Typically, a plaintiff in a Massachusetts medical malpractice lawsuit will assert a negligence claim against the defendant, but in cases in which the defendants’ acts were especially egregious, the defendant may not only be held liable for negligence, but also for gross negligence. In a recent Massachusetts case in which…
Many claims against national corporations are filed in or removed to federal court based on diversity jurisdiction. For a federal court to exercise jurisdiction over a case, though, there must be complete diversity between the plaintiff and all named defendants. Thus, in some instances, a defendant will allege that a…
In Massachusetts, if an employee suffers an injury in the workplace, the employee is typically limited to pursuing a workers’ compensation claim to recover compensation for his or her harm. If the person that suffers an injury while working is not an employee, however, he or she may be able…
When a plaintiff files a civil lawsuit seeking damages for harm allegedly caused by an accident, the plaintiff places his or her health at issue. Thus, the defendant in the lawsuit is permitted to seek evidence regarding the plaintiff’s health prior to and after the accident, which can include examinations…
When people decided to attend college, they generally assume that whatever school they attend will provide a safe environment. Thus, in some instances in which a person suffers injuries while attending a university, the school will be deemed accountable. Liability will not be imposed in all instances, however, but only…
In many instances in which a person is harmed by a corporation, the person will be a citizen of one state, while the corporation will be recognized as a citizen of another state. Thus, in many cases in which a plaintiff seeks damages from a corporation, the case will either…
A person suffering from disabilities that prevent the person from holding gainful employment may be eligible for Social Security Disability Benefits. While physical disabilities preclude many recipients of Social Security Disability Benefits from working, mental disabilities can impair a person’s ability to work as well, and evidence regarding mental impairments…
Under Massachusetts law, a plaintiff seeking to recover damages from a defendant in a car accident case must not only prove that the defendant caused the accident, but also that the plaintiff suffered actual harm due to the accident. As such, if a plaintiff cannot establish that he or she…
In many instances in which a person is injured by a harmful product, the person will be able to pursue multiple claims against the entities responsible for designing, manufacturing, and distributing the product. If a plaintiff alleging multiple claims in a product liability case is unable to prove one claim,…