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

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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. Some injuries result from improper use, but thousands of new toys hit the shelves every year, and, unfortunately, not all are safe. You may be able to file a product liability

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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, several parties may be liable. Doctors, radiologists, nurses, and pharmacists are potential responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under Massachusetts law. Restrictions include when a claim can be made, limits on the damages, and requirement of specific types of evidence. Failing to diagnose or misdiagnosing an illness or

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Know Your Right to Recover Compensation From a Slip and Fall

When you slip and fall, there are a number of Massachusetts laws and legal rules that affect your case. Slip and fall injuries can be severe, especially during winter months when roads, walkways, and parking lots are icy. When negligence or a dangerous condition is to blame, you may be entitled to financial recovery. This article will explain two of the most important Massachusetts laws

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If You’ve Been Injured, Document Every Detail

When someone injures you, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports Immediately following an injury, or as soon thereafter

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Understanding Medical Malpractice in Massachusetts

Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the

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Remittitur: How The Term Is Used In Personal Injury Cases

Etymology In Latin, “remittitur” comes from the verb “remittere,” meaning “to send (something) back.” It is from this same Latin verb that English gets the verb “to remit” (as in canceling something such as a debt) and the noun “remittance” (something ‘sent back,’ especially the money that immigrants send to family members still living in the countries in which they were born). In Personal Injury Cases In personal injury

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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. Each state sets its own rules regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date the personal injury incident occurs. Therefore, you generally have three years from this date

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Liability And Wrongful Death With Covid-19

In Massachusetts, over 8,000 people have already died from Covid-19. Besides hospitals, many of these deaths have occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties attended by excessive numbers of non-socially distanced people without masks to thousands gathering in a similar fashion to protest, many Americans—and

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