In Massachusetts, an injured party can be partially responsible for her or his own injuries and still recover damages from a negligent party. However, the responsibility for the injury cannot be greater than the defendant party or parties. If the injured person meets the threshold but contributed to the injury,…
Before participating in a higher-risk activity like skydiving, bungee jumping, or community sports, the company running the program may require a participant to sign a release form, which shows she or he understands the risks involved with the activity and agrees not to hold the owners of the company or…
In any civil lawsuit, the plaintiff must ensure the at-fault party or parties receive notice of the claim so that they can appropriately respond. In Massachusetts medical malpractice actions, the General Laws specifically require that an injured patient or estate give written notice to a provider of health care 182…
In Draper v. Francesco Demolition, Inc. (15-P-702), the Commonwealth’s Appeals Court reviewed a directed verdict made during trial in favor of the defendants in a personal injury action, determining whether an injured man contracted bacterial pneumonia as a result of the defendants’ negligence. In this case, the focus was whether…
Since insurance coverage is mandated by law, most car accident victims must deal with one or more insurance companies when seeking compensation for injuries to their person and property. An insurance company must follow certain settlement guidelines found within Massachusetts’ General Laws in order to ensure fair claims settlement practices.…
When an at-fault party is faced with a lawsuit, they will raise any and all legal defenses available to avoid liability. In all litigation, courts attempt to avoid duplicative processes to provide efficient and effective justice. The legal doctrines of res judicata and collateral estoppel bar re-litigating claims or issues…
There are many documents you can and should use for your Massachusetts estate plan. Medical care considerations can become especially complicated as you weigh the resources available to help cover the cost. The recent Massachusetts Appeals Court case of Heyn vs. Dir. of the Ofc. of Medicaid (15-P-166) reinforces a…
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…
It can be difficult to get the money you deserve after suffering an injury from an accident. Drivers sometimes do not carry the statutorily required insurance or the insurance policy limits may not be enough coverage to cover all the medical expenses. A recent case, Boyle vs. Zurich American Ins.…