In any instance in which a person suffers bodily harm due to the negligence of another, they have the right to pursue claims for damages. It is critical, however, to pursue any claims in a timely manner; otherwise, the right to recover compensation may be waived. In some cases, however,…
Defective products harm millions of people each year, causing serious injuries, and in some cases, death. Anyone harmed by a defective product can seek recourse via a civil lawsuit, and product manufacturers can be held liable for the damages caused by defective products under several different theories. Recently, the United…
While many people think of Social Security Disability Benefits as benefits paid to adults who cannot work due to a physical or mental disability, disabled children may be eligible for benefits as well. Similar to adults seeking Social Security Disability Benefits, children seeking benefits must establish that they meet the…
When a person suffers harm on someone else’s property, he or she may be able to pursue damages via a negligence claim in a civil lawsuit. A plaintiff asserting a negligence claim must establish each element of negligence, though, otherwise, the claim may be dismissed. This was demonstrated in a…
There are many recreational activities that present a risk of harm, and therefore, many companies that allow people to engage in such activities require participants to sign a waiver. While Massachusetts has routinely ruled that a waiver of the right to sue precludes an individual from pursuing claims for harm…
Under Massachusetts law, the Commonwealth is granted broad immunities from tort claims. While the Massachusetts Torts Claims Act (the Act) provides some exceptions to sovereign immunity the exceptions are narrow and only apply in certain circumstances. Recently, a Massachusetts appellate court analyzed whether the Act permitted a minor to pursue…
Social Security benefits are not only available to individuals who have earned and income or are disabled, but also to the individual’s prior or current spouse if the individual dies. Regardless of whether a person is eligible for Social Security benefits, however, he or she will not receive any benefits…
Slip and fall accidents are one of the most common causes of personal injuries in Massachusetts. While in many instances, the condition that caused a fall is obvious, in others, it is not clear whether a condition contributed to a fall. Thus, in some cases, a person injured in a…
Most drivers in Massachusetts carry automobile insurance. Thus, if a driver causes an accident that harms another person, the driver’s automobile insurance carrier will typically make payments to the injured party on behalf of the driver. If an insurance company declines to make payments to an injured party on behalf…
Generally, when a customer is injured while shopping at a business, it is due to a dangerous condition. Although a customer injured by a dangerous condition at a business can pursue damages from the business, in most cases, the business will only be deemed liable if it knew or should…