Personal Injury

December 28, 2020

If You’ve Been Injured, Document Every Detail

When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical attention. Doctors are required to create official reports documenting your injuries. Even if the injury doesn’t appear to be severe, having medical documentation can provide a baseline for injuries resulting from an incident later down the road. Be sure to request a copy of the medical report for your records. If any official workers attend your accident, such as police officers or emergency medical staff, you can request copies of their official reports. These reports are considered public record and can be obtained by all parties. Such information can provide a starting point for an investigation into your personal injury claim. Depending on where your injury occurred, additional incident reports may also exist. For example, if you are injured at a business, employees are sometimes […]
December 16, 2020

Understanding Medical Malpractice in Massachusetts

Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the result of medical negligence: failure to correctly diagnose a condition a misdiagnosed illness failure to adequately communicate with other medical providers prescribing the wrong medication or wrong dosage premature discharge or poor aftercare leaving a foreign object inside the body These are merely a few circumstances that can result from medical negligence. If you believe you have suffered an injury or a family member has passed away due to medical malpractice, contact us to discuss your situation. Massachusetts has specific legal requirements regarding medical malpractice cases. For example, when a claim can be made, damage limits and evidence requirements are strictly enforced. Proving your healthcare provider was negligent can be a difficult task. Massachusetts requires your medical malpractice attorney to take part in a tribunal panel to review evidence of negligence. A tribunal consists of […]
October 2, 2020

How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. Each state sets its own laws and regulations regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit. There are a few exceptions to this rule, however. For instance, if you are involved in a hit and run accident, a suit must begin within six months after you learn the defendant’s identity, and within three years of the accident. This includes filing for property damage, personal injury, or death. There also needs to be proper documentation of the time and place of the accident to the police and Registrar of Motor Vehicles within 30 days after the accident. Another exception involves actions against the Massachusetts Bay Transportation Authority. You only have two years to file a suit for injuries you sustain as a passenger on public transit. To ensure your personal injury case is processed, you are encouraged to start your complaint immediately. […]
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 […]
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 […]
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 […]
October 2, 2018

Understanding Your Rights in a Car Accident: Massachusetts Personal Injury Claims Explained

You could be driving down route 9 in Framingham during rush hour when suddenly a person driving a large SUV whips into your lane and causes you to rear-end him. However, there were multiple witnesses who reported to Massachusetts State Police that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, but, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This type of car accident is more common on Massachusetts highways than one might think. How Much Time Do You Have to File a Lawsuit? A car accident can be devastating, causing you and your dependents to lose your economic stability due to debilitating injuries. In Massachusetts, there is a statute of limitations that limits how long you have to file your claim. Here, as an injured victim, you will typically have three years beginning on the accident date to file a lawsuit against the at-fault party and his or her insurance company. Your lawsuit may be for […]
May 26, 2016

Massachusetts Car Accident Expenses – Who pays for what

You’ve been in a serious car accident along the busy roads of Greater Boston. The damage to your vehicle is great, but that doesn’t measure to the pain you’ve suffered from your injuries. Not only is your car totaled, but you’re about to receive numerous medical bills for thousands of dollars. Who pays for what? Medical Bills The state of Massachusetts follows the “no fault” system. When injury occurs from a car accident, automobile insurance will pay up to $2,000 of the medical bills. After that $2,000, either your healthcare coverage, or P.I.P.(Personal Injury Protection) if you did not have health insurance during the accident, will cover the amount appropriate with the insurance you bought. However, P.I.P. will only cover up to $8,000. In addition to P.I.P., Medical Payments (“MedPay”) coverage may also be available to cover medical bills. Unllike P.I.P., which is compulsory, MedPay is optional. In other words, your policy may have it but it is not required. MedPay is a good supplement to P.I.P. and healthcare coverage and having it may reduce your exposure to having to repay the costs incurred by the health insurance carrier when a case settles.
September 14, 2015

Car Accidents Require a Skilled Personal Injury Lawyer

Car accidents happen all the time, and they oftentimes leave one or both parties with injuries that require medical attention. Medical bills are expensive. You didn’t ask to be in a car accident; you are the victim, but don’t be financially victimized too. Hire a personal injury lawyer to fight for your interests, and make sure you are compensated for your medical bills and suffering. Personal injury lawyers are especially important when you are in a wreck with a big rig or other large corporately insured vehicle. The insurance and transportation companies want to settle with you as quickly as possible. Do not sign any papers they put in front of you without a lawyer present even if what they are offering seems like a lot of money. If you waive them of liability and it turns out you have more extensive medical bills than you thought at the time of signing, you are out of luck; you will have to cover the costs for yourself.
March 30, 2011

I was in an automobile accident while at work, what are my legal rights?

MORE INFORMATION: While I was on my way to see a customer, my car was struck in the rear by an SUV.  I was stopped at red light.  The car was completely totaled.  The police and ambulance arrived soon after the crash and I was taken to the hospital.  I had multiple injuries, including a herniated disc in my back.  I was in the hospital for a few days before being discharged.  I was diligent about seeing my doctors and doing physical therapy.  I have not felt the same since the accident, however, and my doctors told me that while I can return to work, I will have to “take it easy” and not lift anything heavier than 15 pounds and this condition is likely to be permanent and may worsen as I get older.  What are my legal rights? ATTORNEY ANSWER: This problem presents two claims.  One is for an injury on the job because the employee was on his way to see a customer.  This is referred to as the “coming and going rule” in workers’ compensation and permits the injured employee to get paid for his medical bills and a percentage of his lost wages while disabled.  […]
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