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

You could be driving down I-95 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

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Premises Liability: The Limits of a Host’s Duty of Care

Under Massachusetts’ law of premises liability, a homeowner’s duty of care to her guests includes keeping her property in reasonably safe condition. This means, among other things, guarding against conditions that could cause reasonably foreseeable injuries to guests. It might involve, for instance, taking steps to prevent foreseeable injury caused by third parties who come on the property, or warning a guest of a nonobvious danger on the property. When a guest has been injured by a property condition in Massachusetts, determining whether the host took “reasonable” steps to prevent that injury requires an examination of the totality of the circumstances. On one hand, the host may breach her duty by failing to take simple steps to prevent an injury that was obviously foreseeable. On the other hand, she may not breach her duty if the injury stemmed from a freak accident that would have required extraordinary foresight to anticipate

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Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then you probably don’t. To explain why that’s the case, in this article we examine how Massachusetts law addresses claims of physical injury resulting from ingesting food. (We exclude from this discussion foodborne illnesses, which, though they involve similar legal basic issues to those described below, also typically feature some evidentiary and causal complexities that are beyond the scope of proving injuries from chicken and haddock bones.) Two Typical Claims: Negligence and Breach of Warranty When a person suffers an injury as a result of eating food – usually by chewing/swallowing something

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After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know. First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to go to court for damages. After three years, based on the statute of limitations, a court will most likely refuse to hear a suit. To be safe, don’t wait. Seek legal advice promptly after an accident. Second, Massachusetts law stipulates that car accidents are adjudicated under modified comparative fault. This means that any damages the court orders are decreased by any percentage of fault you are found to have in the accident, as long as you are not more at fault than the other driver. For example, if a jury deems the other driver 85% at fault and you to be 15% at fault, and the award is $10,000,

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What to do if you are a Passenger Hurt in a Car Accident

In Massachusetts, if you have been injured in a car accident as a passenger, there are several options for how you can be compensated for your medical care and related expenses such as loss of wage. It’s important to recognize that, regardless of the severity of your injuries, you cannot recover more than the total value of your claim. In other words, you cannot “double dip” the same claim from multiple insurance policies. Using Coverage of the Vehicle You are a Passenger in or Your Own Coverage Immediately following an accident, you have the right to file a claim using the mandatory Personal Injury Protection and/or optional Medical Payments coverage that is included in the driver’s insurance coverage or, if none, your own insurance policy. These do not take into consideration fault or liability and only compensate for medical expenses. PIP does not cover pain and suffering, but does cover

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Three Key Things to Know about Social Security Disability

If you are disabled and unable to work, you may be eligible to receive social security disability benefits. The application process and qualification requirements is complicated, but the benefits are designed to be there as a safety net for qualified people who need them. If you are considering applying for social security disability, or if you have already applied but were denied coverage, here are three important things to know: 1. Definition of “disability”. While a disability income insurance policy provided by your employer or purchased through your insurance agent may offer coverage for short-term disabilities or partial disabilities, the social security administration uses a strict definition of “disability” that excludes many disabilities covered under private insurance. To qualify for social security disability benefits, your disability must be expected to last one year or more, or expected to result in your death) that prevents you from working in any occupation.

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When Can You Sue for Premises Liability in Massachusetts?

When you are injured on someone else’s property, you can sometimes sue for premises liability. Massachusetts law expects business and property owners to maintain a reasonably safe environment for anyone who steps foot on the premise. Failure to uphold that expectation may result s in premises liability claims, in which the business or property owner may be found responsible for the injury. Most However, the law surrounding premises liability is not as simple as compensating people who suffer injury on someone else’s property. 

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Filing A Workers Compensation Claim In Massachusetts

Filing a workers’ compensation claim can be anything but simple. Having to deal with forms, dates, doctor visits, and insurance companies can almost be even more of a pain than what you’re already experiencing. Here are a few fast facts from the Massachusetts Labor and Workforce Development website that you should know when dealing with a workers’ comp claim: It can take up to 28 days for your employer’s insurance company to get a check to you for your injuries. If your employer’s insurance company requests to send you to one of their doctors for evaluation (even if you’ve already seen your primary care physician), you do have to keep that appointment or risk your benefits being terminated. If your employer does not have workers’ comp insurance, you have the right to sue your employer in a civil suit, and file a claim for worker’s compensation benefits from the Worker’s Compensation Trust Fund.

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Massachusetts Texting and Driving Law

Texting and driving is a problem in Massachusetts, and even those who don’t text and drive might not be able to prevent an accident when another driver is being reckless. However, in Massachusetts residents can hold a driver responsible when injured because of texting and driving. Texting and Driving in Massachusetts Texting and driving is likely the most dangerous form of distracted driving because one takes their eyes, mind and at least one hand off the wheel when texting while operating a vehicle. People also lose focus more often and for longer periods when texting than when doing something else like changing a radio station or making a call.

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When to Contact a Lawyer to Handle Your Car Accident

Unfortunately, car accidents happen, and chances are they’ll happen to you one day. But how do you know if your car accident claim can be handled on your own or if you need to get a lawyer involved? Here are some instances when calling a lawyer can save you money and make sure you are getting a fair deal: Disagreement on fault If the other driver isn’t admitting fault and/or if the car accident happened in such a way that it is initially unclear who was at fault, it is worth your time to contact a lawyer. An auto accident lawyer will help you build your case so you don’t end up owing thousands of dollars for an accident that wasn’t your fault. High out-of-pocket costs Sometimes it’s worth it to just pay the out-of-pocket costs connected to your accident and move on with your life. But when those costs

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