In most cases, the statute of limitations for personal injury claims in Massachusetts. When the harm alleged is reportedly caused by a defect in a roadway, however, the injured party is required to provide notice to the government or quasi-government entity that is responsible for the roadway within thirty days…
It is commonly understood that parties harmed due to someone else’s negligence must pursue their claim within the time frame set forth by the applicable statute of limitations, otherwise they waive the right to recover. In certain instances, a statute of limitations can be tolled, such as in cases where…
It is commonly understood that the Massachusetts Workers’ Compensation Act provides that if a person is injured at work and recovers workers’ compensation benefits from his or her employer, the injured party’s acceptance of benefits will act as a release, preventing the injured party from pursuing any further claims from…
In Massachusetts personal injury cases alleging a breach of duty, it is common for one or both parties to engage expert witnesses, to offer an opinion regarding whether the defendant owed the plaintiff a duty, and whether the breach of any duty resulted in harm to the plaintiff. The testimony…
Under Massachusetts personal injury law, to recover from a negligence claim you must show that the defendant breached a duty of care owed to you and that the breach caused you to suffer injuries. It is important to understand what must be proven in order to establish negligence, because a…
Under Massachusetts law, hearsay is not admissible testimony at a trial. There are exceptions to this rule, however, which allow certain testimony that is considered hearsay to be admitted. The Appeals Court of Massachusetts recently held in Hasouris v. Sorour, a medical malpractice action, that a witness’s deposition testimony can…
While many injuries sustained at work are minor, some workplace injuries cause permanent disabilities that leave the injured employee unable to earn a living. Under Massachusetts workers’ compensation law, you must prove that you are unable to earn wages of any kind to show that you are permanently disabled. If…
While some workplace injuries resolve in a relatively short time, others continue to cause issues years after the initial injury. Employees are entitled to recover compensation for almost all work related injuries, but when an employee suffers more than one injury, it can become unclear who is responsible for providing…
People are often asked to sign waivers before engaging in activities that may be perceived as dangerous. Under Massachusetts personal injury law, signing such a waiver generally precludes the person who signed the waiver from pursuing a negligence claim against the released party. In Cahalane v. Skydive Cape Cod, however,…
Collateral estoppel is a long-standing rule of law that people can only get “one bite of the apple.” In other words, people are not entitled to re-litigate the same facts or claims until they reach a verdict of their liking. There are certain requirements that must be met to preclude…