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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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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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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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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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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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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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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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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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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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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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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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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 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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I've Been Served with a Deposition Subpoeana. Now What?

A subpoena, from the Latin meaning “under penalty,” is a writ issued under court authority commanding an individual to appear at a designated time and place to offer testimony about a ...
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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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