In Massachusetts, an injured party can be partially responsible for her or his own injuries and still recover damages from a negligent party. However, the responsibility for the injury cannot be greater than the defendant party or parties. If the injured person meets the threshold but contributed to the injury,…
Injured employees may receive compensation beyond the emergency room bill and calculated wages under the Workers’ Compensation Act. They may also receive payments for prescriptions and therapies for persistent medical conditions. In Magraf’s Case (16-P-364), the appellate court reviewed an award of prescription drug coverage and reimbursement for medical appointments…
After a workplace injury, a worker is entitled to receive a weekly wage that’s calculated by plugging the worker’s earnings into a formula under Massachusetts G. L. c. 152, § 35D. A partially incapacitated worker may receive 60% of the difference between the average weekly wage before the injury and…
In Massachusetts premises liability cases, the injured person must show that the owner or manager of a property failed to uphold the duty to use reasonable care to keep the premises safe. Typical scenarios are when someone slips and falls on a substance or harms themselves because of a hazardous…
In a recent case (15-P-1563), the Massachusetts Appeals Court reviewed a wrongful death lawsuit filed by the estate of a deceased infant, alleging the health care providers negligently performed their duties and led to the death of the infant. The case went to trial, ending with a verdict for the defendants. The estate…
Massachusetts limits the time in which an injured party can file suit against a defendant. For most personal injury actions, the case must commence within three years after the cause of action accrues. This is known as the statute of limitations. This time begins when the date of the injury occurred…
Pre-existing conditions can complicate an award of workers’ compensation benefits. In the event a pre-existing condition occurs, General Laws c. 152, § 1(7A) only requires the new injury to be compensable if the work injury was a major but not necessarily predominant cause of the disability. A recent case (Bd. No.…
Many Massachusetts businesses rent space from another entity to use for their business, along with parking and walkways for customers and employees to use. When a slip and fall injury occurs, liability can stem from either the business or the property owner or both. If another entity were in charge…
Before any jury trial, the attorneys for the parties to the lawsuit can speak to, question, and make strikes of citizens within the jury pool to shape the eventual panel that hears the case and decides whether liability exists and which (if any) damages to award. This is known as…
In a medical malpractice action, it is essential to have proper medical experts. Medical experts help show the defendant medical provider failed to meet the standard of care for that particular specialty. The Appeals Court recently issued a decision, Russo v. Fisher (15-P-1264), which reviews whether or not a summary…