Car accidents can result in serious wounds and property damage. While injured individuals can pursue reimbursement from the drivers who caused the incidents, they frequently file claims with the motorists’ insurance companies as well. Insurers have a responsibility to examine claims promptly and, if applicable, make reasonable settlement offers; if…
Cape Cod Injury Lawyer Blog
Massachusetts Court Discusses Causation in Negligence Cases
Tragic accidents that result in the death of persons happen all too regularly in Massachusetts. Often, such accidents are the result of harmful conditions that the deceased party experienced on someone else’s property. However, just because a hazardous condition existed near where a person died does not prove that the…
Massachusetts Court Declines to Uphold Premises Liability Claims Against an Insurer
Broadly speaking, property owners have a responsibility to ensure that people who lawfully enter their buildings do not encounter dangerous conditions. As such, if they neglect to do so and people suffer injuries as a result, they may be deemed for damages in a civil proceeding. The duty to protect…
Massachusetts Court Discusses Collateral Source Evidence in Personal Injury Matters
Workers’ compensation benefits may be available to those who are injured on the job. They may also be entitled to seek civil claims for damages if their injuries were caused by the negligence of someone other than their employer. The defendant will frequently try to submit evidence of the plaintiff’s…
Massachusetts Court Discusses Discovery in Car Accident Cases
The popularity of ride-sharing applications has increased exponentially in recent years, and people throughout Massachusetts regularly employ them to get to their destination. People who drive for ride-sharing companies have the same obligations as other motorists, but like other motorists, they are often involved in collisions. People hurt in such…
Massachusetts Court Explains the Doctrine of Claim Preclusion
Generally, companies that sell harmful goods can be held accountable for any injuries consumers sustain while using their products. It is well-established that parties only get one bite of the apple, however, which means they only get one shot to prove liability and recover compensation. Additionally, people deemed in privity…
Massachusetts Court Discusses Claims Against Public Employees
While people can normally be held accountable for inflicting bodily harm upon others, when the individual who caused the injury works for a public employer, such as a city, obtaining damages might be challenging. In particular, the Massachusetts Tort Claims Act (MTCA) shields public businesses from responsibility in a variety…
Massachusetts Court Explains Liability for Dog Attacks
Many jurisdictions, including Massachusetts, have a “dog bite” law that makes owners accountable for any harm their dogs inflict to unwitting victims. While the statute does not require proof of carelessness in order to seek damages, it does require proof of other components, such as ownership. A Massachusetts court recently…
Court Discusses Establishing Liability for a Slip and Fall Accident in Massachusetts
People who suffer the loss of a loved one often expect they will have to contend with many things, such as economic losses, grief, and other strong emotions. They rarely anticipate that they will suffer harm during the process of saying goodbye to their loved ones, however. Harmful accidents can…
Massachusetts Court Discusses Establishing the Standard of Care in a Fall Case
All falls can potentially cause harm but falls from roofs, and other high places typically cause critical injuries. Despite the severity of injuries suffered by people that fall from substantial heights, they can generally only recover damages if they can prove their falls were caused by another party’s carelessness. This…