Each auto insurance policy in Massachusetts requires that after an accident or loss, the named insured or anyone else covered under the policy must cooperate with the insurer in the investigation, settlement and defense of any claim or lawsuit. This mandatory cooperation is a contract obligation which means that the insurer can deny coverage based […]
Massachusetts Personal Injury Blog
Read the Massachusetts Personal Injury Blog to get the latest information on Massachusetts personal injury law, cases, safety tips, and general interest topics about Essex County, Massachusetts.
Although commonly referred to as a “negligence claim,” there are four elements required to prevail on a personal injury claim of negligence – duty, breach, cause, and harm. The first two elements combine to form what is known as “negligence.” A plaintiff must first establish that the defendant owed the plaintiff a duty of care, […]
Past issues of “Legal News” (Feb. 2014, Feb. 2016) discussed how an exchange of emails can be sufficient to form a binding contract and can satisfy the Massachusetts’ Statute of Frauds requiring a signed writing in contracts for real estate. Although informal, email has become an accepted means of communication in business and social interaction. […]
Presentment requirement statute under the Tort Claims Act The Massachusetts Tort Claims Act (MTCA) eliminated traditional sovereign immunity from lawsuits for the state, cities and towns and most agencies, and permits tort claims to be brought against public employers in accordance with the procedure set forth in the Act, including presentment of claims within two […]
Plaintiff loses appeal for injury-at-birth claim Sometimes after a lawsuit is commenced, facts will emerge through the discovery process identifying new claims or additional defendants. When that happens, under procedural rules, a Plaintiff can file a motion to amend the complaint and add facts, parties or causes of action. In Massachusetts, such amendments to the […]