Legal Resources

My husband’s medical condition was misdiagnosed. Who should be held responsible?

When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence. Failing to diagnose or misdiagnosing an illness or condition can qualify as medical malpractice if it can be proven that a doctor or healthcare provider was negligent. This

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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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How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit. There are a few exceptions to this rule, however. For instance actions against the Massachusetts Bay Transportation Authority(MBTA). You only have two years to file a suit for injuries you sustain as a passenger on public transit. To ensure your personal injury

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My mother slipped while walking through an icy mall parking lot and broke her arm. Who is responsible for her injury?

Slip and fall accidents are common when weather conditions are wet and icy. When it comes to maintaining the safety of public areas, such as parking lots or sidewalks, the property owner has a duty to exercise reasonable care. This is a legal duty, and failure to do so can result in negligence. The periodic inspection of the property and the removal or remediation of snow and ice within a reasonable time is the duty of property owners to reduce the risk of falls and injuries. The commonwealth of Massachusetts no longer practices the “natural accumulation” rule, which relieved 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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