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Articles Posted in Wrongful Death

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Massachusetts Court Explains the Doctrine of Claim Preclusion

Generally, companies that sell harmful goods can be held accountable for any injuries consumers sustain while using their products. It is well-established that parties only get one bite of the apple, however, which means they only get one shot to prove liability and recover compensation. Additionally, people deemed in privity…

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Fatality Following Warehouse Ammonia Leak Raises Occupational Health and Safety Concerns

Each year, thousands of employees suffer devastating injuries while at work. Many of these accidents could be avoided if employers complied with applicable federal and Massachusetts health and safety laws. According to these regulations, employers have a duty to maintain a safe job site. This includes fixing broken equipment or…

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Massachusetts Appellate Court Upholds Dismissal of Claim Against Estate Based on Statute of Limitations

One of the most critical aspects of any personal injury claim is the statute of limitations. Massachusetts law imposes certain timelines dictating when a plaintiff must file his or her lawsuit against the defendant. If the plaintiff fails to initiate the action within the statute of limitations period, the plaintiff…

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Massachusetts Appellate Court Upholds Verdict for Plaintiff in Wrongful Death Medical Malpractice Case

In any case involving the alleged wrongful death of the victim, the surviving heirs bringing the action must show that the defendant acted negligently at the time of the accident. This involves proving four separate elements:  duty, breach, causation, and damages. In a medical malpractice case, the plaintiff typically must…

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Woman Killed in Party Bus Accident in East Boston

Party buses and large limousines are becoming an increasingly popular transportation choice for large cohorts of individuals celebrating birthdays, weddings, or other festivities. Recently, a woman was hit and killed by a party bus in the East Boston area. According to reports, the victim was a female who fell out…

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Teenager Drowns in Massachusetts Boating Accident

With the warm summer months underway, many Massachusetts residents are flocking to the coastline and waterways to enjoy some of the state’s most popular recreational activities. Whether it is canoeing, swimming, boating, or something else, it is critical that people use caution at all times when engaging in their favorite…

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Massachusetts Appellate Court Upholds Plaintiff’s Use of Attorney Affidavit in Dram Shop Fatality Case

Massachusetts is one of many states that have enacted a statute allowing accident victims to hold businesses liable for over-serving a patron who leaves the establishment and causes an accident. These statutes are frequently referred to as dram shop acts and provide a basis for recovery for personal injury as well…

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