Massachusetts Injury Lawyer

What does my car insurance cover when it comes to accidents and injuries?

MassInjury — Wed, 26 Oct 2011 17:58:41 +0000

When you purchase car insurance you are purchasing both first party coverage, which covers you and your property, and third party coverage, which covers other people involved in the auto accident (either in your vehicle or other vehicles in the crash).

Different types of coverage can be purchased. Comprehensive coverage covers your vehicle in the event of fire, theft, vandalism, and acts of nature. Collision coverage covers your vehicle in the event of an auto accident.

When you have been involved in car accident, your insurance company will require that you contact them in a timely matter. If you do not report an auto accident to your insurance company, they can attempt to deny coverage for the accident.

What does “No Fault” mean in Massachusetts law?

MassInjury — Wed, 26 Oct 2011 17:57:42 +0000

Massachusetts is a no fault law state. Which means that an injured party must have incurred at least $2,000 in medical expenses; or broke a bone; or was disfigured before a claim for personal injury damages can be made.

What should I do after I’ve been in a car accident?

MassInjury — Wed, 26 Oct 2011 17:56:03 +0000

There are several things that you should do following a car accident. Your insurance company should be informed of the accident. A police report must be filed if any personal injury occurs or if damages to either vehicle exceed a certain amount – this varies from state, usually anywhere from $200-500. If you sustained any injuries in the car accident you must receive regular medical care. In addition, some states may require that you file a report with the Department of Motor Vehicles. In order to accomplish these things, it may be helpful to contact a personal injury attorney.

What information should I collect after a car accident?

MassInjury — Wed, 26 Oct 2011 17:55:10 +0000

It is important to collect as much information as possible at the scene of a car accident. The following is a list of data that should be collected:

Names and addresses of drivers, driver’s licenses

Names and addresses of passengers

Names, addresses and telephone numbers of any witnesses

Names and addresses of registered owners of the vehicles

Names of insurance companies, policy numbers

Location of the car accident

How the car accident occurred

Did any of the drivers seem to be under the influence of drugs or alcohol?

Injuries sustained

Damages to vehicles

Names of police officers that responded to the scene

Did anyone claim responsibility for the car accident?

Why should I contact a personal injury attorney after my car accident?

MassInjury — Wed, 26 Oct 2011 17:52:35 +0000

Car accidents involve insurance as well as personal injury law, so it is very important that victims of an auto accident contact a lawyer immediately. Personal injury attorneys will mediate between the persons involved in the accident and the insurance companies. A personal injury attorney will attempt to prove liability by preserving evidence and interviewing witnesses. Personal injury attorneys also ensure that you receive proper medical care, and document your injuries so that you receive full compensation.

Am I entitled to compensation for my injuries?

MassInjury — Wed, 26 Oct 2011 17:51:13 +0000

Victims who have been injured in an auto accident are often entitled to compensatory damages. This will include compensation for lost wages, property damage, medical expenses, and pain and suffering. In cases where the car accident was caused by another party’s reckless behavior, punitive damages may be recovered. Punitive damages can also be recovered when the accident or personal injury was caused by a defect in the vehicle.

Massachusetts Personal Injury Attorneys

MassInjury — Wed, 26 Oct 2011 16:31:02 +0000

If you or a loved one has been injured by the fault of another you need the legal representation of an experienced Massachusetts personal injury attorney to obtain the appropriate compensation to pay your medical bills and to live your life.

Truck Accidents

MassInjury — Mon, 24 Oct 2011 20:14:35 +0000

Accidents on our Nation’s roadways are a serious threat to the traveling public and are the leading cause of death for those under the age of thirty-four. Annually, over 40,000 people are killed in approximately five million motor vehicle accidents, many involving teen car accidents. In 2002 alone, nearly 43,000 people died in highway accidents nationwide. That equates to over 115 fatalities per day. The economic costs of these accidents is staggering, over $150 billion per year. Unfortunately, during your lifetime you are likely to be involved in at least one auto accident. You should know what to do in order to protect yourself and your legal rights.

First, call the police (and paramedics if necessary). It is imperative that the police report is accurate and that it reflects your recollection of the events. If you happen to have a camera, try to photograph the scene prior to moving the vehicles (only if safe to do so). Additionally, someone should interview all witnesses and record their comments. Such interviews should be completed as soon as possible as witnesses’ memories tend to fade with time. Your attorney may hire a professional investigator to sift through the paperwork and determine insurance information and other mundane facts. In preparing your case, your attorney may find it helpful to diagram the scene, noting the traffic, weather and pavement conditions at the time of the accident. Try to accurately record as much of this information as possible.

Product Liability

MassInjury — Mon, 24 Oct 2011 20:10:06 +0000

What is Product Liability?

Manufacturers have a legal responsibility to ensure that their products, when used in the intended manner, do not harm consumers. This responsibility extends to designers, wholesalers, retailers, and anyone else involved with the sale of consumer products.

In the past, “buyer beware” was the prevailing legal notion. Current law, however, imposes strict liability on the people who make defective products. It assumes that manufacturers and sellers must take reasonable means to protect consumers. This includes providing warnings when potential hazards accompany specific products, as well as ensuring that defective or malfunctioning parts are not used in their products.

Establishing Product Liability for a Defective Product

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury, each of which can hold the manufacturer, seller, or distributor of a product responsible for the harm it caused.

* Negligence occurs when a person or entity does not provide expected, reasonable care when it has a legal responsibility to do so. The lack of appropriate care can be either the result of action or inaction and due to either carelessness or malice. In product liability cases, negligence can occur if defective parts or improper assembly results in a dangerous or malfunctioning product.

* Breach of warranty takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.

* Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is or that distract them from potential risks inherent in the use of a product. Misrepresentation can be argued under breach of warranty or under strict liability.

* Strict liability makes the manufacturer or seller of a defective product responsible for all relevant injuries sustained. If the victim can show that the product was defective, that the defect was the cause of the personal injury, and that it rendered the product excessively hazardous, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.

Types of Product Defects pertaining to Product Liability

There are at least three types of product defects that can result in a personal injury to those who use them.

* Design defects – These occur before the product is created, in the initial planning phase.

* Manufacturing errors – These flaws result from mistakes or problems that take place during the actual production phase, and they may only affect a few specific items out of many properly working, safe products.

* Marketing misrepresentation – This occurs when sellers do not provide adequate warnings or instructions regarding potential risks that accompany specific products.

Depending on the stage at which the problem was initiated, more than one party (designer, manufacturer, wholesaler, retailer, advertiser, etc.) may bear legal responsibility. Strict liability makes everyone involved in the making of consumer products potentially accountable for any resultant personal injury.

Nursing Home & Elder Abuse

MassInjury — Mon, 24 Oct 2011 20:04:51 +0000

As the population of the United States ages, the demands placed on the medical system to care for the elderly are becoming overwhelming. There are approximately thirty-four million people over the age of 65. Nearly one in twenty will require some form of assisted living. Unfortunately, our senior citizens are becoming victims of intentional abuse and neglect within nursing homes and assisted living facilities. While it is difficult enough to place a family member in a home, it is even more difficult to see that family member suffer under the care of an abusive, overburdened, and under trained nursing home staff.

The National Center for Elder Abuse and numerous nursing home abuse articles report that neglect of our senior citizens’ basic needs is the number one type of elder abuse. Physical abuse by caregivers ranks as the second most common form of elder mistreatment. Almost one million senior citizens are victimized each year.

When abuse or neglect occurs in nursing homes and other assisted living facilities, it is often referred to as “institutional abuse.” Institutional abuse can come in many forms, including physical, sexual, and emotional abuse. Physical abuse can be caused by hitting, unreasonably restraining, inappropriately drugging, refusing to transport, burning, and almost any other type of abusive physical contact imaginable.

General neglect of seniors is the most prevalent type of abuse. Neglect is the result of a lack of interest in the well being of the senior citizen. While physical, sexual, and mental abuse are the result of intentional and purposeful acts of the staff, neglect may occur when a caregiver simply does not care. Caregivers neglect their duty when they fail to provide some necessary element for the resident’s survival. Such neglect can include anything from failing to provide food & water to not paying the heating bill.

Neglect often leads to health disorders such as dehydration and malnutrition, both of which can be fatal if left untreated. Elopement, when a resident successfully leaves a nursing home unsupervised, and wandering, when a resident moves aimlessly inside a care facility without supervision, often occur because of neglect.

Unbelievably, sexual abuse of the elderly is not unheard of in assisted living settings. The abuse can be at the hands of other residents or the staff. Some typical types of sexual abuse include sexual battery (including vaginal and anal intercourse without consent), forced nudity, and inappropriate photography.

Mental abuse of the elderly, while perhaps not as visible as physical abuse, can be just as, if not more so debilitating. One must be vigilant to uncover mental abuse, as the consequences of such abuse may not be immediately apparent. Mental abuse includes, but is not limited to, verbally harassing or intimidating the resident, intentionally not speaking to the resident, and isolating the resident from friends and family.

If a loved has been neglected, abused, or otherwise injured in a nursing home or assisted living facility, it is important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

We will evaluate your case free of charge. In addition, you will not pay any fees or costs unless we recover money for you. Please fill out the form below or call for an immediate response.

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Time limits: Statutes of limitation vary from state to state. In general, they limit the amount of time an injury victim has to file a lawsuit. Failure to timely and properly file suit within the applicable limitation period may forever bar your claim.

If you believe your loved one has been injured they may have a case against an individual, corporation, or other entity, it is very important that you do not delay in seeking legal representation. If substantial time has passed since the incident, you should contact a local attorney immediately.