Boston Injury Lawyer Blog

Halloween seems to bring out the fun in most folks. However, from the perspective of lawyers, who often see new cases following Halloween injuries, we want to remind parents to keep kids safe on Halloween. Street crossing is more important than ever - drivers can be distracted and kids' costumes may not be focused on reflectors and lights; use reflective tape and insist that kids carry flashlights (and use them). The Massachusetts Eye and Ear Infirmary doctors warn parents to avoid masks that block vision, including peripheral vision.

Adults need to be vigilant about their children's safety and to be on the lookout for other children who are falling behind their group or doing something dangerous. The Centers for Disease Control and Prevention has a good (and fun) list of what to do or not do before trick or treating on Halloween.

Continue reading "Halloween Safety for Massachusetts Youth...and the Rest of Us" »

There is good news for Boston and Massachusetts residents concerning car accidents. Massachusetts had the lowest fatality rate from all crashes (i.e. car accidents, bicycle accidents and pedestrian accidents) involving passenger vehicles in 2008, according the Center for Disease Control and Prevention. Overall, teenage traffic deaths declined nearly 17% in 2009 compared to 2008 for youths aged 15 to 19, the Center for Disease Control and Prevention says in a new report. The Boston car accident attorneys at the Law Office of Neil Burns are excited to share this news showing a decrease in teen car accident fatalities.

The Center for Disease Control and Prevention, in its Morbidity and Mortality Weekly Report for Oct. 22, 2010, notes that the rates cited above have improved partly because of graduated driver licensing (GDL) programs. Such programs extend the period for learner's licenses, place driving restrictions on young drivers, and limit the number of passengers allowed in their vehicles.

Continue reading "Massachusetts Teenagers Involved in Fewer Fatal Car Accidents" »

Boston University was the site of a lecture recently given by Massachusetts car accident and personal injury attorney Thiadora Pina. The event was dubbed Legal Spotlight, and included Boston University undergraduate students interested in attending law school and learning more about Boston personal injury law. The event was organized by the Cape Verdean Student Association and the Diversity in Law Association, two undergraduate organizations that are part of Boston University.

The undergraduate students in attendance were a lively group, and came prepared with many questions about attending law school and practicing law. The first step for any undergraduate interested in law school is identifying those schools of interest, and also preparing for the Law School Aptitude Test, or the LSAT. We began our discussion with these topics, but they by no means encompassed the scope of event.

Continue reading "Legal Spotlight and Attorney Lecture at Boston University" »

Massachusetts residents, perhaps visiting Boston with their young children in a stroller, need to be aware of a stroller recall issued by Graco Children's Products Inc., a unit of Newell Rubbermaid Inc. The strollers have resulted in four child deaths and also reports of children's injuries, and the Boston personal injury attorneys at the Law Office of Neil Burns want to inform you of this danger.

According to the United States Consumer Product Safety Commission, reports of four deaths of babies from the Graco Quattro Tour and MetroLite baby strollers. Apparently, there is a dangerous gap between the stroller tray and the seat. Ironically, the seats can be used safely in a motor vehicle as an infant auto seat because there is no space-gap. Models made in 2008 and later are safe, according to the CPSC.

Continue reading "Notice to Massachusetts Parents of Stroller Recall" »

Boston and all Massachusetts practitioners licensed under Massachusetts General Laws, chapter 112 now have a recent Appellate court decision that alters reimbursement for auto accidents, bicycle accidents, pedestrian accidents and all such cases reimbursed through PIP. The Appellate Division has changed the way Massachusetts insurers are allowed to submit medical bills for review and thus calculate amounts paid to providers. The attorney's at the Boston Law Office of Neil Burns want our clients to stay current on changing PIP practices.

In a case where Premier Insurance refused to pay 20% of the medical bills of an injured plaintiff, after it submitted the bills to an "outside" company for review, the Court found that there was no proof that they actually did submit the bills to an outside company. Wherefore, the Court found against Premier and ordered them to pay the bills. See Howard Physical Therapy, Inc. v. Premier Insurance Co. (Appellate Division, Northern District) (App. Div. No. 10-ADMS-10029) (Sept. 23, 2010).

Boston Municipal Court's Appellate Division recently decided a Massachusetts case that changes the way collection of outstanding bills from PIP will now be handled. Handling personal injury, auto and car accident and injury cases throughout the Boston area, the attorneys at the Law Office of Neil Burns make every effort to keep providers current regarding changes to the law affecting their billing and collection practices and considerations.

We previously blogged about this case whereas the ruling also concerned, and changed, the acceptable parameters of having bills reviewed for reasonable and customary charges within a provider's geographical area. This case is notable because it also addressed the manner in which PIP insurers are able to dismiss claims for unpaid and/or disputed bills following a claim for the same.

Continue reading "Massachusetts PIP Insurer's Payment of Disputed Bill" »

Boston and its area suburbs in Massachusetts suffered substantial flooding during a six day period in May 2006. And a case recently decided in Essex Superior Court shows the need to make sure you fully understand all your insurance policies, including: car accident and injury insurance and homeowner's insurance. The personal injury attorneys at the Boston Law Office of Neil Burns want to inform Massachusetts residents regarding their homeowner's insurance policies. We deal with insurance companies every day, and we understand the complexity of insurance policies.

In the case, Cortina Realty Trust obtained a homeowner's policy of insurance the following exclusion: 'This policy does not insure against loss or damage caused by, resulting from, contributed to or aggravated by: (a)(2) flood, meaning surface water, waves tide or tidal water, and the rising (including the overflowing or breaking of boundaries) of lakes, ponds, reservoirs, rivers, harbors, streams, and other similar bodies of water whether driven by water or not; (b)(1) backing up of sewers or drains due to an occurrence of nature.'

Continue reading "Water Damage and Massachusetts Homeowner Insurance" »

Our injuries to children ears perked up when we learned that over 11,000 drop-side cribs manufactured by Alexander Designs have been recalled, according to the US Consumer Product Safety Commission. The cribs have hardware that can break, which allows the drop side to detach and create a hazardous gap. It is in those gaps where small children have been known to become injured, including suffocation. Further, children can fall out, causing injury. This is the second crib recall in just four months: Jardine cribs were recalled in June, 2010. Another manufacturer, Dorel Juvenile, had cribs that were recalled and our January 7, 2010 blog article highlighted the need for the crib recalls.

The cribs, manufactured in Taipei, Taiwan, and distributed by J.C. Penny, have been known to cause two incidents of malfunction. Fortunately, the CPSC knows of no injuries. One of the incidents involved improper assembly.

In the Boston suburb of Reading, Massachusetts, a child was seriously injured in a Reading Public School system was recently sued by the parents of a young child injured during school recess. The Boston personal injury attorneys at the Law Office of Neil Burns represent children injured in accidents and have written extensively about this area on their website and in their blog.

This case is particularly interesting from a Boston attorney's perspective because the case addresses an often difficult issue regarding suing a public entity in the state of Massachusetts. Massachusetts public entities often cannot be sued because of the Massachusetts Tort Claim Act (MTCA), which provides immunity from lawsuits if the actor of the public entity was acting in their official capacity at time that the latter alleged tortuous conduct occurred.

Continue reading "Child Injured on Massachusetts Playground" »

On October 1, 2010, the new law on texting while driving will go into effect. The Safe Driving Act, enacted by the legislature in June and signed into law by Governor Patrick on July 2, 2010, makes Massachusetts the 29th state to ban texting while driving. The fine is $100 for adults but $100 plus 60 days loss of license for juniors; the fines and time loss of license increases with each offense. The law forbids all drivers under the age of 18 to use cell phones. We have previously published an article on texting while driving. Significantly, the danger to the driver and others increases dramatically when the driver's attention is distracted. Drivers should know that lawyers who represent victims of motor vehicle accidents will often use information about such "distracted drivers" against them in civil cases. Further, insurance rates will increase for those found at fault for causing accidents.

Continue reading "Texting Ban to go into Effect in Massachusetts" »

The Jimmy Fund's annual Scooperbowl is testament to Boston residents' love of ice cream. The Massachusetts region is known to have a high consumption of ice cream related products, too. But you are what you eat. Keeping it all natural is certainly a healthy choice, even with ice cream. The . But this once venerable small Vermont dairy operation known for its all natural ingredients, is stripping the claim "all natural" from its packaging under pressure from consumer advocates who pointed out some components of the ice cream are not "all natural" and simply do not exist in nature.

Continue reading "Bostonians Scream For All Natural Ice Cream" »