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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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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Follow These 5 Steps if You’re Involved in a Serious Automobile Accident

Despite advancing technology in auto safety, millions of car accidents still result in injury. If you’re involved in an automobile accident in Massachusetts, there are several steps to protect your rights and maximize your payout. Knowing how to navigate an experience resulting in a personal injury or property damage can go a long way in helping you recoup medical bills, lost wages, and pain and

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The Dangers of Falling Snow and Ice

As the weather gets colder in New England, many people are already carrying out winterization measures to protect their homes and businesses. Road salt purchased, shovels dug out of garages, and tires swapped out. All this attention paid—and rightfully so—to the hazards of traveling on foot or by car through a winter wonderland. However, paying attention to snow on the ground should not come at

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