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Category: Personal Injury

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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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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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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Is Rental Car Insurance Necessary?

If you are planning on renting a car during your travels this summer, you are certainly familiar with the multitude of extra costs that can be tacked on. You may be asking yourself the particular question: do I need insurance for this rental car? While a rental company may tell you that their insurance is necessary, this is not always the case. First, let’s talk about what happens when you get in an accident in

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How long do I have to pursue a car accident claim?

In Massachusetts, you have three years from the date of the accident to bring a claim for your injuries.  This is called the Statute of Limitations (SOL).  The public policy reason behind a SOL is it would be inherently unfair to have a lawsuit come out of thin air years after an accident when all of the evidence and documentation is lost.  In order to preserve your rights to bring a claim, you must file

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Bicyclists Beware- follow the rules of the road!

If you are hit by a motor vehicle while riding your bicycle, you may not be able to recover for your personal injuries if you are not following the “rules of the road”.  Bicyclists are required to ride with the traffic; that means in the same direction.  If you are struck by a motor vehicle while riding against traffic, you are likely to be found more than 50% at fault for the accident.  I always

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Personal Injury FAQ

When bringing about a personal injury claim, it is difficult to navigate the process on your own. If you believe that you have a claim, it is always a good idea to set up a consultation with a lawyer. Some common personal injury cases include: motor vehicle accidents, work place injuries, slip and falls, and medical malpractice.   Once you hire an Attorney, a typical personal injury case takes anywhere from six months to three

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Injured on public property?

After a winter storm, your risk of a slip and fall drastically increases due to an accumulation of ice and snow. It is the responsibility of a business owner to properly remove snow from their sidewalk and parking lots. However, you may be wondering: what if a slip and fall occurs on public property? If you are injured on public property, the process of bringing a claim against a town or city is different than

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Gaps in Treatment in Your PI Case

If you have sustained injuries in a motor vehicle accident, and you are in the process of bringing a claim, an attorney will give you one important piece of advice: treat until you are 100% recovered. It is important to continuously treat, not just for the sake of your personal health, but for legal purposes. A gap in treatment can devalue your case. If there is no medical record of your injuries, it will be

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Contributory Negligence and how it impacts your personal injury case.

Under Massachusetts law, “Contributory Negligence” states that if the injured party is found to be more negligent than the responsible party, the injured cannot recover compensation. Plaintiffs can recover compensation if they are under 51% responsible for the incident. However, if it is found that the Plaintiff was negligent, they cannot be awarded damages. In a recent case out of Middlesex Superior Court, a pedestrian was struck by a vehicle while on a crosswalk. She

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