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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Snap Judgments: Does Chauvin have a viable case for a new trial?

Original Article By Pat Murphy on masslawyersweekly.com Q: Does former Minneapolis police Officer Derek Chauvin have a viable argument for a new trial based on claims he was denied a fair trial because of media coverage, pre-trial disclosure of the $27 million civil rights settlement with George Floyd’s family, pre-verdict pronouncements of his guilt by political leaders, and/or the denial of his request for a

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Investigation into Milford’s police chief continues

Pighetti put on leave in February after traffic stop Alison Bosma The Milford Daily News   MILFORD — Two months after Police Chief Michael Pighetti was put on paid leave, the town is still investigating the complaint that put him there. “I can’t confirm that there even is any investigation ongoing, as we have not been contacted by anyone associated with the Town of Milford

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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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Federal Court Dismisses Claims Against Fall River Chiefs of Police and Police Officer

In 2016, members of the Fall River Police Department were involved in a criminal investigation of an individual based upon allegations of abuse perpetrated on the individual’s siblings and the neglect of the individual’s mother, who subsequently passed away.  After his arrest and criminal conviction, the plaintiff brought suit against members of the Fall River Police Department.  The plaintiff claimed, among other things, that he

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RJA ATTORNEY ANDY GAMBACCINI TO PRESENT AT A PANEL DISCUSSION ON POLICE REFORM LEGISLATION IN MASSACHUSETTS

At the close of 2020, the Massachusetts Legislature passed, and Governor Charlie Baker signed, a bill entitled “An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth[].”  This so-called police reform legislation promises to usher in a broad range of profound changes to Massachusetts policing at a number of levels. On April 5, 2021, a distinguished set of panelists will be

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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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