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What is Worker's Compensation, and how does it work in Massachusetts?

In Massachusetts, an employee may seek worker’s compensation relief if the employee has a complained-of harm that is of personal injury in nature. In addition, the injury that the plaintiff ...
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New Case Law: Who is Considered a "Household Member" for Insurance Coverage?

Many personal insurance injury policies provide for coverage to “household members” of the policyholder. But just who qualifies as a “household member”? The Massachusetts ...
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What is the Massachusetts Consumer Protection Act, Chapter 93A?

Massachusetts General Laws, Chapter 93A contains a total of eleven sections about the regulation of business practices for the protection of consumers. Why is this important? Among other reasons, ...
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New Massachusetts Case Law on the Duty of Care

Does a party who leaves heavy-duty equipment unlocked, unattended, and running idle owe a duty of care to a plaintiff whose property is damaged by an unauthorized third-party user of the equipment? ...
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Res Ipsa Loquitur in Massachusetts

In Massachusetts, when a party brings a personal injury claim against another, the outcome of the claim generally relies on the legal concept of negligence. Although the act of ‘being ...
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Is my personal injury settlement subject to taxation?

Whether you have been physically injured in an accident, exposed to toxic chemicals or bacteria causing you a physical illness, or were injured in a slip-and-fall, any of those events may cause ...
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New Massachusetts Case Addresses Immunity, Expert Witnesses, and Reduction in Damages

In a recent medical malpractice case, the Massachusetts Appeals Court addressed several important issues, including charitable immunity for defendants, admissibility of expert testimony, and reduction ...
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Food Poisoning Lawsuits

We often hear news of disturbing stories about foodborne illness. Whether due to contaminated romaine lettuce or mild food poisoning, foodborne illnesses can make people very, very sick. Foodborne ...
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Premises Liability Overview: Licensees, Invitees, and Trespassers

Property or premises liability complaints are often a result of accidents, such as slip and fall accidents. They may also occur from hazardous conditions, such as fumes or odors. The Commonwealth of ...
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Abuse, Harassment, and Stalking: What You Need to Know

In Massachusetts, abuse is defined as the occurrence of one or more of the following acts between family or household members: 1. Attempting to cause or causing physical harm; 2. Placing another in ...
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Deceit and Misrepresentation Discussed in New Massachusetts Appellate Case

Imagine purchasing a life insurance policy for your spouse, then finding out when it’s too late—once your spouse has passed away—that the policy had expired. That’s an ...
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I Have Been Sued. What Are My Options?

When you are sued, it can be a very stressful and confusing time. Your first reaction may be to ignore the lawsuit against you in the hopes that it will just go away. Although it may be tempting to ...
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Can Generic Consumers Sue a Name Brand Drug Manufacturer for Injuries? New Case Law

Do you take prescription medication ? If so, do you take the name brand medication, or do you sometimes turn to its generic counterparts? If you are like many of us, you have probably ingested generic ...
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Controlled Affiliates Under the Massachusetts Tort Claims Act: New Case Law

Does a property owner who is a “controlled affiliate” of a public housing authority also qualify as a public entity by its affiliation? More importantly for purposes of personal injury ...
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A Pharmacy's Duty Regarding Prior Authorizations: New Case Law

Does a pharmacy have a legal duty to notify a prescribing physician when a patient's health insurer informs the pharmacy that it requires a "prior authorization" form from the physician? ...
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The Massachusetts Rule Regarding Neighbors' Trees: New Case Law

As the expression goes, “good fences make good neighbors.” Under some circumstances, however, neighborly disputes can – and do – arise. One of those circumstances deals with ...
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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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Types of Brain Injuries and Their Devastating Effects

Most people realize that the brain governs how the human body works. Without it, we would not think, feel, move, and breathe. Because of its importance, an injury to the brain can result in ...
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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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Wrongful Death Actions in Massachusetts: Slip and Fall Accidents

Scenario: a young woman walked into an Italian restaurant to meet her significant other for dinner. As she proceeded to the table to eat, she slipped and fell on the floor. Unfortunately, two hours ...
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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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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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