Additional Information: I tripped and fell and broke my right (dominant) wrist when visiting my mother at her condominium in Marlborough. My mother had reported a ripped area of the carpet several days earlier to the condo management — but it had not been repaired and I tripped and fell and broke my wrist.  The insurance company for the condo development has been in contact with me and has paid me $5,000 and indicated that they would be “working with me toward a settlement”.  Do I need a trip and fall attorney? What should I do? ATTORNEY ANSWER: Usually “working with you” only goes so far. If you ask for compensation beyond what the insurer throws out to you, you’ll find the friendliness starts to dissolve. A few initial questions; does your mother own or rent the condo?  Where exactly did the fall take place? In a common area such

Additional Information: I work as a cook on a Boson dinner cruise ship and fell lifting a heavy box.  The anti-slip mats had recently been removed but they weren’t replaced at the time I fell.  I ended up breaking my arm and needing therapy.  I haven’t been released to return to work but I’ve been denied worker’s compensation benefits.  Can I sue my employer for my personal injury? ATTORNEY ANSWER: You fall into one of the very few categories of workers that do not receive worker’s compensation benefits when injured on the job.   When a seaman is injured in the course and scope of his job aboard a ship, he or she is entitled to bring a negligence suit under a federal statute called the Jones Act.  Unlike land based personal injury cases, Jones Act litigation is very specialized and requires an attorney versed in maritime and Admiralty law.  Different

Additional Information: My family was boarding a ship for a local Boston whale watching tour when my daughter slipped on the wet walkway connecting the dock to the boat and suffered a knee injury. She had surgery and continues physical therapy.  One of the boat’s employees was approaching with a “caution- slippery” sign just as our daughter slipped and fell.  Do we have a personal injury case?  Would we look for a boating injury attorney even though we weren’t yet boarded? ATTORNEY ANSWER: Yes, you probably have a viable personal injury claim.  And, yes, you should consult with an attorney who practices maritime law.  Although your daughter slipped before she boarded the vessel, she was in the process of boarding and the dock appears to be under the control of the boat operator.  Therefore, aspects of maritime law may apply.  In addition, the dock owner might be a defendant as

Additional Information: My daughter and I were involved in a car accident with a delivery truck while driving on the Mass Pike near Southborough.  My daughter suffered from a mild traumatic brain injury, broken nose, jaw and teeth and is having post traumatic stress.  I am having continued debilitating migraines and am being monitored by a neurologist.  What should I think about when I make a decision to  hire a personal injury attorney for this auto accident? ATTORNEY ANSWER: Hire an attorney who handles personal injury cases as his or her primary focus.  An attorney who dabbles in personal injury claims and especially in serious injury claims will likely not know how the insurer approaches a claim like yours. The experienced personal injury attorney knows if and when to file a lawsuit and if your condition is permanent, to have the appropriate medical evaluation. 

Additional Information: I was involved in a car accident on Rte 135 in Ashland.  My car was struck from behind.  As a result of the auto accident my doctor has said I have 25% permanent partial  loss of function of lumbar spine.  What can I expect when I hire a auto accident lawyer? ATTORNEY ANSWER: A  permanent injury means you may seek money damages from a wrongdoer now that will take into account an injury that will continue into the future. These permanency damages are part of the total package your lawyer should send to the adverse insurer, including medical bills, lost wages, total and partial disability and a demand for settlement. Many attorneys send in your information piecemeal to the insurer and then try to negotiate a settlement. A complete package sent to the insurer when you have finished your medical treatment with a final medical report from your

Additional Information: Recently, I tripped and fell in a store in Dover.  There was loose carpeting and as a result of the accident, I injured my knee.  A witness told me she saw a few other shoppers who tripped over the carpet before me, which is right in front of the register.  I’ve had knee surgery and continue physical therapy.  Do I have a case against the store and can I sue for damages as I probably won’t be able to enjoy skiing as I have in the past? ATTORNEY ANSWER: Store owners are required to use reasonable care in providing a safe premises.  If the store owner or employee knew or should have known about  an earlier problem with the carpet that would be important for your attorney to point out that they failed to address a hazardous condition. If your doctor agrees you shouldn’t ski as a result

Additional Information: In this market, we couldn’t sell our first home in Sherborn so we are planning to rent it.  Neither my wife nor I have ever been landlords.  With the winter snow and ice approaching, can you please explain Massachusetts law regarding snow and ice, slip and fall liability for a landlord? ATTORNEY ANSWER: Legal exposure for injuries resulting from slipping on snow and ice is an evolving area of the law.   Until recently, it was very difficult to prove these cases because our Supreme Judicial Court held that a land owner is not legally responsible for these injuries because ice and snow naturally falling from the sky was not considered a “defect” or hazardous condition.  That has now been changed.  The new rule is that a land owner must use reasonable care in maintaining the property.  This means that ice and snow must be addressed by the owner,

Additional Information: My wife and I rented a home for a week’s vacation and invited some friends to enjoy the place with us. One of our friends tripped on a broken step, fell, and injured herself. She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the landlord’s liability?  Furthermore, we live in Framingham, MA but the house we rented is in NH. Does that matter? ATTORNEY ANSWER: You’ve raised several complex legal issues in your question, including jurisdictional, substantive and insurance.  First, jurisdictional:  because the injury occurred in New Hampshire, a Massachusetts court might not have the power to render a judgment against a NH landowner for an injury occurring in NH.  I say “might” because if the NH owner had sufficient contacts with MA, such as advertising on Boston Craig’s List, then, arguably, a MA court has

Additional Information: My son was injured on a dinner cruise in the Boston harbor. He tripped on a threshold and was taken by ambulance to the hospital.  Because of this incident he has incurred $6000.00 in bills and he stills has scars on his head and legs.  He was very drunk and I think they should have stopped serving him drinks because he was clearly drunk.  Do we need a Boston boating personal injury attorney to fight a case  against the cruise ship company? ATTORNEY ANSWER: Yes, you may well have a viable claim against the cruise ship company.  A vessel owner, such as a cruise ship or whale watch company, has a duty or obligation to its passengers to use reasonable care in the operation of its vessel.  This duty of care includes not only driving or navigating the boat, but also in serving alcoholic beverages to the passengers. 

Additional Information: I was in a parking lot in Newton, MA pulling something out of the trunk of my car when I was hit from behind by another vehicle. Whose PIP benefits should pay for my medical expenses? Mine or the other vehicle? Technically, I was “outside” of my car. ATTORNEY ANSWER: Your auto insurance pays you PIP benefits for medical bills and lost wages when you are occupying your auto. Occupying is defined in the “easy to read” policy your insurer sends out as “in”, “upon”, “entering into”, or “getting out of”. You would be considered “upon” your car when pulling something out of your trunk and would receive PIP benefits from your own insurer.