Trusted Legal Resources

Boating accident near Boston caused injury and lawsuit.

Additional Information: My boat was in an accident with another boat near Boston.  The incident caused injury. I am the owner but I was not driving nor was I on the boat.  I am being sued.  A passenger in the other boat suffered injuries. I had loaned my boat to a friend and the other party is claiming he was inattentive and operating the boat at excessive speed.  What are my options? ATTORNEY ANSWER: Even though you were not physically onboard when the accident occurred, you may be legally liable for the injuries to the passengers on the other boat.  For example, if you “negligently entrusted” the boat to a friend and he directly caused the injuries, you may be held indirectly responsible.  “Negligent entrustment” occurs where the owner of a boat loans it to another without reasonably determining if the person is capable and qualified to operate the vessel.

Read More »

I was involved in an auto accident where I hit a pedestrian.

Additional Information: I was looking left getting ready to turn onto Route 9 in Wellesley, near Newton, and  just as I turned my head right I saw the pedestrian crossing the street.  My foot had just come off of the brake. She put her arm out and I immediately hit the brakes, my car hardly moved, but my car bumped her. She stumbled and fell backwards onto the ground. I immediately got out of the car and spoke with her to make sure she was OK and helped her up off the ground. We talked a few more minutes and she assured me she was OK and I gave her my name. She happens to work for the same company as I do. Now I’ve been contacted by her attorney.  Is she seriously suing me?  What should I do? ATTORNEY ANSWER: You should contact your auto insurance agent now and

Read More »

Our son was injured. Do we have a personal injury case?

Additional Information: My family was going to restaurant in Ashland where there is an attendant directing patrons into and out of the limited number of parking spaces on the side and rear of the restaurant.   We had parked our car and were heading into the restaurant.  Our 3 year old son got hit by a car backing out of it’s parking space, as directed by the parking lot attendant.  Thankfully he suffered only a broken leg, but we were wondering if we have a personal injury case against either the attendant or the restaurant? ATTORNEY ANSWER: A few questions come to mind.  Was it day or night when this happened?  If it was night was the lot well lit?  Were you holding the three year old’s hand or if not how far away from you was he? Did you see the car backing out before it hit your son? If

Read More »

I tripped,fell and broke my wrist at my mom’s condo.

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

Read More »

I work on a cruise ship out of Boston and was injured on the job.

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

Read More »

Our daughter slipped and injured herself boarding a whale watch tour in Boston.

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

Read More »

What should I consider when hiring a personal injury attorney?

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. 

Read More »

What can I expect when I hire an auto accident lawyer?

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

Read More »

Injuries at home may be covered by workers’ compensation

Workers who are hurt on the job in Massachusetts can generally expect to have their injuries covered by worker’s compensation. But in some cases, this benefit can extend even to workers who are injured at home, as long as the worker was hurt while engaging in a work-related activity. For instance, an Oregon woman worked for J.C. Penney as a custom decorator. Though J.C. Penney provided her with an office that she shared with others, she usually worked from her van, traveling to and from appointments at customers’ homes. She suffered a broken wrist in her own garage when she stumbled over her dog while trying to move fabric samples into her van.

Read More »

I tripped and fell in a store in Dover and injured my knee.

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

Read More »
Top