In most cases in which a party alleges harm due to someone else’s negligence, the injured party is required to prove the acts or omissions of the defendant constituted a breach of the duty owed to the plaintiff. In some cases, however, a defendant who is guilty of violating a…
Most drivers in Massachusetts carry automobile insurance. Thus, if a driver causes an accident that harms another person, the driver’s automobile insurance carrier will typically make payments to the injured party on behalf of the driver. If an insurance company declines to make payments to an injured party on behalf…
Car accidents are common in Massachusetts, and people involved in car accidents often sustain injuries and property damage. Thus, in many cases, a person who incurs damages due to a car accident will pursue claims against one of the drivers involved in the accident. There are numerous categories of damages…
The evidence presented by either party can make or break a personal injury case. If the court denies a plaintiff’s request that the court take judicial notice of certain evidence it can result in a defense verdict. The Massachusetts Rules of Evidence limit what materials a court may take judicial notice…
A Massachusetts car accident resulted in an estate filing suit against a convenience store chain after a speeding driver ran into the deceased as he crashed into the front of the store. The deceased’s husband and executor alleged the company had experienced several front-of-store “car strikes” and knew of the risks…
The Massachusetts Appeals Court reversed the dismissal of an injured person’s claim in a recent case. The injured person was rear-ended at a stoplight and later filed a Massachusetts car accident case, claiming the accident caused her pre-existing medical conditions to be aggravated, resulting in several medical bills. The trial had…
Several things must be considered when a personal injury settlement is reached. One of these considerations is whether the injured person is required by law to notify and pay a portion of the settlement to a third party. Some entities, often health care providers, are allowed to place a lien…
The injured party in this case was driving down the Massachusetts Turnpike in 2011 when a “classic car” transported on a flatbed trailer slid off and hit the plaintiff’s car. The injured man filed suit against the owner of the vintage car and three other men accompanying him in the…
Many obstacles arise in a negligence lawsuit, and defendants will try to use all of them to prevent or minimize liability. Injured parties face evidentiary challenges if witnesses are hard to locate, or physical evidence is compromised. Procedural hurdles also exist, from the timing of the filing to the way…
In Massachusetts, even if you successfully settle or litigate a negligence action and are awarded damages, receiving the payment of damages can become challenging. This is demonstrated in a recent Massachusetts car accident decision (16-P-1623) that upheld a settlement agreement made between the owners of a farm, the driver of…