Under Massachusetts law, a person or company may be liable for wrongful death if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state. Massachusetts requires “the executor or administrator of the deceased” to file a wrongful death claim in court. This refers to the person responsible for following
Continue Reading
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
Continue Reading
How is a Negligent Driver Held Responsible for his or her Actions in Massachusetts?
If you have been injured in a car accident that was not your fault, you need to know how the insurance companies determine fault in order to get the compensation you deserve. The commonwealth of Massachusetts is a modified no-fault insurance state. This means that if an individual is deemed to be over fifty percent at fault, they can be held responsible. This also means that, regardless of fault, your own insurance company will pay for your injuries, up to your policy limit. Additionally, Massachusetts law allows individuals the right to legally sue the at-fault party for non-monetary damages, i.e.,
Continue Reading
Wrongful Death Suit in Massachusetts
The heartbreak of a loved one’s death is compounded by the logistical and financial stresses of providing a burial according to the deceased’s wishes, paying off residual bills, and coping with the loss of an income. In cases where a loved one’s death was caused by another’s actions, this can be especially emotionally difficult—but the law does allow for a remedy to the financial stress caused by a wrongful death. In Massachusetts, a wrongful death is one caused by another party through negligence breach of warranty conduct which is “wanton and reckless” Excluded explicitly from these criteria are workplace deaths
Continue Reading
The Dangers of Falling Snow and Ice
As the weather gets colder in New England, many people are already carrying out winterization measures to protect their homes and businesses. Road salt has been purchased, shovels dug out of garages, and tires swapped out. With all this attention paid—and rightfully paid—to the hazards of traveling on foot or by car through a winter wonderland. However, paying attention to snow on the ground should not come at the expense of preparing for snow on roofs and eaves, which poses an entirely different set of risks to guests, neighbors, customers, and all pedestrians. While slip-and-fall, or slip-and-crash, accidents immediately come
Continue Reading
How long do I have in MA to claim injury after an accident?
The Massachusetts General Code explicitly says there is a two-year period in which to claim personal injury after an accident. However, the law also stipulates that you make your claim “as soon as practicable after the accident occurs from which such claim arises” (Title XIV, Section 90, Chapter 34M) Depending on who was found to be at fault in the accident, either your insurance or the other party’s is responsible by law for paying legitimate medical expenses, arising directly from the accident, up to the limits of the relevant policy. They must begin payment on these reported expenses within ten
Continue Reading
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
Continue Reading
I am feeling fine after a minor car accident. Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?
From a purely health perspective, we would have to recommend that you get yourself checked out at a doctor. With the rush of adrenaline and nerves you experienced immediately after the accident, your body may have been suppressing pain as part of your ancient survival mechanisms. You may not realize you are injured until you have had a chance to calm down. Additionally, injuries, even serious ones, can take days to manifest themselves, or may not always have obvious symptoms. For your own health and safety, we would hope you go to a doctor immediately or shortly after a car
Continue Reading
Auto Accidents – A Skilled Injury Attorney Will Make The Difference
Car accidents happen all the time, and they oftentimes leave one or more parties with injuries that require medical attention. Medical bills are expensive, and it is important that you are not financially ruined because of the fault of another. Consult with an experienced personal injury lawyer to fight for your interests and to make sure that you are compensated for your medical bills and suffering. Personal injury lawyers are especially important when you are in an accident with a commercial truck or other large corporate vehicle. The insurance and transportation companies want to settle with you as quickly as
Continue Reading