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…
In medical malpractice cases, as in all civil claims, the plaintiff must set forth appropriate facts to raise a question of liability as to the defendant medical care providers. Unlike other civil cases, however, the sufficiency of the evidence set forth in a medical malpractice lawsuit is assessed by a…
Under the Massachusetts workers’ compensation act, if a person is injured at work he or she can seek workers’ compensation benefits. Even if a person recovers benefits, he or she is still permitted to file a third-party negligence claim against the individual that caused his or her harm, as illustrated…
No matter how strong a plaintiff’s case, if he or she fails to file a lawsuit within the time period set forth by the applicable statute of limitations, he or she may be precluded from pursuing a claim. While there are some exceptions to the statutory limitations period they only…
The adverse effects of smoking cigarettes are common knowledge. While currently cigarettes must be sold with warning labels, that was not always the case. As such, if someone began smoking decades ago and suffered harm as a result, he or she may be able to pursue claims against cigarette manufacturers…