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…
In analyzing whether an employee suffered a work-related injury, it is common for an employer’s workers’ compensation insurer to require an employee to undergo a medical examination, after which the examining physician will issue a report. The physician report can make or break an employee’s case, depending on whether or…
While most illnesses are apparent at the time of onset, many work-related illnesses are not diagnosed for several years. If you contracted an illness due to your employment, you should be entitled to recover compensation regardless of when the illness became apparent. In Jones’s Case (Gregory B. Jones vs. NSTAR &…
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…
Under Massachusetts law, hearsay is not admissible testimony at a trial. There are exceptions to this rule, however, which allow certain testimony that is considered hearsay to be admitted. The Appeals Court of Massachusetts recently held in Hasouris v. Sorour, a medical malpractice action, that a witness’s deposition testimony can…
While many injuries sustained at work are minor, some workplace injuries cause permanent disabilities that leave the injured employee unable to earn a living. Under Massachusetts workers’ compensation law, you must prove that you are unable to earn wages of any kind to show that you are permanently disabled. If…
Most medications have side effects, but some medications can cause more harm than good. If you sustained injuries or illness caused by adverse effects of medication, you may be entitled to recover damages. To recover on a claim against a pharmaceutical manufacturer, under Massachusetts personal injury law you must present…