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.
Personal Injury Protection Insurance is a part of most motor vehicle policies in Massachusetts. We have written extensively about it on our website and this blog. PIP insurance provides up to $8,000 in medical bill payments and/or a percentage of lost earnings. This is a no-fault policy; that is, you get the benefits regardless of who was at fault in the collision.
Read MoreThe Boston Marathon has been a symbol of the independent culture and spirit of New England for as long as anyone can remember. Folks come from all over the region, the country and the world to participate. Most athletes train for months for this one single event and run competing only with themselves. And thousands of folks from all over the world turn out to cheer them on; it’s a celebration of Boston, of spring, and of the spirit of the Patriots. Yesterday the 117th Boston Marathon started out to be a spectacular day.
Read MoreThe news about Boston taxis is big these days. Apparently there are over 14 million taxi fares each year, with one quarter of a billion dollars in fares in Boston alone. And we pay some of the highest rates for service in the country. As a Boston motor vehicle lawyer, we hear about the collisions; and with taxis, there are a lot. And the taxis have insufficient insurance.
Read MoreWe have represented many clients who were struck by a motor vehicle, or a bicycle, in a crosswalk. “I had the right of way, didn’t I?” they say. You may have had legal permission to go, but to be safe you still need to look because crosswalks are notorious for motor vehicle pedestrian collisions.
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The quick answer is no. But read on as there are instances in which you may have to pay taxes on a personal injury case. The Internal Revenue Code, Section 104(a)(2) exempts “income” awards from personal injury and physical sickness awards. However, it is the substance of the transaction, not the form, or paperwork, that determines whether a settlement or jury verdict is taxable under the law and regulations. The test is the origin of the claim, or, as the Court in a 1944 case stated, “In lieu of what were the damages awarded?”
Read MoreMost vehicles in Massachusetts have Personal Injury Protection (PIP) insurance. Massachusetts General Laws, Chapter 90, Section 34M is the PIP or no fault law. PIP applies to the owner of the vehicle and the legal occupants in the vehicle. Your vehicle policy will also apply to you and your family if you are injured in a vehicle that does not have PIP coverage. Your household vehicle policy also includes you if you are a pedestrian.
Read MoreMany victims of personal injury are in need of monies to help run their lives while they miss work, and their medical bills start piling up. While an experienced and effective personal injury attorney will get them the best settlement or judgment that takes time. Even the best cases, with what seems like sure victory, it can take years. What can you do in the mean time? One answer is to take loans from third parties who specialize in financing lawsuits. This can be legal. However, there are many pitfalls as well.
Read MoreVictims of personal injuries in outdoor recreational activities often find themselves excluded from premises liability protection even when the owner of the land is clearly negligent. How can this be? The Recreation Use Statute, which has long been a part of Massachusetts law, is the answer. That law says that anyone who allows people to come upon their land, without charge, for “recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes” is except from liability. Except for willful, wanton or reckless action.
Read MoreWhen a woman slipped and fell at a Target store, a federal judge determined that she did not present sufficient facts to allow her case to be decided by a jury. Wherefore, the judge dismissed the case following a motion by Target for Summary Judgment. According to an opinion by Judge Ponzer, of the United States District Court in Springfield, Ms. Clairmont was walking down an aisle in a Target store. She had food items in both hands. Ms. Clairmont asserts that suddenly and without warning she was “propelled with great force by a change in the surface” causing her to fall and suffer an injury to her head and shoulder.
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Legal Malpractice Cases for Real Estate now Surpasses Personal Injury According to an American Bar Association study, real estate has surpassed personal injury as the largest source of legal malpractice claims. This may be a result of the fallout from the 2008 real estate market crisis and the vast number of “failed real estate transactions” following the crash. This 2008-2011 study of over 53,000 legal malpractice claims showed a changed trend since the studies began in 1985. It is worth noting that the damages paid to plaintiffs were higher, on average, then in previous years. A good example of real estate legal malpractice litigation is the Burns & Levinson case, below.<
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