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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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.

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?

How Do You Know if You Have a Concussion?

One of the most serious injuries from a car accident in Massachusetts is a traumatic brain injury (TBI) that includes a concussion. Estimates are that some 2 million people suffer from traumatic brain injuries each year from car accidents, sports incidents, and other personal injuries although traffic accidents are the leading cause.

What is Jaywalking?

Jaywalking is as common in Massachusetts as talking on your smartphone while driving or not coming to a full stop at a stop sign. All of these activities are illegal, but enforcement is somewhat random and generally does not come into play until an accident has occurred.

The Consequences of Fleeing an Accident Scene

Leaving the scene of an accident can lead to serious consequences, especially if someone sustained fatal injuries or was seriously injured. In Massachusetts, as in all other states, you are obligated under law to stop and to do the following:

Is It Illegal to Drive Barefoot?

Contrary to many people’s perceptions or alleged knowledge, it is not illegal to drive a vehicle while barefoot in Massachusetts or in any other state. After a day at the beach or swimming, you might find it inconvenient or a nuisance to put your shoes back on but be aware that safety experts caution against driving any vehicle without appropriate footwear.

How Many People Are Killed from Texting and Driving?

It is no secret that distracted driving is dangerous and can lead to tragic results. In Massachusetts and across the nation, there are several thousand traffic deaths attributed to distracted driving each year, many from unsafe use of smartphones. Other types of distracted driving that have led to deaths include grooming, eating, reading, talking to passengers, or using the radio or entertainment system in the vehicle.