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Recent Posts in litigation Category

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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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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Journalist Privilege: When Should Sources Be Revealed

There are logically a variety of reasons the journalists should reveal their sources, just as there are reasons they should keep those sources confidential. As a Boston personal injury attorney, my ...
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Are Medical Records Admissible in Massachusetts Personal Injury Cases?

Sometimes the best way for lawyers and non-lawyers alike to learn and understand the law is to review old (but not overturned) personal injury law cases. I like that approach regarding the issue of ...
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Can I Sue the MBTA?

Yes. The MBTA is a corporation established to serve a public purpose and is liable in tort for negligence. As a common carrier, the MBTA has a heightened duty of care. That means that because the ...
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Can I Sue a Commercial Landlord for Slip-and-Fall?

Slip-and-fall cases are among the most common personal injury cases. People slip, fall down, and hurt themselves far more often than the general population realizes. If you have fallen and gotten ...
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Is Court Approval Required for Settlements Involving Minors?

Many people, and perhaps you, engage directly with the insurance company to negotiate your own settlement. Your decision is likely based on an assumption that you have the ability to negotiate a ...
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