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Recent Posts in damages Category

33 results found. Viewing page 1 of 2. Go to page 1 2   Next

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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Dog Bites in Massachusetts: An Overview

In Massachusetts, a dog owner or keeper is liable for damages if the dog causes personal injury or property damage, and the injured person was not trespassing, committing another tort, or provoking ...
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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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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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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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Ride-Sharing Accidents and Their Effect on Consumers

With the sharing economy on the rise, ride-sharing companies are becoming equally as popular. Ride-sharing allows a driver to share a seat in their car with someone for a small fee. Specifically, ...
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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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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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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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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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Suing Multiple Defendants

A florist delivery van driver is texting his boss while driving. He rear-ends a car stopped at a traffic light, injuring the car’s driver and damaging the vehicle. A 17-year-old drives 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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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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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 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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