Boston Injury Lawyer Blog

The Massachusetts Supreme Judicial Court, sitting in Boston, Massachusetts, has had a busy week handing down significant case law. The Law Office of Neil Burns reported earlier regarding slip and fall injuries on ice and snow, and the change in the law in evaluating those cases. Also this week, the Court changed how the medical bills of a personal injury plaintiff, someone injured a car accident, for example, are submitted into evidence at trial.

In a significant ruling, the Supreme Judicial Court came down against personal injury plaintiffs in proving damages. In a typical trial, the plaintiff gets his medical bills certified and they are presented to the jury a proof of the costs of medical care. This is pursuant to Massachusetts General Laws, Chapter 233, Section 79G. However, medical bills are usually negotiated by the insurance carrier, such as Harvard Vanguard or Blue Cross, so that the insurance carrier only pays a portion of the bill. This does not typically happen with PIP; Personal Injury Protection insurance from your motor vehicle insurance company.

Under the new court ruling, the defendant may now produce evidence that the bills should have been within a "range" of payments. Thus, in a case with significant medical bills, the defendant can, and likely will, hire an expert to show that the medical bills would only be paid in a lower amount by a typical insurance company.

Massachusetts has recently seen a rash of Boston area car accidents involving Massachusetts State Police officers. Thus, the State Police Association of Massachusetts -- the troopers' union -- is calling for action: they want more personnel on major highways during peak hours, primarily Friday and Saturday nights. The attorneys at the Boston Law Office of Neil Burns want all Boston and Massachusetts residents to drive with caution as we see firsthand the results of personal injuries resulting from car accidents and those injured in car accidents.

Recently, a Massachusetts state trooper was recently killed in Mansfield, Massachusetts and two more state troopers were injured during car accidents in Cambridge, Massachusetts and Taunton, Massachusetts. These crashes are thus increasing road, traffic, and automobile safety concerns in recent weeks and prompting Massachusetts to take action.

The move is getting a lot of attention and for good reason. Across the country, the number of officers killed in traffic accidents is up 35 percent this year.

Continue reading "Massachusetts State Troopers Try to Improve Safety" »

Boston area residents should be role models when it comes to bicycle safety. Massachusetts General Laws, Chapter 85: Section 11B, requires all persons 16 and under to wear an approved bicycle helmet while operating their bike on any public way in Massachusetts. The Law says nothing regarding adults and those over 16, however. The Boston Law Office of Neil Burns represents individuals injured in bicycle accidents and knows the importance of wearing a helmet in promoting bicycle safety.

The importance of wearing a bicycle helmet, regardless of age, cannot be overstated. More than 90 percent of the 714 bicyclists killed in 2008 were not wearing helmets, according the Institute for Highway Safety. So even though there is no law, per se, requiring helmet use for those older than 16, safety is the real issue.

Continue reading "Bicycle Helmet Safety" »

Just today, the Massachusetts Supreme Judicial Court, sitting in Boston, has handed down new law regarding slip and fall injuries involving snow and ice. It used to be that the duty of care owed by landowners to lawful visitors on their property did not include any obligation to remove snow and ice that had accumulated naturally. Now, however, that has changed. The attorneys at the Boston Law Office of Neil Burns know the importance of staying up-to-date and current regarding applicable laws affecting our clients.

Under the new case, there is no longer the "natural accumulation" rule. That rule, which essentially said, there to have a personal injury case in Massachusetts as a result of falling on snow or ice, there must be an "unnatural accumulation." Unnatural accumulations were found in cases such as when water from a man made pipe drained into a driveway and froze.

Continue reading "New Slip and Fall Injury Law " »

In a case handed down by the Massachusetts Supreme Judicial Court, the Court took employers off the hook for the responsibility of their employees while off site. Essentially, the Court said that in the "comings and goings" of an employee, the employer is not responsible. We see many such cases: there is insufficient motor vehicle insurance, so the injured party needs to file a claim against third parties. The case involved a pedestrian injured by a driver who had been drinking with his boss prior to driving home. The driver was convicted of driving under the influence of alcohol.

In this case, Lev verses Beverly Enterprises, the employee, Ahern, and his boss were having drinks, discussing work. After having approximately two drinks, Ahern left the bar to drive home. Unfortunately, Ahern's motor vehicle struck Mr. Lev as he was crossing a street - suffering two broken legs and other serious injuries. The plaintiff, Lev, alleged that Ahern was acting within the scope of his employment because it was essentially a work meeting, notwithstanding the fact that it was "off campus" and that, therefore, the company was responsible for Ahern's negligent driving. Unfortunately for Ahern, the trial judge, Merita Hopkins, sided with the employer and the Supreme Judicial Court affirmed stating that the drive from the bar home was "not an essential part of the employer's mission."

A case recently decided in Boston and upheld by the First U.S. Circuit Court of Appeals found no merit in an employee's personal injury lawsuit, where claim she should be able to sue her employer because at the time of her injury she was working for a wholly-owned subsidiary of her employer. The Boston attorneys at the Law Office of Neil Burns have successfully resolved cases for employees injured at work through no fault of their when liability rests with a party other than the employer. We can evaluate your work injury claim to determine if this option is available to you.

In this case the U.S. District Court in Massachusetts granted summary judgment in favor of Delta Airlines. The issue was whether a person was an employee. In Massachusetts, employees cannot sue their employers for personal injury: they must use the so-called workers compensation system. However, in this case, the worker claimed that she was not an employee, but a contractor. The Court, however, found her to be a "loaned servant" , finding that it was immune from personal liability because the claimant was a "loaned servant" and therefore, could not avail herself to the court, but must use the much less remunerable workers' compensation statute.

Continue reading "Massachusetts Employee Barred From Suing Employer" »

Boston automobile drivers face many tough road conditions while driving in Massachusetts. If your car is damaged in an automobile accident because of someone else's negligence, first try to work things out with your automobile insurance company. But if you cannot get the relief you seek or feel you are entitled to, then you may consider bringing your property damage (or car accident damage) claim before the Massachusetts small claims court.

The Massachusetts small claims court operates under the District Court. It has its own benefits, such as a quick hearing (or trial) date. It has restrictions to, such as a jurisdictional limit of $2,000. With laws, there is often an exception. In small claims court property damage to a motor vehicle can exceed $2,000.

Continue reading "Massachusetts Small Claims Court For Property Damage" »