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.
The Massachusetts State Police found a single car on the wrong side of the Route 95 on August 10, 2011. The vehicle had been travelling south, had crossed the northbound lanes, and came to rest by the woods. Notwithstanding CPR and other emergency medical efforts, Mr. Phan, the driver and only occupant, was pronounced dead by the time he reached the Beverly Hospital.
Read MoreThe Massachusetts Department of Transportation published its updated crash report, which includes all reported motor vehicle and pedestrian accidents through 2011. The data is interesting in several respects. The ranking is a matching of property damage reported and injuries reported. It is a “first brush tool to evaluate top crash intersection locations” so as to improve safety.
Read MoreFormer Patriots tight end Aaron Hernandez, who is sitting in Bristol County prison in North Dartmouth awaiting trial on a murder charge, has just been hit with two civil wrongful death cases for an unrelated matter. There have not been any criminal charges filed against Mr. Hernandez associated with these wrongful deaths. It is understood that the District Attorney’s office is investigating and that a Grand Jury has been convened.
Read MoreOf course, you can always fire or disengage your attorney. But first, it is critical to sit down and meet with him or her. There may be a communication issue that is easy to resolve. Potential clients often come to us with this question, and, upon review, their lawyer has been doing a fantastic job advancing the client’s interests. Unfortunately, the lawyer is simply not communicating what he or she has been doing, or why they are doing it. As a result, the client does not know that, in fact, he or she is being adequately represented.
Read MoreIn Massachusetts, clients who are defrauded by their attorneys can apply the Massachusetts Clients’ Security Board for compensation. This is different from legal negligence, otherwise known as legal malpractice claims. 2013 was a record year for awards to victims of attorney fraud for the self funded MCSB which received over one hundred claims.
Read MorePersonal injury attorneys enter into settlement negotiations with insurance defense trial attorneys all the time. When an experienced personal injury attorney has enough information to make a serious settlement demand, he or she presents the information to the insurance company. The conversations, or correspondence, are on behalf on behalf of their respective clients. The law has always been clear that none of the conversations, correspondence or even the fact that there has been communication, would be allowed into evidence. The jury hears the facts of the case, and not the respective sides’ positions on the case. It’s a simple “rule of evidence.”
Read MoreMs. Gallant had a personal injury case. The value was $20,000. Perhaps this was because of the liability limits coverage by an automotive insurance company. Gallant hired Attorney Joseph Cariglia, of Worcester, to represent her. At some point Gallant discharged Cariglia and hired another attorney. That second attorney settled the case for Gallant.
Read MoreCan someone injured by the negligence of a motorcycle driver sue the seller of the motorcycle for his injuries? This was the question recently addressed by the Massachusetts Appeals Court in a decision that came down this month. According to the decision, Red Streak (company), Beverly Fox and Dobay owned a motorcycle. They intended to transferred title, or sell the motorcycle, to Ms. Rice. Jayne Rice, the new owner, allowed Mr. Foster to use her motorcycle. Foster negligently crashed the motorcycle into Timothy O’Leary, who was also operating a motorcycle. At the time of the collision, the Rice motorcycle was unregistered and uninsured.
Read MoreA Guest Post from our friend Deborah Nelson at Nelson Boyd, PLLC Although we would like to be able to help everyone who contacts us, unfortunately, we just can’t. The following are several reasons why an attorney may not be able to help you and suggestions for how to avoid having an attorney turn down your case:
Read MoreA car accident in Canton last week resulted in a wrongful death and illustrates several safety lessons for us all. According to police reports, two teenagers were driving home on a rainy night through a busy street in Canton. The passenger was texting on his phone – not illegal, or even wrong, but not helpful to a young driver trying to navigate the dark streets with lots of traffic. The driver, 19, had a concerning driving history.
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