Many activities require participants to sign a release in which the participant waives the right to recover damages for any injuries sustained during the activity. As such, even if an entity’s negligence causes a participant harm, he or she may not be able to recover compensation. If a release is…
Individuals injured by the negligence of another person typically do not contemplate the procedural aspects of filing a lawsuit, but they are vital to consider because the failure to follow the rules of procedure can result in the waiver of your right to pursue a claim. For example, the court…
Under Massachusetts law, recovering damages from a government entity, while not impossible, is complicated and there are strict guidelines that must be followed in any claim asserted. While governmental entities are afforded certain immunities and defenses, as set forth in a case recently decided by the Supreme Court of Massachusetts,…
If you suffer injuries in a slip and fall in a public area such as a hotel garage, it may not immediately be evident who is responsible for maintaining the portion of the premises in which you were injured. Massachusetts law permits you to pursue claims against all parties that…
Most personal injury claims assert a theory of liability based on negligence. Parties alleging negligence must prove a duty, a breach of the duty, and causation to recover on their claims. To show causation, a plaintiff must set forth sufficient evidence to show that the harm sustained was a foreseeable…
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…
If you seek to pursue compensation for personal injuries caused by someone else’s negligence, it is essential to retain an attorney that can identify all parties that may be responsible for your harm and set forth all possible theories of liability, as the failure to do so can be fatal…
Under Massachusetts law, if you slip and fall due to ice on someone else’s premises, you are required to provide the party responsible for the premises written notice of the place, time and cause of injury within thirty days. The Appeals Court of Massachusetts recently held in Lewis v. Rocco…
In Massachusetts, to recover damages for pain and suffering in a personal injury case in which the alleged injuries arose out of the ownership or operation of a motor vehicle a plaintiff must prove medical costs incurred in treating his or her injuries were in excess of $2,000.00. Recently, in…
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…