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Recent Posts in injury Category

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Liability to Protect Against Foreseeable Car Accidents: New Case Law

A recent Massachusetts appellate case addressed the issue of liability of a convenience store to protect against foreseeable car accidents on its property. The case, Dubuque v. Cumberland Farms, dealt ...
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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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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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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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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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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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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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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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Liability for Teen Drivers in Motor Vehicle Accidents

Motor vehicle accidents are the principal cause of death among persons aged 15 to 20, according to National Center for Health statistics. Indeed, Insurance Institute for Highway Safety numbers show ...
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Can I Use the Police Report in my Massachusetts Personal Injury Case?

Which piece of evidence often presents our Boston personal injury lawyers with the most amount of information regarding a car accident ? The police report, of course. Is a police report and ...
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Negligent Entrustment: Are you Liable for Allowing A Drunk Person to Drive Your Car?

Picture this likely scenario: a group of twenty-somethings is partying at a football game. They're tailgating before the game, drinking throughout the game, and then having a few more alcoholic ...
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Can I recover for Personal Injury if was Hit by a Car when Crossing the Street?

Being hit by a car as a pedestrian would ordinarily leave the pedestrian thinking that they likely have a personal injury case against the driver of the vehicle. The fact is, however, those cases are ...
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When is an Opinion Relevant in a Personal Injury Case?

For trial attorneys and personal injury lawyers like me, there is really no question about it: witnesses love to give their opinions. (Well, maybe I should say, people like to give their opinions.) ...
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Relevant to Personal Injury, What is the Law Regarding Passing Another Vehicle in Massachusetts?

Car accident injuries are some of the most significant injuries that people encounter in their lives. Speed is often a factor, not only affecting whether people are injured, but also affecting the ...
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State of Mind or Intent in a Personal Injury Case

As we've covered in previous blog posts, out-of-court statements offered to prove the matter asserted in those statements are considered hearsay and are inadmissible. However, there are several ...
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Do I have to Prove anything more than the Fact I was Rear-Ended?

What does it mean for your car accident and personal injury case when you have been rear-ended by another vehicle? The conventional wisdom in Massachusetts is that if you've been rear-ended, then ...
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Is Driving an Unregistered Vehicle Negligence?

If you've been involved in a car accident that resulted in your injury or injuries to others, and there was a vehicle involved which was unregistered, you are probably wondering the implications ...
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Who is Liable when there is Medical Malpractice after a Car Accident?

What happens when a treating doctor injures you due to his or her negligence while treating you for the injuries you sustained in a car accident ? Well, it's safe to say you'd be having a bad ...
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Can I Recover in a Car Accident Injury Case if I'm Partially to Blame?

Often, accidents occur as the result of the negligence of multiple people--sometimes even the negligence of the person who suffered the greatest injuries. It can be difficult for that individual to ...
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