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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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Danger of Delaying Medical Care After Car Accident

Boston residents are injured in car accidents that happen in Massachusetts every day. Following a car accident in Boston, you should report the accident to your insurance company and file an operator’s report. And if you are injured in a Boston car accident, you should seek immediate medical attention for your personal injuries. The attorneys at the Boston Law Office of Neil Burns can help you file a claim and maximize your recovery if you are injured in an accident through no fault of your own.

The Risk in Representing Yourself

There are many attorneys in Boston. But sometimes, in lieu of consulting and hiring an experienced attorney, many Massachusetts residents try to navigate the Massachusetts court system on their own. The attorneys at the Boston Law Office of Neil Burns know that this is often a mistake. Trying to represent yourself, whether in court or when dealing with insurance companies, for example, in negotiating personal injury settlements, can be tricky; worse yet, your claim may not survive.

New Massachusetts Law for Small Claims Cases Raises Jurisdiction Limit to $7,000

We often encourage clients to file their consumer cases in Small Claims Court. This is relatively easy in the local district courts and trials are quick. For many years, however, the limit for damages that could be claimed was $2,000. The exception was for property damage to motor vehicles. Now, in the Economic Development Bill, the legislature has raised the small claims damages limit to $7,000.

The Cost of Medical Bills at Trial

The Massachusetts Supreme Judicial Court, sitting in Boston, Massachusetts, has had a busy week handing down significant case law. The Law Office of Neil Burns reported earlier regarding slip and fall injuries on ice and snow, and the change in the law in evaluating those cases. Also this week, the Court changed how the medical bills of a personal injury plaintiff, someone injured a car accident, for example, are submitted into evidence at trial. In a significant ruling, the Supreme Judicial Court came down against personal injury plaintiffs in proving damages. In a typical trial, the plaintiff gets his medical bills certified and they are presented to the jury a proof of the costs of medical care. This is pursuant to Massachusetts General Laws, Chapter 233, Section 79G. However, medical bills are usually negotiated by the insurance carrier, such as Harvard Vanguard or Blue Cross, so that the insurance carrier only pays a portion of the bill. This does not typically happen with PIP; Personal Injury Protection insurance from your motor vehicle insurance company.

Massachusetts State Troopers Try to Improve Safety

Massachusetts has recently seen a rash of Boston area car accidents involving Massachusetts State Police officers. Thus, the State Police Association of Massachusetts — the troopers’ union — is calling for action: they want more personnel on major highways during peak hours, primarily Friday and Saturday nights. The attorneys at the Boston Law Office of Neil Burns want all Boston and Massachusetts residents to drive with caution as we see firsthand the results of personal injuries resulting from car accidents and those injured in car accidents. Recently, a Massachusetts state trooper was recently killed in Mansfield, Massachusetts and two more state troopers were injured during car accidents in Cambridge, Massachusetts and Taunton, Massachusetts. These crashes are thus increasing road, traffic, and automobile safety concerns in recent weeks and prompting Massachusetts to take action.

Bicycle Helmet Safety

Boston area residents should be role models when it comes to bicycle safety. Massachusetts General Laws, Chapter 85: Section 11B, requires all persons 16 and under to wear an approved bicycle helmet while operating their bike on any public way in Massachusetts. The Law says nothing regarding adults and those over 16, however. The Boston Law Office of Neil Burns represents individuals injured in bicycle accidents and knows the importance of wearing a helmet in promoting bicycle safety.

New Slip and Fall Injury Law

Just today, the Massachusetts Supreme Judicial Court, sitting in Boston, has handed down new law regarding slip and fall injuries involving snow and ice. It used to be that the duty of care owed by landowners to lawful visitors on their property did not include any obligation to remove snow and ice that had accumulated naturally. Now, however, that has changed. The attorneys at the Boston Law Office of Neil Burns know the importance of staying up-to-date and current regarding applicable laws affecting our clients.

Massachusetts Employers Not Responsible for Drunk Worker, Court Says

In a case handed down by the Massachusetts Supreme Judicial Court, the Court took employers off the hook for the responsibility of their employees while off site. Essentially, the Court said that in the “comings and goings” of an employee, the employer is not responsible. We see many such cases: there is insufficient motor vehicle insurance, so the injured party needs to file a claim against third parties. The case involved a pedestrian injured by a driver who had been drinking with his boss prior to driving home. The driver was convicted of driving under the influence of alcohol.

Massachusetts Employee Barred From Suing Employer

A case recently decided in Boston and upheld by the First U.S. Circuit Court of Appeals found no merit in an employee’s personal injury lawsuit, where claim she should be able to sue her employer because at the time of her injury she was working for a wholly-owned subsidiary of her employer. The Boston attorneys at the Law Office of Neil Burns have successfully resolved cases for employees injured at work through no fault of their when liability rests with a party other than the employer. We can evaluate your work injury claim to determine if this option is available to you.

Massachusetts Small Claims Court For Property Damage

Boston automobile drivers face many tough road conditions while driving in Massachusetts. If your car is damaged in an automobile accident because of someone else’s negligence, first try to work things out with your automobile insurance company. But if you cannot get the relief you seek or feel you are entitled to, then you may consider bringing your property damage (or car accident damage) claim before the Massachusetts small claims court.