Burns | Jain - Boston Injury Lawyer Blog

Personal Injury Law Firm Burns & Jain Injury Blog

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.

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Are Personal Injury Settlements Taxable in Massachusetts?

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?

Is Jaywalking Illegal in Massachusetts?

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!

Professional Negligence in Massachusetts

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.

What is a Tort Claim?

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:

Personal Injuries Caused by Scaffold Accidents in Massachusetts

Construction work is one of the most hazardous occupations in the U.S. Workers are exposed daily to hazards such as falling objects, electrocution, toxic chemicals, negligent driving of vehicles, and defective equipment. A particular hazard in Massachusetts construction work is from scaffolds.

Is Weed Legal in Massachusetts?

The purchase, possession and use of recreational and medical marijuana possession in limited amounts along with purchasing certain accessories have been legal in Massachusetts since 2014. Medical marijuana has been legal in the state since 2016, when it became the first East Coast state to legalize it for this limited purpose.

Steps of a Personal Injury Case

A frequent question asked of personal injury attorneys by clients is how long their case will take until settlement or resolution lawyer can give a definitive answer as settlements, which is how the majority of cases end, or the path to trial can take months or even years. In Massachusetts, accident victims have 3-years in which to file a claim in court. During this 3-year period, attorneys work to build up your claim and present it to either the defendant’s insurer or to an entity if self-insured.

Can I Dispute a Police Report for a Car Accident in Massachusetts?

An accident or police report can be a vital tool in a personal injury accident claim since it contains information from what we assume is an unbiased source and from someone trained in investigating traffic accidents. Following a motor vehicle injury accident, the investigating officer on the scene will prepare the report that you can request from the reporting police department for a fee of around $20. It typically takes from 2-4 weeks for the report to be prepared and sent to you.

How is Pain and Suffering Calculated in Massachusetts Claims?

A very essential element in any personal injury accident claim is damages. As a claimant or plaintiff, you or your car accident attorney have the burden of proving liability, causation, and the amount of damages you are claiming by the standard of a preponderance of the evidence.

How Much Can You Sue For in a Dog Bite Claim?

Dog bite cases may seem uncommon but the Centers for Disease reports that there are around 4.5 million cases per year in the U.S. resulting in approximately 800,000 injuries requiring medical treatment. But unlike having to prove negligence in a motor vehicle accident claim, Massachusetts law imposes strict liability on dog owners for any injuries their animal causes.