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Recent Posts in Personal Injury Category

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The Basics of Assault in Massachusetts Personal Injury Law

When you think of the word “assault,” your mind may conjure images of criminal activity. You may not think that “assault” can be a term used in the civil litigation context as ...
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The Element of Intent in Personal Injury Law

Imagine that a woman strikes a man with her motor vehicle. The man survives the accident and files a lawsuit against the woman for her negligence. The woman alleges that she did not intend to strike ...
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Personal Injury Liability and Duty to Maintain a Sidewalk

To what extent is a business liable for personal injuries suffered on a sidewalk in front of the business? Does the business have a duty to maintain the sidewalks? In the recent case of Halbach v. ...
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Injuries to the Head and Brain

Injuries to a person’s head or brain are among the most serious of all types of injuries. When the injury to the head or brain is the result of someone else’s negligence, the victim or ...
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Factors in Settlement Negotiations in Personal Injury Cases

Most personal injury claims are resolved without ever going to trial. Slip-and-fall and motor vehicle accident cases may settle at any time--from before even being filed in court to as late as when a ...
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Damages focus: under what circumstances are attorney fees and court costs awarded as damages in personal injury cases?

If you are either a plaintiff or defendant in a personal injury lawsuit, you are likely wondering what types of damages you can be rewarded. As this is likely one of the first questions you will ask ...
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What does breach of the duty of care mean under Massachusetts law?

Personal injury cases can be complicated, and in some situations, it might be unclear whether the injuries you have suffered will evolve into a legal case. The most common way to prove fault in a ...
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Wrongful Death Actions Resulting From Construction Accidents

Imagine this hypothetical scenario: Robert, a father of four and late husband to his wife Elizabeth, lived in Massachusetts. He worked on various construction projects for his employer, a regional ...
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Wrongful Death Actions as a Result of a Car Accident

Motor vehicle accidents are tragic, especially when the result of the accident is that someone or several people die or suffer injuries in connection with the incident. When someone passes away as a ...
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How is Interest Calculated on Personal Injury Judgments?

Litigating a personal injury claim can be a costly, time-consuming process. Factors—such as waiting for treatment of injuries to end before bringing suit or the backlog of civil cases—may ...
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What are some examples of a heightened duty of care in Massachusetts?

One of the key elements in a claim for negligence is proving that the defendant owed to the plaintiff a duty of care. In Massachusetts, there is a duty of cared owed to every foreseeable person. A ...
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Accident Aggravating a Preexisting Condition

Suppose a person is injured in a motor vehicle accident. The victim is seriously hurt, and the accident worsens a previous injury that the victim had suffered. May the victim recover for his or her ...
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I was in an accident with an out-of-state driver. What are my options?

One of the most gut-wrenching and scary experiences one might face is a motor vehicle accident. Complicating matters even more is when the other driver involved is from out of state. Imagine that you ...
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Wrongful Death Actions in Massachusetts

Imagine that employees of a construction company worked with a subcontractor to install various fixtures in a house. The subcontractor installed a stainless steel railing, but failed to do so ...
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Comparative Negligence in Massachusetts

Suppose that two drivers driving on a busy road collide. Driver A is injured, but both drivers are partially at fault for accident—Driver A ran a stop sign, but Driver B was speeding at the time ...
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What types of invasion of privacy claims are available in Massachusetts?

An invasion of privacy tort is a tort claim that a plaintiff can bring against a defendant in the Commonwealth. Specifically, the courts have defined an invasion of privacy as “the wrongful ...
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What is Defamation, and How Does It Work?

Defamation is the “act of communicating false statements about a person that injures the reputation of that person” and may be accomplished through either slander or libel. ...
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What documents will my attorney need from me in preparing my personal injury suit?

When an individual suffers a personal injury, this is often an incredibly life-changing, traumatic experience for a client. A personal injury attorney will need certain information from the client in ...
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What is the Massachusetts lead paint law and how does it work?

As one of the oldest states in the United States, Massachusetts contains many older homes. Some of these homes were or are wrought with various hazards, among them lead paint. Hundreds of young ...
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What Types of Damages are Available in Personal Injury Actions?

A plaintiff may bring a personal injury lawsuit after suffering an injury caused by another person or organization. If the plaintiff is successful, he or she is entitled to receive compensation from ...
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When Might Damages be Capped?

Massachusetts, like many jurisdictions, caps the amount of damages that a plaintiff in a personal injury matter may receive. There are various types of damages that a plaintiff may be awarded in a ...
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When is an employee acting within the scope of his or her duties for purposes of a negligence claim?

In Massachusetts, the law requires that for a plaintiff to prove a case in negligence, the plaintiff must prove that: (1) the defendant owed a duty to the plaintiff; (2) the defendant breached that ...
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Recent Case Law Regarding the Massachusetts Tort Claims Act

Does the Massachusetts Tort Claims Act offer immunity from a lawsuit against a state police K-9 officer in a case where a police dog bites an innocent bystander during a police chase? This was the ...
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Steps for Filing a Motor Vehicle Accident Claim

Suffering personal injury, whether from a fall or a motor vehicle accident, is physically and emotionally traumatic. A personal injury attorney pursuing damages for the client’s pain and ...
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What must be proven, generally, in a negligence case?

Negligence is a significant subject in personal injury law, and the negligent operation of a motor vehicle is common within the personal injury context. Generally, negligence occurs when a party or ...
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