Typically, discovery is conducted after a plaintiff files a lawsuit. In some cases, though, a plaintiff who does not have enough information to adequately institute claims against a defendant may file a complaint for discovery. This will allow the plaintiff to obtain the evidence needed to determine whether there is…
Under Massachusetts law, when a person dies in an accident, the person’s estate will often seek damages from the parties that may have caused the events leading up to the person’s death. Simply because an accident occurred does not necessarily mean that a party will be deemed liable, however. This…
It is not uncommon for people to allow friends or family members to borrow their cars. What may seem like a simple favor can unintentionally expose people to liability, however. In other words, if the person borrowing the vehicle is subsequently involved in a collision, the owner of the vehicle…
Massachusetts employees who are hurt while working are often eligible to recover compensation. There are certain prerequisites that must be met for harm to be compensable, however, and an employee that cannot demonstrate an injury is work-related may be denied benefits. Recently, a Massachusetts court addressed the issue of whether…
While most negligence cases are ultimately resolved based upon the merits of the plaintiff’s claims, some cases are dismissed on procedural grounds. Even if a person’s claims are dismissed due to the failure to comply with the statutory rules, however, relief may be available via a motion to vacate in…
It is not uncommon for a business to hire a company to clean and perform maintenance on the business premises. In such instances, a dispute may arise as to which party is liable if a person subsequently suffers injuries in a slip and fall accident caused by an improperly cleaned…
When people apply for Social Security Disability benefits, they will typically undergo examinations that result in the issuance of residual capacity forms (RFC), which describe their abilities to work and the extent to which they are deemed disabled. If an administrative law judge does not grant an RFC proper weight…
Many hospitals receive federal funding. Thus, if an employee of a federally funded hospital commits medical malpractice, any claims for damages must typically comply with the requirements of the Federal Tort Claims Act (FTCA). For example, the plaintiff must set forth the evidence in support of the claim that a…
Many students find college challenging and struggle to adapt and succeed. Tragically, some students feel as if they are unable to go on and ultimately die due to suicide. Whether a school that is aware of a student’s mental health struggles can be deemed liable for the student’s death by…
People typically rely on their health care providers to be competent and provide them with adequate care. Sadly, though, many doctors fail to exercise sound judgment when treating their patients, and their negligence causes considerable harm. People injured by medical malpractice can recover damages, though, if they can prove that…