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My husband was in a fatal accident, can I file a wrongful death claim?

Under Massachusetts law, a person or company may be liable for wrongful death if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state.

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Don’t get “doored”. It is a surefire way to ruin a perfectly good day!

If you have ever ridden your bicycle in the City, you know what the term “doored” means.  It’s when a motor vehicle opens their door causing a collision with a bicycle.  Motorists are responsible for checking to ensure that there isn’t a bicyclist coming up from behind them before opening their door. This is covered by M.G.L. Ch. 90 section 14 states that “…No person shall open a door on a motor vehicle unless it

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Is Massachusetts a 50/50 state when it comes to the division of assets in a divorce?

The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state. Commonwealth laws dictate that the courts can decide on a fair division of assets regardless of who actually owned it. A court could declare that the division is 60/40, or 70/30,

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School buses and the Death Zone

The majority of children injured or killed on school buses and other student transportation vehicles are not injured or killed on the bus, but outside the bus. They are hurt or killed in the “Death Zone” which is the area immediately in front of or around the bus. Most are struck by motorists who fail to stop for the flashing red lights and extended stop signs. The Law: In Massachusetts, all lanes of traffic in

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Can I legally smoke recreational marijuana in public in the state of Massachusetts?

While marijuana use is legal in Massachusetts for people 21 and older, that doesn’t mean you can use it anywhere you want. Only adults 21 or older can legally purchase and possess marijuana, except for those who are registered patients. Consuming even legally purchased cannabis in Massachusetts at a public place is illegal under state law. This covers smoking, vaping, and cannabis-infused foods. While your safest bet is smoking in your home, if you have

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Your Liability as a Social Host

In a recent case, resulting in a $300,000 settlement, the parents of a 17 year old high school student were found liable under social host law, for injuries that occurred at a party on their property. The aforementioned party was unsupervised, and alcohol was present. Two boys began wrestling during the party and as a result, one suffered a burst fracture. Although the parents were not present, nor directly responsible for the incident that transpired,

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Am I eligible to adopt in the state of Massachusetts as a single parent?

To be eligible to be an adoptive parent in the state of Massachusetts, the law states you must be at least 18 years old, and you or the child must be a resident of Massachusetts. In most cases, any married couple or single adult is eligible to adopt. If married, both spouses must be a part of the adoption. In nearly every adoption case, judges in adoption courts will consider the child’s best interests when

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Third-party claims on Worker’s Comp. cases

A worker’s compensation claim will cover the cost of any medical bills and lost wages incurred from any injuries that have occurred while in the course of employment. If you have a worker’s compensation claim, there is a strong possibility that you also have a claim against a 3rd party. This third party can be anyone who may have contracted your employer, such as a separate company or a private property owner. There are a

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I was married and last lived in Massachusetts with my spouse but do not live in Massachusetts now, can I get divorced in Massachusetts?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six

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Another reason to get along with your ex…

Most Probate Judges award parents shared legal custody of their un-emancipated children.  Legal custody is the decision making power with respect to medical, educational and religious decisions. The one exception to this standard would be when there is a restraining order in place that prohibits effective communication between the parents. However, the tide seems to be changing and the Courts are looking at the parent’s relationship as to whether they are able to share legal

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