We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
If you were injured in a car accident and your claim has been rejected by the defendant driver’s insurer or you have received an unsatisfactory offer of settlement, your only other option is to file a lawsuit. A lawsuit starts with the filing of a Complaint, in the appropriate court.
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There is no doubt that riding a motorcycle in Massachusetts carries inherent risks. Riders are exposed to the elements such as wind, rain and fog as well as poorly maintained roadways that are commonly frequented by intoxicated and inattentive motorists. Any kind of accident where a rider is thrown from a bike has a high probability of the rider sustaining a serious injury.
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Premises liability is an area of tort/personal injury law that obligates property owners to keep their land, business, or property safe and free from hazards that could pose a risk of injury to those lawfully on their property. Those who have a duty of care toward these persons may include not only the property owner, but a tenant in a leased apartment or home, a government entity, building manager, or a contractor working on the property. The property may be a house, an apartment, restaurant, bar, mall, sidewalk, farm, sports arena, city park, amusement park, theater, hotel or motel, library, grocery store, retail store, and government building.
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Everyone is a pedestrian at some point and cities and towns usually try to keep their residents safe from inattentive or reckless motorists while out walking or bicycling. As a pedestrian, you have little chance of escaping serious injury or a fatal injury when struck by a motor vehicle. Although many municipalities have taken steps to protect pedestrians, the number of pedestrian deaths in Massachusetts and across the nation are on the increase.
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If you are in an accident and live in one of the 12 no-fault states, such as Massachusetts, paying for your medical expenses, lost earnings, and being able to bring a claim against the responsible motorist differs from those states that are at-fault or tort liability states. Being in a no-fault state generally means that you are at least initially responsible for paying your own medical expenses and other economic losses resulting from the accident regardless of who is at fault for the collision. And, if you wish to bring an injury claim against the responsible driver, you must first meet certain threshold requirements.
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While driving a car is not generally considered inherently risky, there are still far too many car accidents in Massachusetts including those that result in fatal injuries. In 2021, the most recently published year for car accident fatalities, our state experienced 413 fatal car crashes, an increase of more than 20% than in the prior year.
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You have just received a substantial settlement for your personal injury claim that includes medical expenses, future medical expenses, wage loss, property damage to your vehicle, emotional distress, and pain and suffering. However, you are concerned that the compensation you received will be heavily taxed by Massachusetts and federal tax authorities. So, will the compensation you just recovered be subject to taxes that could substantially decrease what you rightly deserved for suffering a serious injury?
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Jaywalking is a common occurrence in Massachusetts, especially Boston, and everywhere else where there are streets and pedestrians. You are jaywalking if you cross the street at an intersection against a green light or Do Not Walk signal, or in the middle of the street where there is no marked crosswalk. It is illegal though the fines are minimal and hardly offer any incentive to not break the law other than placing yourself in peril of being struck by a motor vehicle. And the law for jaywalking is rarely enforced!
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Professional malpractice in Massachusetts concerns the failure of a person who has held him or herself as a professional in a certain field to abide by or adhere to certain standards of competence and ethical conduct in that industry. And, if you suffered harm as a result, usually economic in nature, then you may have a substantial claim for compensation.
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A tort is an civil (not criminal) injury to an individual that was caused by another individual or by the acts or omissions of an entity such as a business or a municipality. It can be an intentional act such as an assault or an unintentional that involves negligence so long as the person or entity that caused the injury owed a duty of care to the injured person. Examples of tort claims that an individual may bring are:
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