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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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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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Duty to Trespassers in Massachusetts

Many people wonder whether they can be held liable for injuries sustained by trespasser who is injured on their land. Suppose that a group of teenagers decided to skip class on a cold winter day and ...
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Are punitive damages awarded in Massachusetts personal injury cases?

The most tragic aspect of being a personal injury attorney in Massachusetts is the human aspect: all too often, we help people who have been injured, often severely and in some cases having suffered ...
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Products Liability for Manufacturers of Auxiliary Products: New Case Law

Massachusetts law allows for recovery for damages suffered as a result of defective products. Plaintiffs may recover under three theories, generally, for products liability. The first theory claims ...
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What does the reasonable person standard mean in Massachusetts?

When bringing a negligence suit in the Commonwealth, a typical suit has four elements: duty, breach, causation, and damages. In establishing the first element of duty, the Commonwealth has established ...
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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 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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Defamation and Its Defenses

Your good name and general reputation are worth a lot, right? Say, for example, that Simon is a local store owner. A former customer, David, is envious of Simon’s financial success and concocts ...
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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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