Massachusetts Injuries

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Search results for “evidence”

20 results

Preserve Key Evidence Before a Lowball Lung Claim

If a mine worker in Massachusetts is getting two totally different stories about serious lung damage, the first fight is evidence, not trust.

ARTICLE by Meredith Harrington

clear and convincing evidence

What level of proof does that actually mean? It means the evidence has to be strong enough to leave the judge or jury with a firm belief that something is true. Not just...

preponderance of evidence

What do you actually have to prove to win a civil case? In most injury lawsuits, you do not need to prove your case beyond all doubt. You need to show that your version of...

burden of proof

People mix this up with the standard of proof, but they are not the same. The burden of proof is about who has to prove a claim or defense. The standard of proof is about how...

A written statement of facts that a person swears or affirms is true, usually signed before a notary or other authorized official. Affidavits are used to put key facts into a...

chain of custody

A case can fall apart fast when nobody can show who handled a key piece of evidence, where it was stored, or whether it was changed along the way. Chain of custody is the...

What happens if key evidence gets destroyed, altered, or lost after an injury? That is spoliation: the failure to preserve evidence that is relevant to a claim, defense, or...

closing argument

Miss what this means at trial, and the last part of the case can sound like new evidence is being slipped in when it is really each side making its final push. A closing...

subpoena duces tecum

A demand for records can swing the value of a case fast. If key papers never show up - or show up late - you can have a harder time proving damages, pinning down who knew what,...

What trips people up most is that a subpoena is not just a request. It is a formal court-backed order requiring a person, business, or other nonparty to do something specific -...

A qualified specialist brought in to explain technical, medical, scientific, or industry issues a judge or jury cannot fairly sort out on common sense alone. An expert witness...

I gave birth in New Bedford and now their doctor says the nerve damage is all in my head

An EMT in New Bedford is being told a childbirth epidural injury is fake or pre-existing, even with MRI findings, and that's exactly where insurers try to bury a real claim.

ARTICLE by Rosa Tavares

A Worcester insurer will call you 51% at fault to make your broken leg worthless

A hair salon worker with a compound femur fracture is getting hit with the oldest insurance trick in Massachusetts: blame you hard enough and the money disappears.

ARTICLE by Tyrone Mitchell

People often mix up a declaration and an affidavit. Both are written statements of fact, but an affidavit is typically sworn before a notary or other authorized official, while...

jury deliberation

You may see this in a trial notice, a courtroom update, or hear a lawyer say, "The case is with the jury now" or "The jury has started deliberating." That means the evidence is...

Six months after that Worcester store fall and your hip still isn't right - did staying quiet wreck the case?

A quiet fall, a gap in treatment, and three different companies denying blame is exactly how a decent Worcester injury claim gets gutted.

ARTICLE by Joanne Kowalski

Got a call saying "light duty or no checks" in Springfield? Not if your doctor shut it down

A project manager driving between job sites in Springfield can still be on the job, and an employer cannot just invent "light duty" to cut off benefits when CRPS makes even desk work impossible.

ARTICLE by Carlos Medina

You might see this in a motion, deposition notice, or trial prep email as a line about "materials for impeachment" or a warning that a witness "may be impeached." In that...

Worcester store parking lot, shattered femur, and now the company says he was off the clock?

A bad leg break at a Worcester business can still be a real claim even if the company says its driver was "off the clock."

ARTICLE by Meredith Harrington

A person who testifies about what they directly saw, heard, did, or observed, rather than offering specialized opinions based on training or expertise. In a lawsuit, that...