Workplace injuries not only cause physical harm, they often inhibit a person’s ability to earn an income as well. Most employers carry workers’ compensation insurance, however, which provide wage loss benefits to employees injured in the workplace in certain instances. As recently explained by the Appeals Court of Massachusetts, however,…
Under Massachusetts law, a property owner has a duty to keep the property in a safe condition to prevent the harm of individuals entering the property. When a property owner breaches this duty and a person is injured due to a dangerous condition, the property owner may be liable for…
In most cases, the statute of limitations for personal injury claims in Massachusetts. When the harm alleged is reportedly caused by a defect in a roadway, however, the injured party is required to provide notice to the government or quasi-government entity that is responsible for the roadway within thirty days…
If a person is unable to work due to an injury or chronic illness, he or she may be able to seek social security disability benefits. In order to obtain social security disability benefits, a person must be deemed disabled by an administrative law judge. In determining whether a person…
Wrongful death claims allow a personal representative of an estate to seek compensation for any pain and suffering their loved one experienced prior to his or her death, as well as medical expenses and loss of the deceased person’s services and income. While it is obvious that a wrongful death…
It is commonly understood that parties harmed due to someone else’s negligence must pursue their claim within the time frame set forth by the applicable statute of limitations, otherwise they waive the right to recover. In certain instances, a statute of limitations can be tolled, such as in cases where…
In most Massachusetts personal injury cases, the injured party is free to pursue damages from the party that caused his or her harm, as long as certain procedural requirements are met. In cases in which the person that caused the alleged harm is an employee of the federal government, however,…
In Massachusetts, medical malpractice cases are handled differently than other civil lawsuits, in that the plaintiff must first present evidence of the defendant’s malpractice to a tribunal which will determine if the plaintiff has proffered sufficient evidence of liability to allow a case to proceed. Recently, the Appeals Court of…
It is commonly understood that the Massachusetts Workers’ Compensation Act provides that if a person is injured at work and recovers workers’ compensation benefits from his or her employer, the injured party’s acceptance of benefits will act as a release, preventing the injured party from pursuing any further claims from…
Under Massachusetts law, a party who is injured by someone else’s negligence typically has three years from the date of the injury to pursue a claim against the negligent party. In certain cases, however, such as when a person is injured on a public way, the law requires that the…