Boston Injury Lawyer Blog

Boston personal injury attorney Neil Burns reports that significant results from research at Massachusetts Eye and Ear Infirmary and the Brigham and Women's Hospital show that the percentage of teenagers, 12-19, with hearing loss has increased. The study, reported in the Journal of the American Medical Association (AMA) found that 14.9% of teenagers in 1998-1994 had some form of hearing loss while there were 19.5% in the recent study, from 2005-2006.

Another significant finding of the study was that "individuals from families below the federal poverty threshold... had significantly higher odds of hearing...than those above the threshold." There was no cause listed in the JAMA study, however, other studies have stated that the dramatic use of earphones and headphones was associated with hearing loss.

Continue reading "Massachusetts Parents Should Warn Teenagers About Hearing Loss" »

You live in Boston. You were injured in an accident in Massachusetts. You sought medical treatment, maybe at Massachusetts General Hospital or Boston Medical Center, for example, and got yourself better. Now it is time to settle your personal injury case with the insurance company. But what is a reasonable offer of settlement given your injuries and your case? First, talk with your Boston personal injury attorney, they are in the best position to advise you regarding your particular claim. The Boston attorneys at the Law Office of Neil Burns routinely offer such advice to their clients.

In Massachusetts, we have two primary statutes that apply to insurance companies when they fail to make a reasonable settlement. First, there is Massachusetts General Laws Chapter 93A, the Consumer Protection Statute. Second there is Massachusetts General Laws Chapter. 176D. Both of these laws protect consumers of insurance and those who file claims under insurance policies that are in effect in Massachusetts.

Continue reading "Insurance Company's Offer of Settlement" »

The tobacco and associated industries tried yet another gimmick to entice children to smoke: novelty lighters. These lighters, which look like toys, have been involved in various fires, according to Massachusetts Department of Fire Services. The lighters can resemble toy cars, Magic Markers, or even a seemingly harmless rubber ducky. Thankfully, on August 9, 2010, Massachusetts became the 14th state to ban novelty lighters. As a Boston child injury lawyer, I'm glad to see that with this new law, children will have a much lesser risk of suffering burn injuries.

According to the Massachusetts Department of Fire Services, which supported the law, the ban on novelty lighters will save lives. Accidental fires are often started by children playing with lighters and matches. In fact, from 2003 to 2007, children in Massachusetts alone set 912 fires, which caused 93 injuries and $9.5 million in damages. Just last May, a ten-year-old boy pleaded not delinquent for using a lighter to start a Haverhill house fire that killed a woman and a child.

In a case handed down by the Boston Municipal Trial Court the plaintiff, Juarbe, bought automobile insurance from Commerce. Following a motor vehicle accident in which Juarbe was hurt, medical attention was needed and medical bills were generated. Personal Injury Protection (PIP) insurance, which Jerube had, and which is, by law and by contract, supposed to insure such medical services, was denied to Jerube by Commerce. This has happened many times with our personal injury clients who are victims of motor vehicle accidents.

What typically happens in our cases is that we advocate for the client and the bills are worked out. Often however, the lawyer, as in the Jerube case, must file a Consumer Protection letter which provides multiple damages and attorney fees if the consumer wins the case. In the Jerube case, Commerce quickly paid the medical bills and then retained an insurance defense firm to continue to fight the injured plaintiff in court. The Court, in this case, decided that the 93A case could continue as he "plaintiff has raised a genuine issue of material fact" regarding Commerce's bad faith in violation of Massachusetts General Laws, Chapter 93A.

See Juarbe v. Commerce Insurance Company, Boston Municipal Court Docket Number 0907-CV-0952.

In a recent case in Fall River, Massachusetts, Trial Judge Welch held that the victim of personal injury could not exclude the defendant's civil engineer expert testimony as to the methodology to determine the speed of the vehicles involved in a collision. The appellate court held that Judge Welch's decision to allow the testimony was "within the discretion of the trial judge and will be reversed only where it constitutes an abuse of discretion or error of law." This is notwithstanding the fact that the methodology was questionable, the defense "expert" had not viewed the vehicles, and his training was in civil engineering and had only taken a class in accident reconstruction. Further, the court found that even though the "treatise" with the critical equations was not put into evidence at trial.

Continue reading "Massachusetts Personal Injury Trial Expert's Testimony Limited" »

According to the Massachusetts Department of Health and Human Services, drowning is a major cause of death for children. The Boston personal injury attorneys at the Law Office of Neil Burns want Boston residents to practice and develop safe habits for enjoying swimming and other water activities during the summer months.

According to the Massachusetts Department of Health and Human Services most drowning with respect to minors is as a result of a lapse in supervision. Drowning is a major cause of death for children. Along with adults, children can drown in small amounts of water. They loose consciousness within two minutes. According to HHS, alcohol is involved in up to 50% of teenage and adult drowning.

Continue reading "Safe Swimming in Boston" »

Boston residents are injured in car accidents that happen in Massachusetts every day. Following a car accident in Boston, you should report the accident to your insurance company and file an operator's report. And if you are injured in a Boston car accident, you should seek immediate medical attention for your personal injuries. The attorneys at the Boston Law Office of Neil Burns can help you file a claim and maximize your recovery if you are injured in an accident through no fault of your own.

In a case involving a motor vehicle accident in January 2005, the plaintiff claims that her rear end collision caused her personal injuries. However, the following factors indicated to the court that the insurance company was off the hook: there was minimal damage to the car (always an insurance company favorite), no one claimed injury at the scene, she first sought medical attention for her injuries five months after the accident, and, that was the first time that Commerce Insurance Company learned of the accident.

Continue reading "Danger of Delaying Medical Care After Car Accident" »

There are many attorneys in Boston. But sometimes, in lieu of consulting and hiring an experienced attorney, many Massachusetts residents try to navigate the Massachusetts court system on their own. The attorneys at the Boston Law Office of Neil Burns know that this is often a mistake. Trying to represent yourself, whether in court or when dealing with insurance companies, for example, in negotiating personal injury settlements, can be tricky; worse yet, your claim may not survive.

In the field of legal malpractice, we often get clients who want us to represent them. However, sometimes we don't feel that they have a case that would win and result in a collectable money judgment. Many feel so strongly that they go on to represent themselves. They often come back to us and hire us to figure out what has gone wrong with their case against their former lawyer. Often it is that they don't know the Rules of Civil Procedure. They are complicated. They require precise and timely pleadings.

Continue reading "The Risk in Representing Yourself" »

We often encourage clients to file their consumer cases in Small Claims Court. This is relatively easy in the local district courts and trials are quick. For many years, however, the limit for damages that could be claimed was $2,000. The exception was for property damage to motor vehicles. Now, in the Economic Development Bill, the legislature has raised the small claims damages limit to $7,000. The way the bill was drafted it will go into effect immediately.

While this will help consumers with claims up to $7,000, we feel that it may also help our personal injury clients who have claims that may fall into this category. The insurance companies often offer nominal monies for soft tissue claims such as neck and back injuries. With this new law, we may have some ammunition to fight back!