How to Get Compensated If Your Lawyer Commits Malpractice

When we retain an attorney to handle a legal matter, we expect a professional to handle it competently and diligently. This includes knowing the law that controls or is applicable to the matter, undertaking the research if needed, performing any necessary investigation, communicating with you and keeping you updated and apprised of the proceedings. When an attorney fails to perform in accordance with expected standards of competence, then you may have a cause of action for legal negligence or malpractice against that attorney.

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Legal Malpractice in Real Estate Transactions

Purchasing or selling real estate is typically the largest transaction anyone will ever undertake in his or her life. It can be your main residence or in many instances, a vacation home or an investment that you can flip or retain to rent out. For any real estate matter, you should expect competent legal representation given the expenditure at stake and the future benefits of the asset. Unfortunately, attorneys make mistakes or fail to live up to the appropriate and accepted standard of competence. 

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Legal Practice Billing Fraud

One of the cornerstones of the attorney-client relationship is trust. Clients place trust in the attorney’s competence to handle the legal issues in their matters and to routinely communicate with the client so that they are suitably informed about all relevant and material matters affecting them. And, of course, the client expects to be billed accurately and appropriately for the legal work done. 

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Getting a Dash Cam in Massachusetts

With police departments routinely requiring its officers to wear a bodycam and to have it filming in any encounter with a suspect or during a traffic stop, there are cameras available to Massachusetts motorists that can be installed inside their vehicle on their dashboard, behind the rear-view mirror, or even on the side windows so long as it does reflect more than 35% of visible light.  So, what are the advantages of having a dashcam and are there any legal concerns?

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Can You File For Bankruptcy in Massachusetts Without a Lawyer?

Deciding to file for bankruptcy in Massachusetts is an important step with various consequences. Although you may be able to discharge many of your debts, your credit rating will take a substantial hit and you may find it more difficult to obtain future loans or even to find appropriate rental housing.  Also, potential employers can look at the federal records and see if you have filed for bankruptcy.

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Report a Car Accident in Massachusetts

If you were involved in a motor vehicle accident in Massachusetts, you may be required to file a Motor Vehicle Crash Operator Report form with the RMV if any of the following occurred: Someone was injured A person was killed The accident resulted in property damage of more than $1,000 to any involved vehicle or to any other property The form can be found at Mass.gov and is required to be filed within 5-days of the accident although the time is extended if you were incapacitated.  Should you be the one filing the report, you must also file it with the police department that investigated your accident or was within the jurisdiction where it occurred.  At Burns & Jain, we recommend that you have your attorney file this report.    In the event you were the vehicle’s operator but not the owner and were incapacitated in the accident, then the vehicle owner must file the report within the 5 day period.  If the accident was a hit-and-run, file a report with the appropriate police department, which is obligated to accept the report even if the property damage was below $1000.  Again, at Burns & Jain, we recommend that you have your attorney file this report.    Failure to file a report can result in the RMV suspending your license.  If you were injured in the accident, retain an experienced car accident attorney who can also file the report on your behalf.  What to Do if Injured in a Motor Vehicle Accident Getting injured in an auto accident can mean being incapacitated for a time with time lost from work, incurring thousands of dollars in medical expenses, and possibly a permanent impairment or disfigurement.  If your accident was caused by the negligent action of another party, then you may be entitled to certain compensation for the damages you suffered.  There are certain steps to take to protect your right to compensation and avoid any missteps that may jeopardize your claim: If you or your vehicle is impeding traffic and presents a danger to you, then move your vehicle to a safe location off the roadway Check for injuries to any passengers Immediately call 911 if there are injuries  Exchange information with the other involved driver if possible or wait for police to arrive if unable to do so Do not discuss how the accident occurred with anyone other than with police, do not engage in any argument with the other party, and do not admit to possible liability If injured at all, do not refuse medical attention. Your body may be in slight shock and your symptoms masked by the adrenaline generated by the collision. Failure to get treatment until days later might seriously jeopardize your claim for injuries Take photos of the accident scene and damage to all involved vehicles Get contact information from any witnesses Contact your own insurer who may require you to make a statement about the accident and any injuries you sustained, but do not give any statement to the other driver’s insurer or representative File the Motor Vehicle Crash Operator Report form with the RMV and with the police department that was on the scene or is the department in that jurisdiction where the accident occurred Consult with and retain an experienced car accident attorney If police were on the scene, then you can obtain a traffic accident report from them that typically costs $20. This report is only available to persons involved in the accident or to your representative such as your car accident attorney who can also obtain it for you. The report contains valuable…

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How Many People Die From Distracted Driving in Massachusetts?

Distracted driving accidents and deaths have reached epidemic proportions in Massachusetts and other states.  Only drunk driving poses a greater risk to other motorists as well as to pedestrians, cyclists, and those using scooters, mopeds, or E-bikes since impaired drivers are generally more reckless and drive at higher speeds though it is not uncommon for a distracted driver to lose control at a high rate of speed. 

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How Does Uninsured Insurance Work After a Hit and Run in Massachusetts?

Hit-and-run accidents in Massachusetts are frustrating for the injured parties who are understandably upset over drivers who failed to stop at the accident scene and to take responsibility for their negligent conduct.  Under Massachusetts law, any motorist involved in an accident with another auto is required to stop and exchange information with the other party that includes your name, address and vehicle registration as well as proof of insurance coverage.

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Can You Settle an Injury Claim in Massachusetts Without an Attorney?

If you were injured in a car accident, it is tempting to try and settle a claim against the at-fault driver’s insurer on your own. After all, a car accident attorney will typically charge a contingency fee of at least 33% of any settlement and often 40% if it’s a premises liability case.  So, can you settle an injury claim on your own and what do you risk if you do not retain a car accident attorney?

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