucks, and SUVs with potential safety issues. According to a letter from the NHTSA to Mercedes-Benz department…

Americans are eating out more often than ever, spending billions of hard-earned dollars on restaurant meals annually. It therefore comes as no surprise that food poisoning cases, too, are becoming more common. A national chain of Mexican restaurants is now being accused of sickening dozens of people in two states. One of the alleged sufferers…

As we have mentioned before on this website, there are numerous federal agencies that track recall information. For example, the Food and Drug Administration lists recalls of foods, medicines, and cosmetics, and the National Highway Traffic Safety Administration lists motor vehicles in which particular safety issues have been identified. Under federal law, the manufacturer of…