Serving Cape Cod and the Surrounding Areas

Archives for: July 30th, 2015

Does victim compensation always require proving negligence?

Obtaining compensation from a negligent property owner for injuries you received usually entails producing evidence to prove the existence of icy sidewalks, a wet floor or other dangerous property condition. There are situations in which an injured party may use circumstantial evidence to create an inference that a property owner was negligent without introducing evidence directly proving it.

What is "motion practice" in a personal injury claim?

If you have been injured in an accident, such as a car or motorcycle collision with another vehicle, making a claim against the other driver is not as simple as going to the courthouse and starting a lawsuit. There are multiple intervening steps that will take place between the time you contact a personal injury attorney and the onset of trial. If settlement negotiations do not lead to a satisfactory outcome, then before trial commences there is often one more intervening step: the filing and resolution of pretrial motions.

How does proximate cause affect liability?

To prove a cause of action for negligence in Massachusetts, you must establish the existence of multiple elements including the existence of a duty of care owed to you on the part of the defendant, the breach of that duty, and harm to you caused by that breach. Of these elements, causation can be one of the more challenging because it has two parts: actual causation, and proximate causation.

A pleasant day near Hyannis marred by fatal motorcycle crash

Its coastal towns, beaches and maritime history make Barnstable County a popular destination in Massachusetts for motorcycle enthusiasts. Motorcycles offer their riders and passengers an opportunity to experience the unobstructed sights and sounds not offered by other types of motor vehicles.

Considerations when contemplating a wrongful death action

The sudden loss of a loved one is something that is impossible to prepare for, and which can lead to a range of financial and emotional ramifications that can resonate far beyond the moment of loss. The fatal event can be something like an accident, or even the result of a purposeful act, but in either event you can find yourself having to adapt quickly to changed circumstances: what if the decedent was someone you and your family counted on for income, and now that income is gone? How will that affect your ability to pay your mortgage, your car payment, and other household expenses? If you are like many people, you probably do not have much money set aside for unexpected medical expenses if your loved one does not die immediately from his injuries, and you probably do not have a savings reserve for sudden funeral and burial expenses.

Claim of sex abuse in Massachusetts raises multi-state questions

The long-term consequences of sexual abuse can lead to significant monetary damages claims, as a recent lawsuit filed against trustees and former trustees of Deerfield Academy demonstrates. The suit, brought in federal court by a former student of the school who now resides in another state, seeks $10 million for a pattern of claimed abuse that allegedly spanned three years while the plaintiff was as young as 15.

What are the laws surrounding drunk driving in Massachusetts?

For most people, the phrase “Don’t drink and drive” is pretty much common sense. You know the slowed down feeling of being drunk (or even buzzed or “tipsy”) and don’t want to feel that behind the wheel of a car. Yet, over 35 percent of all traffic deaths within Massachusetts were caused by a drunk driver. The state takes this offense very seriously, as safety of all drivers is always top priority.

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