In a Massachusetts personal injury case, the injured party must meet his or her burden of proof in order to successfully obtain damages from the at-fault party or parties. Different court proceedings require different levels of proof. Criminal cases place a high burden on prosecutors to show the defendant is…
Defense tactics in personal injury litigation in Massachusetts can get aggressive. In a recently issued Massachusetts Appeals Court opinion, Anderson v. Nat’l Union Fire Ins. Co. (14-P-1554), a severely injured man waited 10 years for an award of over $3 million. Even after this delay and the subsequent payment, the…
After a car accident happens, you want the at-fault party to be held responsible. During the civil litigation process, evidence of the at-fault party’s behavior and actions immediately preceding the accident are taken into consideration. Texting while driving, distracted driving, or careless behavior can help a jury or fact-finder conclude…
In personal injury cases, the focus is typically on the accident itself and its effects on the injured person. The actions of the person at fault, or defendant, are discussed, beginning with the question of whether he or she owed a duty to the injured party. The next question is…
When you or your family member is in a Massachusetts car accident, the primary focus is and should be on emotional and physical recovery. Soon afterward, the concern over expenses and the ability to pay them moves into view. Even when insurance policies are in place and cover expenses, policy…
In Massachusetts, claims for personal injury must be filed within the timeline set out by the Massachusetts General Laws. Medical malpractice, personal injury, product liability, and wrongful death actions must be filed within three years of the accident or the date the injury was discovered. If claims aren’t filed within…
Massachusetts General Law, Section 34M provides personal injury protection to those injured in a car accident, regardless of fault. The law was designed to provide monies up to $8,000 for reasonable expenses within two years of the accident, including necessary medical, surgical, x-ray, and dental services. The law was created…
Accidents can be complicated events, with multiple parties involved and contributing to the cause of the accident. For example, two drivers at an intersection may both act recklessly while driving across. One may be texting while driving, and the other may be speeding to “beat” a yellow light about to…
With the holiday season upon workers and residents of Massachusetts, it is important to remember to stay safe when traveling to and from festivities during the holidays. Several establishments and events serve alcohol, and other drivers may become reckless by driving while intoxicated or become distracted by texting others, which…
In Massachusetts, Personal Injury Protection (PIP) benefits are often found in drivers’ car insurance policies. While this type of coverage is not required by law and can be waived, it is frequently purchased by Massachusetts drivers. These are often described as “no-fault” benefits and are available to the driver or…