Legal Resources

Punitive Damages and Personal Injury Cases: A Rare Option in Massachusetts Courts

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Massachusetts and the other New England states do not allow for punitive damages. One exception to this in the Commonwealth is in wrongful death cases. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These can include the cost of medical bills, loss of income, loss of future earning potential, pain and suffering, and loss of companionship if one’s spouse

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How does contributory and comparative negligence affect my car accident lawsuit?

Anyone who has experienced an auto accident knows how quickly things can spiral out of control. With any luck, all parties involved can walk away from such an event unharmed. Unfortunately, this is not always the case. In the event an auto accident leads to injury, it’s crucial to determine who is at fault and the level of culpability they contributed to the accident. Comparative fault and contributory negligence are models for determining who bears responsibility for an auto accident. This is central to car accident lawsuits as there is often no clear answer. Oftentimes more than one person may

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What Type of Damages Can You Sue for When Injured?

If you have been injured as the result of someone else’s reckless actions or lack of care—whether on the road, in unsafe premises, or elsewhere—you may be entitled to compensation for the material and immaterial consequences of your injury. A skilled personal injury can give you a personalized assessment of the damages you have suffered, what a court would assign as their worth, and how best to obtain compensation for you through the legal system. This article, however, is designed to give you an overview of damage claims that Massachusetts courts may recognize. Compensatory Damages Only In American law, two

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What You Need to Know if a Defective Product injures your Child

Trips to the emergency room are every parent’s worst nightmare. Yet, according to the United States Consumer Product Safety Commission, each year, over 200,000 children are treated at hospital emergency rooms for toy-related injuries. While some injuries are due to improper use, thousands of new toys hit the shelves every year, and unfortunately, not all are safe. If a defective toy injures your child, you may be able to file a product liability lawsuit. Most personal injury cases are based on negligence; however, when the negligence is in relation to product design or manufacturing or a failure to warn appropriately,

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I was injured as a passenger of an Uber driver, who is responsible for damages?

If you’re injured in a ride-sharing vehicle, such as Uber or Lyft, you have a right to get compensation for your injuries and other damages. Financial responsibility typically falls on the insurance company of the at-fault driver, which may be the ride-sharing company’s driver or another driver involved in the accident who caused the crash. The ride-sharing driver’s car insurance coverage will apply to passenger injuries only if the driver has a commercial insurance policy or a personal car insurance policy with a special provision providing insurance coverage while engaged as a ride-sharing driver. However, many ride-share drivers do not

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Know The Legal Steps To Take After A Wrongful Death Caused By An Auto Accident

Struggling with the loss of a loved one is never easy. Figuring out the legal steps when dealing with a wrongful death due to an auto accident is difficult, which is why we’re here to help ease this troubling time. The Centers for Disease Control and Prevention (CDC) reports that there are more than 32,367 fatalities annually as a result of car crashes. Such collisions are often a result of the negligence of another person. Many drivers falsely believe that car accidents are always “accidental” and are something unfortunate that just happens. From the carelessness of another driver, the negligence

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Rear-end collisions and the rush to settle

Rear-end collisions are not uncommon, but they are not simple or routine. Rear-end collisions come on a sliding scale, ranging from the annoying to the frightening to the downright devastating. A long-haul trucker whose brakes fail at an off-ramp can total cars, wreck bodies, and take lives. On the other hand, a distracted driver letting his foot of the break in snail’s-pace traffic will probably result in a dinged bumper and frayed nerves. What rear-end collisions often have in common is insurance companies’ haste in settling. Why could this be? Liability in rear-end collisions is clear: whoever was in the

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My husband’s medical condition was misdiagnosed. Who should be held responsible?

When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence. Failing to diagnose or misdiagnosing an illness or condition can qualify as medical malpractice if it can be proven that a doctor or healthcare provider was negligent. This

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Massachusetts Auto Accidents: An Overview

Wherever an auto accident happens, it is never convenient, often overwhelming, and at times life-altering. If you have recently been in an accident in the Commonwealth of Massachusetts, this article will help you sort out what the process looks like from here, giving you a sense of what you have already done and what remains to be done to get your life back on track. For any Massachusetts driver, whether you have been in an accident or not, it is important to understand Commonwealth law regarding auto accidents so you can respond quickly should an accident happen to you. Reporting

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The Dangers of Falling Snow and Ice

While slip-and-fall, or slip-and-crash, accidents immediately come to mind as common winter hazards, falling ice and snow from roofs can also cause serious injury to the unsuspecting traveler. Serious head, neck and back injuries, including severe concussions, can result from a snowpack sliding off a steep roof and onto a passerby. Along with the possibility of a concussion and neck injuries, if the passerby is knocked off his or her feet there might also be the typical injuries of a slip-and-fall accident. In general, the responsibility for keeping roofs reasonably clear, or marking off potential “falling ice” areas as a

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How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit. There are a few exceptions to this rule, however. For instance actions against the Massachusetts Bay Transportation Authority(MBTA). You only have two years to file a suit for injuries you sustain as a passenger on public transit. To ensure your personal injury

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My mother slipped while walking through an icy mall parking lot and broke her arm. Who is responsible for her injury?

Slip and fall accidents are common when weather conditions are wet and icy. When it comes to maintaining the safety of public areas, such as parking lots or sidewalks, the property owner has a duty to exercise reasonable care. This is a legal duty, and failure to do so can result in negligence. The periodic inspection of the property and the removal or remediation of snow and ice within a reasonable time is the duty of property owners to reduce the risk of falls and injuries. The commonwealth of Massachusetts no longer practices the “natural accumulation” rule, which relieved a

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Personal Injury Claims in Massachusetts – What You Need To Know

Personal injury is described as an injury to your body, mind, or emotions and can cover all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or

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Rear-end collisions and the rush to settle

Rear-end collisions are not uncommon, but they are not simple or routine. Repeat after me: there is no such thing as a ‘simple’ rear-end collision. Again, there is no such thing as a “routine” rear-end collision. Rear-end collisions come on a sliding scale, ranging from the annoying to the frightening to the downright devastating. A long-haul trucker whose brakes fail at an off-ramp can total cars, wreck bodies, and take lives. On the other hand, a distracted driver letting his foot of the break in snail’s-pace traffic will probably result in a dinged bumper and frayed nerves. What rear-end collisions

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Why your Slip and Fall is Not as Innocent as You May Think

Slipping and falling in a grocery store, workplace, or retail store may seem innocent. The fall is innocent until the pain becomes a serious injury, such as bulging disc in the back or neck or even a broken bone, that leads to life long repercussions. Slip and falls are a part of tort law, a special area of the law dedicated to a harm or loss resulting in a legal liability for the person who created the harm. Property owners are legally obligated to follow specific building regulations for the safety of bystanders and shoppers. If there is a dangerous

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