Legal Questions

Additional  Information:

My wife and I rented a home beach side north of Boston.  A guest tripped and injured herself.   One of the steps on the walkway to the beach were unstable.  She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the homeowner’s liability?

ATTORNEY ANSWER:

In Massachusetts an owner or occupier of land has a duty to use reasonable care to keep a premises in a reasonably safe condition for lawful visitors. Therefore, liability may rest on the owner of the property or the individual in control of the property or both. As a practical matter however, if the property owner maintains premises liability insurance, the claim would be covered under this policy.  [Read more...]

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I was recently involved in a car accident on the Mass Pike heading out of Boston.  I suffered a pretty serious injury to my neck.  Boston police issued a citation to the other driver. Someone told me that I should sue the other driver and as a personal injury victim, Massachusetts law automatically entitles me to some compensation.   Undoubtedly hiring an attorney will take time and money, so can you tell me what I’d be getting into?  I have no idea, is it something that gets settled by the insurance company?  Does it go to trial?

ATTORNEY ANSWER:

Under Massachusetts General Laws you are entitled to be compensated for injuries and damages that are the result of someone else’s negligence. Most personal injury attorney’s will take your case on a contingency fee basis, which means that they will represent you without any up front money and that they will only receive compensation upon the successful resolution of your case. Many personal injury claims can be resolved without the necessity of bringing a lawsuit, but this depends on the liable party and/or their insurance companies willingness to pay a fair settlement. In the event that a fair settlement can not be negotiated, then a lawsuit may be necessary to pursue your claim. The majority of cases which require a lawsuit however, resolve without the necessity of a trial. [Read more...]

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I was injured pretty seriously in a auto accident on a residential street in Boston. I’ve read an article on selecting a lawyer, but I’m feeling overwhelmed and confused. Also, I was contacted by someone who I think represents an attorney.  She said I should hire a personal injury lawyer quickly.   What should I know before hiring someone and what’s the statute on  limitations to file a personal injury claim in MA?

ATTORNEY ANSWER:

Selecting a lawyer can be an overwhelming and confusing process since there are many lawyers competing for your business. The statute of limitations on a personal injury claim in Massachusetts is three years from the date of the injury.  While it is important that you hire an attorney as soon as practical so that they can advise you on your rights and help you navigate the often confusing insurance claims process, there is time to make an informed decision on which attorney you wish to hire. You should hire an attorney that you are comfortable with as you will be forming a personal, lasting relationship with them and relying on them for their advise and expertise. An experienced attorney will be happy to speak with you to help you make this decision.  [Read more...]

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I slipped and fell and broke my right (dominant) wrist when visiting my 84-year old mother at her condominium in Boston. My mother had reported a broken sprinkler head 2 days earlier to the condo management — but it had not been repaired and there had been freezing temperatures overnight.  The insurance company has admitted liability (in writing) and indicated that they would be “working with me toward a settlement”.  Also, I have not been able to enjoy a hobby that I have had for over 30 years. I am an avid needlepointer and am very disappointed that I have not been able to resume this activity. I know I have to settle with the insurance company soon.  What is a fair settlement? Do I need a slip and fall attorney?

ATTORNEY ANSWER:

Assuming the insurance company has accepted liability in writing, the issue is one of damages.  Without reviewing your medical bills and gathering further information about your lost wages, and the full extent and nature of your injury, it is impossible to estimate a fair settlement.   If your injury is permanent in nature and you will never be able to enjoy your hobby again, that will certainly be a substantial factor.  Keep in mind that an insurance company will seek to minimize your damages and typically will allege that any permanent injury is the result of a “pre-existing condition.”   Our experience has been that once we inform the insurance company that the injured party has an attorney, the insurance company will make a much more reasonable offer.  [Read more...]

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I was involved in a trip and fall due to a faulty porch at a home in Brookline. The insurance company and the property owner himself is claiming that he didn’t know about it. I took my deposition last month and presented a letter from the property owner that was written 3 months before the accident saying he will be fixing the porch in the near future.  Is this pretty cut and dry or do I need a trip and fall lawyer?

ATTORNEY ANSWER:

Based on this information it does appear that the landlord is liable.  However, we would need to know the exact nature of the defect.  Was it obvious or hidden?  Would the proposed porch fix have prevented the accident?  In any event, it appears that the insurance company and the landlord are fighting this claim and thus it is advisable to obtain legal counsel.  One of the main issues will probably be the nature and extent of  your physical damages.  A lawyer can help you organize the evidence and maximize your recovery.  For instance, you are entitled to lost wages, direct medical costs as well as pain and suffering.  To the extent any of your injuries are permanent, you would need to consider additional damages and potential decrease in your earning potential.  Keep in mind, at every turn, the insurance company, who will have its own lawyer, will be seeking to minimize any payout to you.  [Read more...]

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Can I sue my doctor for medical malpractice? I  had a c-section 6 years ago at a prestigious Boston hospital but just recently found out through an MRI that something metal is inside my body. I have been having abdominal pain since the c-section. Is there a statute of limitations in MA or can I still sue because I just discovered it?

ATTORNEY ANSWER:

Under Massachusetts law, you have three years to bring the suit from the date you “discovered” the malpractice.  Ordinarily, there is an absolute seven year time bar regardless of when you discover the injury.  However, an explicit exception is made for when a doctor leaves a foreign body in you.  You should contact an experienced Boston medical malpractice attorney immediately to discuss bringing an action.

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My child was born with agenesis of the corpus collasum. There was an issue regarding the potential of this birth defect during weeks 5-12 of the pregnancy but the OB and specialist stated there was nothing to worry about and advised to continue the pregnancy. None the less my child was born with this disorder.  Can a Boston medical malpractice attorney help us with a case?

ATTORNEY ANSWER:

Massachusetts does recognize the tort of “wrongful birth,” whereby parents who would otherwise have terminated a pregnancy fail to do so due to improper diagnosis of a severe birth defect.  However, the particular birth defect to which you refer is usually only diagnosed through an MRI of the brain.  It is unlikely that such a test would be considered the standard of care in most situations and thus a suit would likely not be successful.

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More information: While driving from a job site back to my office I was rear ended by a truck. I had chest pain from the impact and the seat belt. My chest pains got progressively worse so I went to ER. I was concerned because I had open heart surgery 5 months prior. At the hospital I was told I had a bruised chest and the old surgery stitching had herniated. Is this covered under workers compensation in Massachusetts or is it covered by my personal car insurance or the person who hit me?

Attorney Answer:

In a complicated scenario like the one you describe, there could be several parties and insurers involved in the suit.  For example, in cases where you are on the job but your injury is caused by someone other than a co-worker or your employer, you may be entitled to pursue a third-party claim.  In such an action you may be able to collect damages that you could not normally collect under the Workers Compensation Act, such as damages for pain and suffering.

Your best option is to seek medical help, report the accident to your employer, fill out an accident report, and then talk to an experienced Massachusetts personal injury lawyer.  An experienced attorney will be able to explain your options, outline a plan of action and help you collect what you need to pay your medical bills.

More information: I was riding in my sister’s car and we were in an accident in Andover. I’m sure the other party ran a red light but nobody has told me yet who was at fault. All I know is that I have back and neck pain and have some significant medical bills.

Attorney Answer:

Under Massachusetts law, the auto insurance company that issued the PIP (personal injury protection) insurance on the car you were in at the time of the accident will pay the first $2000.00 of your “reasonable and necessary medical bills”, regardless of who was at fault.  In other situations where the injured party was not in a car, like when a pedestrian or a cyclist is hit and injured, the insurance company that insures the vehicle that struck the pedestrian or cyclist will pay $2000.00 of the reasonable and necessary medical bills incurred by the injured party.

From that point, any medical bills beyond $2000.00 must be submitted to your private health insurance company for payment.  When the health insurance coverage is drained, or if the injured party does not have health insurance coverage, then the PIP insurer remains on the hook for up $8000.00 per individual claimant.