Boston Injury Lawyer Blog

The Massachusetts Statehouse in Boston is abuzz with pending legislation set to be finalized shortly. The attorneys at the Boston Law Office of Neil Burns recently brought you an article concerning efforts to pass legislation banning texting while driving. As attorneys representing those injured in car accidents and other personal injuries, we know firsthand the importance of safe driving practices: distracted driving leads to many Boston residents being involved in car accidents, and suffering pedestrian and bicycle injuries.

The pending legislation includes more than just banning texting while driving. Massachusetts legislators sought to how best limit distracted driving, generally, and thus said they would also bar the youngest drivers, those under age 18, from talking on the phone while driving and would require the oldest drivers, those 75 and above, to have vision tests and to renew their license in person, rather than online.

The legislation, known as the Safe Driving Act, would make Massachusetts the 29th state to ban texting for all drivers and the 29th state to ban all phone use for drivers under 18, according to the Governors Highway Safety Association. The texting ban would also cover e-mailing, Internet searching, and other non-calling activity on a phone, laptop, or handheld electronic device by anyone operating a motor vehicle. It would apply to drivers not only while they are driving but also while waiting at traffic lights and stop signs. Texting -- and talking for those under 18 -- would still be allowed by a driver in an emergency or when the car is pulled over and parked.

Massachusetts courts are facing devastating budget cuts, with Boston courts trying to do more with less, notes Suffolk County Clerk-Magistrate Michael Donovan. The Massachusetts Bar Association (MBA) assembled a task force to examine the day-to-day effects of recent court budget cuts. The Boston personal injury attorneys at the Law Office of Neil Burns are mindful of the important role courts play in adjudicating car accident and personal injury cases.

As Clerk-Magistrate Donovan noted, Boston area courts see their case load continue to go up, with "the only thing that's declined is the resources we need to serve the public." The statics as reported by the Massachusetts Bar Association are grim. Overall, the Massachusetts trial courts have lost 9.7 percent of its staff between July 1, 2007 and May 10, 2010, due to a hard hiring freeze. This equates to a whopping 740 staff position that are currently vacant and remained unfilled due to budget constraints.

Continue reading "Massachusetts Courts Facing Budget Crisis" »

Massachusetts and Boston's surrounding suburbs are a difficult place for medical malpractice claims. Massachusetts Lawyers Weekly recently reviewed every medical malpractice case tried in Massachusetts Superior Court's in 2009. The end result showed how difficult it is to win your case against a Boston or Massachusetts area hospital or doctor. The experienced personal injury attorneys at the Boston Law Office of Neil Burns know first-hand how difficult it is to win at trial. "The survey done by Massachusetts Lawyers Weekly simply demonstrates what we know firsthand," says Boston personal injury attorney Neil Burns.

The survey is sobering. There are 10 counties in Massachusetts, and Barnstable County (encompassing Cape Cod and the Islands) has returned the highest percentage of medical malpractice verdicts at 25%. Half of the counties in the survey did not return a single plaintiff's verdict for all of 2009. As stated in Massachusetts Lawyers Weekly following their survey, "it was nearly impossible to win medical-malpractice claims."

Continue reading "Massachusetts Medical Malpractice Trials" »

We warn our clients to secure Uninsurance and Underinsurance coverage for their motor vehicles all the time. This is because in my 25 years representing victims of motor vehicle accidents, one of the biggest problems we face is clients with significant injuries and insufficient insurance. A new bill, aimed at illegal immigrants requires the Registry of Motor Vehicles to secure the license number of the person registering the vehicle.

Again, the point of the law is to stop illegal immigrants from registering a car. Regardless of the intent, our fear as personal injury attorneys, reading the statistics that both sides publish, is that there are too many people out there without any effective insurance. If they are driving a car without a license, they are more likely to be uninsured.

Thus, whatever your position on illegal immigrants, review your insurance coverage as soon as possible to purchase sufficient uninsurance and underinsurance coverage.

Located in Boston, the Massachusetts Crimes Against Children Task Force (ICAC) was created to help Massachusetts State and local law enforcement agencies enhance their investigative response to offenders who use the Internet, online communication systems, or other computer technology to exploit children. Protecting children includes monitoring their time on the internet. The Boston attorneys at the Law Office of Neil Burns represent children injured, and children hurt in accidents and childhood-type accidents and injuries, and we bring this message to help keep Boston and Massachusetts area children safe.

And by way of update, risks associated with internet use can be potentially serious. A recent survey done by Cox Communication, Inc., shows preliminary results where more than 80 percent of teens surveyed believe what they post online could impact their personal reputation. Despite this understanding, however, teens continue to engage in risky behavior online. For example, 50 percent of those surveyed said they have posted a fake age online and 38 percent have become social network friends with someone they did not know.

During the past five years, these surveys have shown a dramatic increase in teen online access both in the home and via sophisticated wireless devices, the rise of social networking, the migration of bullying to online forums, and even the careless exchange of sexually suggestive texts (sexts). The surveys have also shown that one thing has not changed, however, education is key. Parents need to be more vigilant than ever in monitoring their children's online activity; they must strive to create an open dialogue with their kids both for their protection and for their future success.

Boston Municipal Court's Appellate Division recently decided an important case clarifying a Massachusetts insurer's use of the Personal Injury Protection Application in relation to extending Personal Injury Protection benefits. Boston personal injury and car accident attorney Thiadora A. Pina, of the Law Office of Neil Burns, notes this case lends direction to a long standing issue regarding payment of PIP benefits. "Massachusetts insurers have long held to the notion that you must return their individual form in order to be eligible for PIP benefits," notes Attorney Pina. "Finally, we know the issue remains prejudice to the insurer, not what particular form is filed."

The facts of the case recently decided concerned a 2005 motor vehicle accident in which a claimant was injured while an occupant in a motor vehicle insured by defendant Pilgrim Insurance Company under a standard Massachusetts automobile policy that provided personal injury protection benefits. Six days later, on February 8, 2005, Pilgrim was notified of both the accident and the claim by its insured, and of the injuries sustained in the accident.

On February 8, 2005, Pilgrim sent its insured a PIP package, which was resent to the insured's attorney on March 14, 2005 after Pilgrim was notified that its insured had retained counsel. Ultimately, Pilgrim never received a completed PIP package per se from either the insured, or her attorney. By letter dated August 15, 2005, the attorney notified Pilgrim that he no longer represented the insured.

The insured was treated by Advanced Spine Centers, Inc., and was billed $5,910.00 for its services. Advanced Spine updated Pilgrim several times during the course of its treatment regarding the insured's medical notes and bills. In response, Pilgrim sent form letters advising that it was unable to issue payment because it was 'waiting for the insured to submit an application for benefits.' On July 12, 2006, Pilgrim sent Advanced Spine the same form letter, but inserted the following language: 'Personal Injury protection benefits were denied. Please contact the claimant for additional information.'

The attorneys to the case agreed that the issue presented was whether the insured's failure to submit the specific PIP package sent by Pilgrim was a material breach of the cooperation clause of the standard automobile policy and a violation of G.L.c. 90, §34M, which precluded her recovery (and, thus, Advanced Spine's) of PIP benefits.

The Court concluded that "Neither [the insured's] motor vehicle policy that was made part of the record, nor G.L.c. 90, §34A, requires any particular form to be used by the PIP applicant to provide the necessary information to the PIP insurer. ... We find no prejudice to Pilgrim in the manner it received the information it had requested in the PIP package. Pilgrim was in possession of all the information that it needed to process [the] PIP claim. . . ."

It should be noted that both Advance Spine and the insured's attorney had sent several additional documents, including the treatment bills and records, to Pilgrim. Thus, enabling the Court to conclude that "Pilgrim was in possession of all the information that it needed to process [the] PIP claim. . . ."

We welcome you to contact our office with any questions.

Lynn City Council's office maybe following in Boston's footsteps as the Massachusetts city considers an ordinance requiring all pit bulls in Lynn be muzzled while they're out in the street on a leash. "Dog bite injuries can be very serious," notes Boston attorney Neil Burns of the Law Office of Neil Burns, "cities should take steps they feel are appropriate in order to protect people from dog bite injuries and attacks."

"They're powerful animals," Lynn City Council President Tim Phelan said. And because of a recent wave a pit bull attacks on Lynn residents, he is proposing the ordinance take effect. "You just don't see yellow labs in the news attacking people all the time," Phelan said. What does Lynn City Council President Tim Phelan say to charges he is discriminating against one breed? "Tough," he said.

But Dr. Amy Marder of the Animal Rescue League of Boston noted that there is no evidence that such an ordinance results in a decrease in the reported rate of dog bite attacks. In addition, Dr. Martha Smith, director of veterinary medicine of the Animal Rescue League of Boston, opined that while she "understand(s) completely why people are desperate to find a solution, a muzzle law is not going to solve the problem." As for a muzzle law, these veterinarians noted that Boston already has one.

On Tuesday, June 15, 2010, Lynn City Council President Tim Phelan is expected to propose the ordinance to the rest of the Council. There will be a public hearing on the matter.

Located in Boston, Lawyers Weekly of Massachusetts recently reviewed civil verdicts rendered in Superior Courts in Boston and throughout Massachusetts. The review showed that the deck is heavily stacked against tort plaintiffs, particularly those who go to trial in Norfolk County and other Boston suburban communities. The Boston attorneys at the Law Office of Neil Burns recommend that those clients considering taking their personal injury, car accident or other injury case to trial listen to the advice of their attorney. A lot of factors must be weighed before taking a case to trial, and the rate of success is certainly one large factor to consider.

Lawyers Weekly noted that of the civil verdicts rendered in Superior Court in 2009, only five of the 35 personal injury verdicts returned in Norfolk County in 2009 favored plaintiffs. The county's 14 percent success rate was 22 percentage points lower than Essex County, which had the highest rate of plaintiffs' verdicts, and 12 points behind the statewide average of 26 percent.
The only region in Massachusetts with a lower success rate than Norfolk County was the Cape and Islands, which saw eight of its nine tort trials decided in favor of defendants.

Superior Court Judge Patrick F. Brady has been keeping track of verdicts for negligence trial he has presided over. Of the 151 negligence trials Judge Brady has heard since 1993, when he first started keeping track, only 16 have resulted in plaintiffs' verdicts, he said. In Norfolk County, only seven of 69 verdicts ended in favor of plaintiffs. Of the 52 trials he has heard in Plymouth County, 49 - or 92 percent - were decided for the defense.

Continue reading "Trying the Negligence Case in Massachusetts" »

Memorial Day in Massachusetts is known by Boston residents as the unofficial start of summer. Soon, Massachusetts children will be out of school for summer vacation, with Boston Public Schools letting out on June 24, 2010. And with summer and children outside, the risk of serious injuries increases greatly. The Boston attorneys at the Law Office of Neil Burns reminds all Boston area residents that childhood injuries increase during the summer months. We note the following information in an effort to keep our children safe and free from personal injury.

According to the Centers for Disease Control and Prevention, unintentional (non-abuse) injuries were the leading cause of death amongst children who presented to an emergency room between the years 2000 and 2006. Thus, this begs the question of whether there are any patterns to child injuries, and if so, how do we keep children safe? When the above statistics were studied, they revealed that childhood injuries seemed to cluster chronologically in families. So if a child was injured seriously enough to be hospitalized, all the children in that family were at higher risk of injury for the next three months. After three months time, the families' risk returned to normal.

Thus, this three month time period is a heightened time within which parents need to be especially careful. We want to make sure we are creating the safest possible environment for our children. Some of the greatest successes in injury prevention have come from across-the-board safeguards like seat belt laws, bike helmets, and fences around pools. Hopefully, we can extent this to helping our kids and their siblings stay safe in knowing the significance of the three month injury time period.

The Massachusetts Appeals Court, sitting in Boston, recently reversed a Trial Court Order granting pre-award interest to the prevailing party of an arbitration. The case began as a negligence action in Boston's Suffolk Superior Court, and negligence cases include the personal injury and car accident cases handled by the Boston attorneys at the Law Office of Neil Burns. Thus, the attorney's at the Boston Law Office of Neil Burns informs its clients of this decision because it may directly impact their individual case.

The Appeal Court noted that because the interest component was not authorized by the arbitrator it had to be stricken from the judgment and could not be awarded. The Court stated that "the parties entered an agreement for binding arbitration. That agreement was silent with respect to pre-award interest should the defendant be found liable in arbitration, which it was. At argument before us, counsel for both parties agreed that the plaintiff orally asked the arbitrator to award pre-award interest should the defendant be found liable. The arbitrator's award did not provide for, or address the question of, such interest."

Notwithstanding, the lower court judge confirmed the arbitrators award and included pre-award interest. But relying on precedent, the Appeal Court stated that 'in the absence of an explicit agreement to the contrary, pre-award damage claims, including interest,' . . . must be considered 'to have been submitted to arbitration.'" But since the arbitration award was silent as to interest, the Court noted "that the arbitrator must at the least state that conclusion in the award before the plaintiff can seek prejudgment interest in a court. ... A silent award will not suffice. ..."

Massachusetts Legislation written in Boston is attempting to make seat belt violations a primary offense. Most recently, Massachusetts state Senator Patricia Jehlen, D-Somerville, reintroduced the measure this year. But the bill has yet to advance beyond the Joint Public Safety Committee. The Boston attorneys at the Law Office of Neil Burns want Boston and Massachusetts residents to practice safe driving methods, and avoid serious personal injury and auto accident injuries.

Massachusetts law already requires most Massachusetts drivers and adult passengers to wear seat belts or face a fine, but police cannot pull over a vehicle for that violation alone. An officer can only stop a car or truck for a so-called primary offense, such as speeding. But when other states have passed laws allowing police to pull over and ticket drivers who are not wearing seat belts, surveys have shown a 10- to 12-percent jump in the rate of buckling up within the first year.

Continue reading "Should Massachusetts Have Tougher Seat Belt Laws?" »

Memorial Day in Boston marks the unofficial start of summer, and unfortunately, potential boating injuries and personal injuries from outdoor activities. The Massachusetts Environmental Police (MEP), housed as the Executive Office of Energy and Environmental Affairs' Office of Law Enforcement, is the primary agency responsible for enforcing Massachusetts' fish and game and boating and recreational vehicle laws. The Boston attorneys at the Law Office of Neil Burns brings you the following reminders regarding boating safety since Boston and its surrounding Massachusetts suburbs have such wonderful areas for boating.

In addition to wearing personal flotation devices (PFDs), commonly known as lifejackets, officials urge boaters to take a boating safety course, operate boats only while sober and make sure their boats have the required safety equipment onboard. Massachusetts Environmental Police Director Col. Aaron Gross also cautioned boaters that water temperatures are still cool and that boaters should take precautions to prevent hypothermia.

Safety rules for boating including one personal floatation device, or life jacket, for each person in the vessel. Massachusetts law requires children under the age of 12, all persons riding personal watercrafts such as Jet Skis or Sea-Doos, and all water skiers and tubers to wear approved life jackets.

Massachusetts law also prohibits operating any vessel under the influence of alcohol or drugs. Boaters are also prohibited from operating within 150 feet of a public or private swimming area. All boaters are reminded to operate their vessels at a reasonable speed based on the existing conditions which include traffic density, weather and visibility.

Under Massachusetts law, boaters under the age of 12 may not operate a motorboat unless accompanied and supervised an adult. Children between the ages of 12 and 15 must complete an approved boating course. Children under the age of 16 may not operate a personal watercraft. Personal watercraft operators between the age of 16 and 18 must pass an approved boating safety course prior to operation. All boats are required to carry life preservers, fire extinguishers, and navigation lights. A paddle or an oar is required on boats less than 16 feet long.