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Blog Posts in 2016

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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Medical Malpractice in Massachusetts

According to a study in Journal of Patient Safety, medical errors leading to death in the U.S. may be as high as 400,000 errors, affecting that many patients, per year. Medical errors are also known ...
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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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Construction Site Accidents

The possibility for injury on or near a construction site is well-known. Between large suspended objects hanging in the air, towering scaffolding, moving cranes, electrical wiring, and fast-moving ...
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Birth injury

A birth injury is when a baby suffers trauma during the birth process. Birth injuries occur for various reasons: the size of the baby, prematurity, the size and shape of the mother's pelvis, ...
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Disability definition under SSDI

The Social Security Administration (SSA) oversees distribution of benefits for the Social Security Disability Insurance program. The SSA has a very specific definition of the term ...
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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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Admissibility of Pain and Suffering Hearsay in Your Personal Injury Case

If you have had a personal injury in Massachusetts, you will clearly need to provide evidence of your damages to the court. Included in that are your damages for pain and suffering--that is, the ...
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Medication Errors

A medication error occurs with a preventable event that causes or results in the inappropriate use of medication or patient harm, while the medication is in the control of a health professional or ...
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Asking Hypothetical Questions in Personal Injury Trials

Any personal injury trial attorney who goes to court regularly can tell you that attorneys, particularly newer attorneys, like to ask witnesses hypothetical questions. There is a valid reason. Juries ...
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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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What is Hearsay and How Does it Impact my Personal Injury Case?

Most everyone who has paid any attention to the legal system has heard the legal term "hearsay." Hearsay is defined as an out-of-court statements introduced to prove the truth of the matter ...
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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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Will a Dying Declaration Come into Evidence in my Massachusetts Personal Injury Case?

There simply tends to be something more reliable about a statement made on one's death bed than one made in ordinary life. Regardless of the actual reliability of any one statement, as a whole, we ...
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What Makes an Expert Witness in a Personal Injury Case?

As you might have guessed, expert testimony is generally given more credibility and weight by the finder of fact a Massachusetts personal injury case, or any other case for that matter, whether the ...
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Is Spontaneous Declaration Hearsay is Admissible in Personal Injury Cases?

Testimony may be excluded on the basis of hearsay due to its inadmissibility, but there are several exceptions. In this blog post, we discuss the spontaneous declarations exception and its potential ...
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Notice Requirement for Recovery for Personal Injuries from Falling on Snow or Ice

With all the snow and ice we've gotten this winter, it's more clear than ever that ice and snow create a dangerous environment. For those of us who have grown up in Massachusetts, we are ...
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How Underinsurance Can Save Your Personal Injury Case

It's called Part 12 coverage, and it's invaluable in a car accident negligence case that's resulted in an injured party. Part 12 coverage is also known as "under-insurance" or, ...
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Is it Negligence if a Personal Injury Victim Was Drunk Driving?

If you searched for and found this article, chances are your search regarding how alcohol relates to negligence or an accident. Perhaps you were the driver and you consumed alcohol, and the accident ...
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