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

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

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

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,

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

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

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

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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