Legal Resources

Pedestrian Injured By Car Accident – What You Need To Know

Any person on foot is considered a pedestrian. Most pedestrian accidents involving an automobile occur at intersections, crosswalks, and parking lots. If you or a loved one is hit by a vehicle while walking, running, jogging, or even sitting on a bench, you have legal options. Immediate Steps The actions taken immediately following a pedestrian and car accident are vital in protecting your wellbeing and legal rights. Start by calling 911 if anyone involved requires immediate medical attention but also to get the police on scene for a police report and perhaps investigation. Next, you’ll want to obtain contact and

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What You Need to Know About Auto Accidents in Massachusetts

Quick Action Is Required After an Accident There is never a good time to have an accident. Depending on the circumstances, an accident can be a minor inconvenience or a life-altering calamity. Recent studies suggest that the average driver will have a collision three or four times over a lifetime, or about one collision every eighteen years. We all hope and pray that any collisions we are involved with are minor and result in no serious property damage and–even more importantly–no real harm to people. Yet even a minor “fender-bender” can ruin more than an ordinary afternoon of errands and

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I suffered an injury on a wet floor at the gym. The manager says I can’t sue because I signed a “general release” when I joined. Is this true?

While it’s standard procedure for a health club or gym to require members to sign a liability waiver, members still have rights. The purpose of a general release of liability waiver is to protect the gym from injuries caused by members. It’s common to sustain an injury while exercising. For example, pulling a muscle by lifting too much weight, misusing an exercise machine, or overexerting are typical injuries covered members are prohibited from bringing about legal action. However, when an injury is sustained due to the gym’s negligence, a release is not enough to excuse the gym from liability. Similar

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What You Need to Know About Filing a Wrongful Death Suit in Massachusetts

When processing the death of a loved one caused by someone else’s bad choices, you need skilled legal representation to advocate for your—and your late loved one’s—interests in the judicial system. Below, we lay out the basics of filing a wrongful death suit in Massachusetts. The Basics of a Wrongful Death Suit In general, whenever a living person could file a personal injury suit on behalf of himself or herself, the estate of a deceased person may file a wrongful death claim. As specified in Massachusetts General Laws Chapter 229, Section 2, the Commonwealth defines a “wrongful death” as a

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How Does Legal Marijuana Impact Personal Injury Cases?

While marijuana use is legal for people over the age of 21 under Massachusetts law, it does not change whether or not a person under the influence can be considered at fault in a personal injury case. Marijuana use, legal or not, is treated similarly to alcohol and other substances when it comes to things like driving, operating heavy machinery, and personal injury cases. Like alcohol, cannabis impairs a person’s reaction times. Massachusetts has passed a range of laws governing the legal use of cannabis to keep people safe. Just like it is illegal to drive under the influence of

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Injured While Ridesharing: Can Passengers Sue the Company as Well as the Driver?

Ridesharing has been hailed as one of the great conveniences of modern life: easier than designating a driver, cheaper than a cab, and faster than waiting for the bus. When it comes to injuries incurred because of a rideshare driver’s recklessness or negligence, however, it is less clear how victims can receive compensation. The average driver, even working fulltime, is almost certainly lacking insurance, assets, and earnings substantial enough to cover millions of dollars in medical treatment expenses and lost wages. As of 2021, however, the rideshare industry was valuated at $61 billion. For such a massive, profitable industry, the

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The Preponderance of Evidence Standard and What It Means for Your Personal Injury Case

Aside from those of us who choose the law as our professional calling, most people will find the inside of a courtroom a disorienting, unfamiliar place, populated by the plotlines of police procedurals and award-winning dramas. When you are confronted with the prospect of not only visiting a court, but placing all your faith and hope for restitution in the court system, such as when you are already coping with physical pain and financial loss after an accident, trip, slip, or fall, it becomes even more daunting. Competent and caring legal professionals, like our team, can make the legal process

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How does the court determine fault for injuries suffered in a car accident?

The terms comparative fault and contributory negligence are legal doctrines often referred to during auto accident lawsuits to address who is at fault. More precisely, these terms determine the percentage of each party at fault to determine how and if damages will be awarded. If you are injured in a car accident, you may be entitled to recover damages from the responsible party. Under Massachusetts law, anyone operating a motor vehicle has a duty to standard care. All drivers are expected to obey traffic laws and exercise caution based on driving conditions. When it comes to auto accidents, it’s not

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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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How does contributory and comparative negligence affect my car accident lawsuit?

Anyone who has experienced an auto accident knows how quickly things can spiral out of control. With any luck, all parties involved can walk away from such an event unharmed. Unfortunately, this is not always the case. In the event an auto accident leads to injury, it’s crucial to determine who is at fault and the level of culpability they contributed to the accident. Comparative fault and contributory negligence are models for determining who bears responsibility for an auto accident. This is central to car accident lawsuits as there is often no clear answer. Oftentimes more than one person may

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