I slipped and fell at a local coffee shop. Is this a premises liability case?

Additional Information: I have 2 hairline fractures one in my hip and one in my shoulder. I slipped and fell on on some ice at the door of a Newton coffee shop.  It appeared as though the rain and/or melting snow coming out of the downspout froze overnight and caused an icy entrance and exit to the Newton coffee shop.  There was no “caution” sign and there was one witness.  Do I have a premises liability or personal injury case? ATTORNEY ANSWER: You have a premises liability action against the landowner and/or coffee shop because of the unnatural accumulation of ice from the buildings downspout. A landowner is  liable for negligence when an unnatural condition occurred as a result of a building or structure that channeled water, ice or snow or created a dangerous condition.  Details

Do I have a case against the restaurant for a trip and fall that caused injuries?

Additional Information: I tripped and fell and injured my ankle and knee at a Cambridge restaurant due to warn and frayed carpeting.  There were several other patrons who tripped in the same spot before me, and this all happened in front of the hostess stand.  I’ve had surgery and will continue physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to ski and play sports like I had in the past? ATTORNEY ANSWER: Yes, you have a case against the restaurant. The restaurant must maintain its property in a reasonably safe condition and failure to do so subjects them to liability for your damages, which may include (but is not limited to) pain and suffering, medical expenses and any permeant or temporary loss of function that you experience to your knee or ankle.  Details

The other driver was texting right before the auto accident.

Additional Information: A few days ago I was involved in a serious automobile accident on Route 95 just north of Boston. The other driver admitted that he was texting on his cell phone right before he sideswiped my car.  My car flipped, I was taken to the hospital and have a broken arm and ribs and will need physical therapy.  Isn’t there a law in Massachusetts banning texting while driving? How will that affect my personal injury case? ATTORNEY ANSWER: Massachusetts’s law states that no one shall “use a mobile telephone, or any handheld device capable of accessing the Internet, to manually compose, send or read an electronic message while operating a motor vehicle.” An admitted violation of this law is evidence of negligence and will be helpful in proving the liability aspect of your personal injury case.  Details

I was injured in a car accident. Who will pay my medical expenses?

Additional Information: I was a passenger in my sister’s car and we got into a car accident on Route 93 southbound near Methuen. The other driver was at fault and was issued a citation.  I had to go to the emergency room after the accident and I still have back and neck pain.  I’m in between jobs and haven’t signed up for COBRA health insurance.  Who will pay my medical expenses and what legal steps do I now take? ATTORNEY ANSWER: You are entitled to receive Personal Injury Protection (PIP) benefits from your sister’s automobile insurance policy. PIP benefits are available to drivers and their occupants who are injured in an auto accident regardless of who was at fault for the accident and provides for the payment of up to $8,000 in medical expenses. In order to receive PIP benefits, it is necessary to bring a timely claim against the insurer of the vehicle in which you were a passanger and failure to do so my result in a loss of benefits. If your medical expenses exceed $8,000, then these expenses will need to be recovered from the operator of the vehicle who was a fault and/or their insurer.  Details

Am I liable for my guests’ injury claim or is the homeowner liable?

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.  Details

Should I hire a personal injury attorney to sue for my car accident injury?

Additional Information: 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 Details

Involved in an auto accident, need to hire a personal injury lawyer.

Additional  Information: 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 Details

Do I need a slip and fall attorney for a fair settlement?

Additional Information: 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 Details

I was involved in an accident. Do I need a trip and fall lawyer?

Additional Information: 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 Details

Can I sue my OB/GYN for medical malpractice?

Additional Information: 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. Details