Legal Resources

Can I sue my employer if I’m injured on the job?

Nearly all Massachusetts companies are required by law to carry workers’ compensation insurance. In doing so, employees essentially forfeit the option to sue an employer. However, there may be circumstances where an employee can pursue additional damages for a job-related injury. This article will discuss what workers’ compensation covers and when you can seek additional damages. Massachusetts Workers’ Compensation Explained The Massachusetts Workers’ Compensation system was created to ensure both employees and employers are protected. Workers’ compensation guarantees that employees who are injured or rendered ill because of the job are covered under insurance. Worker’s compensation benefits may cover payment

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How can parents receive compensation for the death or injury of their child?

A Lawsuit No One Wants to File  The worst thing a parent can imagine is harm coming to their child—be that serious injury or even death. Indeed, even people without children cringe at the thought of a little one’s suffering. Unfortunately, in the world we live in, the most vulnerable among us are not shielded from injury and accident. As such, the law has remedies for parents that they wish they never would have needed—financial compensation for the injury, disability, or death of their child. Damages: A Primer  In any discussion of personal injury or wrongful death cases, it is

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Premises Liability and Comparative Negligence in Massachusetts

When someone gets injured on a property in Massachusetts, who is responsible? The property owner? The tenant leasing the property? Or could the injured person’s conduct have caused the injury? Massachusetts law recognizes that questions of liability—premises liability or otherwise—are seldom black-and-white. If you have been injured on someone else’s property and are seeking compensation, you may find yourself puzzling over terms like ‘premises liability’. While nothing can replace the counsel of an experienced personal injury lawyer, it is wise to have an understanding of certain terms and what they may mean for you in your Massachusetts personal injury case.

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The Truth About How Much Your Personal Injury Case Is Worth

When determining how much a personal injury case is worth, it’s important to remember that every case is different and must be evaluated independently. Personal injury cases are anything but cut and dry, and there is no mathematical formula to determine how much one is owed for sustained injuries. Be wary of lawyers who claim they can immediately value your personal injury case as each case depends on many factors, such as the nature and severity of an injury, the extent of medical expenses, and the permanency of the injury. How an injury impacts an individual’s ability to work and

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Can I sue my employer if I was injured on the job?

According to Massachusetts General Laws, all employers must provide workers’ compensation insurance coverage. This ensures that employees who are injured on the job or contract an illness related to their work are protected by Massachusetts Workers’ Compensation benefits. Compensation benefits are guaranteed in most cases even if the employee is at fault for their injury. Benefits may cover partial pay replacement, hospital and medical care expenses, and disability compensation. In exchange for the guarantee of benefits, injured employees receiving workers’ compensation cannot sue their employer for personal injuries. There may be an exception in some cases if it can be

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Punitive Damages and Personal Injury Cases: A Rare Option in Massachusetts Courts

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Massachusetts and the other New England states do not allow for punitive damages. One exception to this in the Commonwealth is in wrongful death cases. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These can include the cost of medical bills, loss of income, loss of future earning potential, pain and suffering, and loss of companionship if one’s spouse

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What You Need to Know if a Defective Product injures your Child

Trips to the emergency room are every parent’s worst nightmare. Yet, according to the United States Consumer Product Safety Commission, each year, over 200,000 children are treated at hospital emergency rooms for toy-related injuries. While some injuries are due to improper use, thousands of new toys hit the shelves every year, and unfortunately, not all are safe. If a defective toy injures your child, you may be able to file a product liability lawsuit. Most personal injury cases are based on negligence; however, when the negligence is in relation to product design or manufacturing or a failure to warn appropriately,

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Know The Legal Steps To Take After A Wrongful Death Caused By An Auto Accident

Struggling with the loss of a loved one is never easy. Figuring out the legal steps when dealing with a wrongful death due to an auto accident is difficult, which is why we’re here to help ease this troubling time. The Centers for Disease Control and Prevention (CDC) reports that there are more than 32,367 fatalities annually as a result of car crashes. Such collisions are often a result of the negligence of another person. Many drivers falsely believe that car accidents are always “accidental” and are something unfortunate that just happens. From the carelessness of another driver, the negligence

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Rear-end collisions and the rush to settle

Rear-end collisions are not uncommon, but they are not simple or routine. Rear-end collisions come on a sliding scale, ranging from the annoying to the frightening to the downright devastating. A long-haul trucker whose brakes fail at an off-ramp can total cars, wreck bodies, and take lives. On the other hand, a distracted driver letting his foot of the break in snail’s-pace traffic will probably result in a dinged bumper and frayed nerves. What rear-end collisions often have in common is insurance companies’ haste in settling. Why could this be? Liability in rear-end collisions is clear: whoever was in the

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Massachusetts Auto Accidents: An Overview

Wherever an auto accident happens, it is never convenient, often overwhelming, and at times life-altering. If you have recently been in an accident in the Commonwealth of Massachusetts, this article will help you sort out what the process looks like from here, giving you a sense of what you have already done and what remains to be done to get your life back on track. For any Massachusetts driver, whether you have been in an accident or not, it is important to understand Commonwealth law regarding auto accidents so you can respond quickly should an accident happen to you. Reporting

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The Dangers of Falling Snow and Ice

While slip-and-fall, or slip-and-crash, accidents immediately come to mind as common winter hazards, falling ice and snow from roofs can also cause serious injury to the unsuspecting traveler. Serious head, neck and back injuries, including severe concussions, can result from a snowpack sliding off a steep roof and onto a passerby. Along with the possibility of a concussion and neck injuries, if the passerby is knocked off his or her feet there might also be the typical injuries of a slip-and-fall accident. In general, the responsibility for keeping roofs reasonably clear, or marking off potential “falling ice” areas as a

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Personal Injury Claims in Massachusetts – What You Need To Know

Personal injury is described as an injury to your body, mind, or emotions and can cover all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or

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Rear-end collisions and the rush to settle

Rear-end collisions are not uncommon, but they are not simple or routine. Repeat after me: there is no such thing as a ‘simple’ rear-end collision. Again, there is no such thing as a “routine” rear-end collision. Rear-end collisions come on a sliding scale, ranging from the annoying to the frightening to the downright devastating. A long-haul trucker whose brakes fail at an off-ramp can total cars, wreck bodies, and take lives. On the other hand, a distracted driver letting his foot of the break in snail’s-pace traffic will probably result in a dinged bumper and frayed nerves. What rear-end collisions

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Why your Slip and Fall is Not as Innocent as You May Think

Slipping and falling in a grocery store, workplace, or retail store may seem innocent. The fall is innocent until the pain becomes a serious injury, such as bulging disc in the back or neck or even a broken bone, that leads to life long repercussions. Slip and falls are a part of tort law, a special area of the law dedicated to a harm or loss resulting in a legal liability for the person who created the harm. Property owners are legally obligated to follow specific building regulations for the safety of bystanders and shoppers. If there is a dangerous

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