Blog & Resources

September 9, 2020

Liability And Wrongful Death With Covid-19

In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and many Massachusetts residents—have knowingly and willingly acted in defiance of government safety recommendations. For the grieving survivors of COVID-19 victims or for patients slowly recovering, they may wonder—can these people be held liable for these reckless actions? Is this negligence and can one file a wrongful death claim if they caught Covid-19 at one of these gatherings and died? New Law Shields Many from Liability In April, a new law came into effect in Massachusetts that shields all caregivers, medical professionals, and medical facilities from liability for wrongful death or injury in the period beginning March 10, when coronavirus led to a state of emergency declaration. The bill, which also shields certain volunteer groups from liability, shields from liability any doctor, nurse, caregiver—or the facilities […]
September 4, 2020

Divorce When Only One Partner Lives in Massachusetts

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps a history of domestic violence and a need for safety has compelled one spouse to put considerable distance between his or her person and the other spouse. As the coronavirus pandemic continues to disrupt life, some people may find themselves stymied by closed courts, recommendations against travel, and derailed moving plans. Many are wondering how to file for divorce in Massachusetts. Whatever the circumstances that have led to divorce, if one member of a couple lives in Massachusetts and the other does not, there are certain requirements that need to be met before filing for divorce. Divorce in Massachusetts: An Overview First, it is helpful to review the types of divorce available in Massachusetts, as these rules can have an impact on whether a spouse […]
August 17, 2020

Follow These 5 Steps if You’re Involved in a Serious Automobile Accident

Despite advancing technology in auto safety, millions of car accidents still result in injury. If you’re involved in an automobile accident in Massachusetts, there are several steps to protect your rights and maximize your payout. Knowing how to navigate an experience resulting in a personal injury or property damage can go a long way in helping you recoup medical bills, lost wages, and pain and suffering damages. To help you prepare, here are five tips to guide you through the post-car-accident process. Step 1: Dial 911 If you are able to do so, the first thing you want to do when you’re involved in an auto accident is to pull over safely and dial 911. The dispatcher will need information on the location of the accident, known injuries, and who is needed for help, such as paramedics and firemen. When police arrive on the scene, you are required to cooperate in their investigation of the accident. Law enforcement is not required to hear your version of transpired events and will most likely only obtain basic information. In the event an officer feels you have violated Massachusetts traffic law, you may be issued a traffic citation. Keep in mind this is […]
May 27, 2020

When Your Co-Parent Is an Essential Worker

Custody and COVID-19 These are difficult times for everyone, but for divorced and blended families there are particular and unique challenges. Many of these challenges center around custody. In a time when travel is discouraged and transportation—by plane, train, or public transit—is limited and fraught with worry, moving children between households, especially across great distances, is difficult. Also, there are concerns about safety. When the other parent lives in another state where social distancing restrictions are much laxer, it may create anxiety about children’s safety. After all, there is much still unknown about this virus, but there is growing evidence that children can suffer a delayed inflammatory response to coronavirus infection. Moreover, even if a child recovers quickly, there is a risk for a child passing the disease onto a diabetic parent, immunocompromised sibling, or fragile grandparent. Complicating factors is when the other custodial parent is an essential worker, whether a doctor, nurse, public safety officer, or grocery store worker. Again, while the virus remains mysterious, scientists generally agree that front-line workers are at a higher risk for exposure to the virus. There is also a significantly increased risk for front-line workers to bring home COVID-19 to their families. Searching […]
April 30, 2020

Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways. If you’re among those wondering if you can file for divorce during the covid crisis, the answer is yes. While we do not know when the Court will reopen to petition your divorce officially, we can get the ball rolling. While some judges and court employees are working from home, any new or scheduled cases that involve oral argument will likely be postponed for several months. However, if you and your spouse are able to reach a settlement between attorneys, you may be able to process your divorce through the family court system faster. Below are some […]
April 15, 2020

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled with unemployment and financial stress, tension among households is sure to rise. With the children at home all day, empty refrigerators, low bank funds, and forced interactions, families everywhere are facing conflict, creating the perfect storm for abusers to intimidate and inflict harm on their victims. While conflict doesn’t always explode into violence, many living in isolation from their support network have nowhere to turn when violence erupts. As routines change and families are stuck in the confinement of their homes, reports of domestic violence are increasing nationwide. The commonwealth of Massachusetts has very stringent laws in place to protect domestic violence victims. Such laws apply to people who: are or were married are or were living together are related by blood or marriage have children […]
April 13, 2020

How is a Negligent Driver Held Responsible for his or her Actions in Massachusetts?

If you have been injured in a car accident that was not your fault, you need to know how the insurance companies determine fault in order to get the compensation you deserve. The commonwealth of Massachusetts is a modified no-fault insurance state. This means that if an individual is deemed to be over fifty percent at fault, they can be held responsible. This also means that, regardless of fault, your own insurance company will pay for your injuries, up to your policy limit. Additionally, Massachusetts law allows individuals the right to legally sue the at-fault party for non-monetary damages, i.e., pain and suffering, if damages exceed the threshold of $2,000. This process requires the determination of responsibility when accidents occur. Because of this, the Massachusetts Legislature has established the Safe Driver Insurance Plan (SDIP). SDIP utilizes a strict set of guidelines for determining fault and making sure that safe drivers receive justice. The process involves driver classifications and insurance premium adjustments based on an insured’s driving record. Under this process, an at-fault accident constitutes a surchargeable incident. This means Massachusetts motor vehicle insurers must impose merit-rating surcharges on insured drivers who are more than fifty percent at fault in causing […]
April 10, 2020

Co-parenting in the Face of Coronavirus

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, visitation, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to maintain some form of normality. In cases where parents are willing to work together, they should consider the following: which parent has better resources for the child to complete distance learning, if one parent has a high-risk job, the health of family members, social distancing rules, etc. In the unfortunate event that a parent is required to self-quarantine or is restricted from having contact with others, efforts should be made to allow for parenting time by video conference or telephone. A critical aspect of co-parenting that may be affected is where […]
December 27, 2019

Holidays, New Years, Superbowl Cheer – Disorderly Conduct and Public Intoxication

Winter brings with it some of the calendar’s most-anticipated holidays. In colder parts of the world—of which Massachusetts is certainly one, as anyone who has lived through a nor’easter will tell you—people draw together inside to escape the falling snow and the quickly-falling, long winter nights. The winter holidays have something for everyone: the religious and cultural observances of Christmas, Hanukkah, and Kwanzaa; the universal excitement of New Year’s Eve; the shared experience of Super Bowl Sunday. For many people, with celebration there comes alcohol. And with alcohol there comes additional responsibility and potential criminal prosecution. Driving under the influence can have deadly consequences and as such has been targeted by numerous public awareness campaigns. However, even if you leave your keys at home, designate a driver, or plan to take a cab back at the end of the night—which you always should, for safety’s sake–you can still be held criminally liable for your conduct under the influence of alcohol. In the Commonwealth of Massachusetts, “public intoxication” is not, in and of itself, a crime. It is treated as a nuisance offense. So long as an intoxicated person is not causing harm to others, and is not being disruptive, the […]
December 20, 2019

Holiday Custody

The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year. Given the stress of preparing for holidays, and the emotions invested in family celebrations, it is more important than ever for there to be good channels of communication about scheduling. When child custody agreements are involved, communication is even more important, especially if custody arrangements or their enforcement have been contentious issues in the past. Many shared custody agreements drawn up as part of the divorce settlements will specify holiday visitation and custody rights for each parent. For example, one parent may have the children for Thanksgiving and New Year’s, with the other parent having Christmas and the surrounding days. In the next year, the parents might swap time periods, following an alternating schedule laid out in the custody agreement. Changes happen, however. A flight back from a visit […]
Email Us
close slider

Get A Case Evaluation

We are happy to provide a consultation to all first time clients.
Please complete the form below and we will contact you.