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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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Delayed Massachusetts Slip and Fall Claim

In the Boston suburb of Salem, Massachusetts, a jury recently decided that a plaintiff who slipped and fell in a parking lot while going to Dunkin’ Donuts was not entitled to money damages.

Choosing Massachusetts Automobile Insurance

Boston residents should choose their Massachusetts car insurance carefully. “There is more to choosing car insurance than just the cost,” says Boston car accident attorney Neil Burns, “you must also conisder who you are protecting in case of a car accident.” Take the recent case of Wagenmaker v. Amica Mutual Insurance Co. (Lawyers Weekly No. 01-079-10) (3 pages) (Per Curiam) (1st Cirtcuit). In that case, the passenger in a vehicle was involved in accident when the car she was travelling in was struck by an unidentified vehicle. This type of car accident is commonly known as a hit and run.

Massachusetts Attorney Nissenbum Ordered to Return $328,771 in Attorney Fees

Legal malpractice is when an attorney breaches his or her duty to the client causing damages. Overbilling, on the other hand, is often considered the cousin of legal malpractice. In a recent notorious case, Judge Stephen Steinberg of the Probate and Family Court, issued a 33 page detailed decision criticizing Massachusetts attorneys Gerald Nissenbaum and James Vera for billing an estate almost $500,000.

Legal Malpractice in Massachusetts Requires Duty Owed

In a case handed down by the US District Court, legal malpractice actions were clarified. The Court reaffirmed that there must be an attorney client relationship: an “implied” attorney client relationship is not valid, nor is there any “duty” owed to a non client. One of the fundamental aspects to any legal malpractice claim is that the lawyer owed a duty to the client. In the United States District Court decision, the Court held that because the defendant lawyers never owed any “duty” to the plaintiff, they could not be responsible for committing legal malpractice.

Would-Be Massachusetts Tenant Can’t Sue Landlord For Fall Down Stairs

A Massachusetts woman interested in renting an apartment near Boston, scheduled an appointment to visit the building. When she arrived, she walked to the back of the building to find the defendant and the unit she was interested in renting. She then fell down an unguarded stairway and was injured, suffering personal injuries. The women sued the building owner, and according to the lawsuit, she claimed the stairway violated Massachusetts state building code. “It is important to note,” says Boston personal injury attorney Thiadora Pina, “that the woman can still sue the landlord for her fall down the stairs and subsequent injuries. According to this decision, however, her cause of action, or what she can sue under, is now limitied.”

Cape Verdean Passover Seder in Boston

The fifth annual Cape Verdean-Jewish Seder was held at the St. Patrick’s Church in Roxbury, on March 24, 2010 to bring together the two communities. Over 200 included a mix of Jews and Cape Verdeans. Attorney Thiadora A. Pina, an associate at the Law Office of Neil Burns, is Vice President of the Board of Directors for CVC Unido – Cape Verdean Community Unity, and was an organizer of the community event. The Cape Verdean Consulate General was the guest speaker.

Massachusetts Bay Transportation Authority Accident Rates

Located in Boston, the Massachusetts Bay Transportation Authority announced that MBTA bus drivers are actually safer than many motorists. But Boston injury attorney Thiadora Pina notes that “even though MBTA bus drivers are being more cautious, accidents still happen and people are still get injured.” According to the press release, the MBTA averaged 1.3 bus accidents for every hundred thousand miles last year, which represents a drop of more than 25% from 2007.

Whiplash After Auto Accidents in Massachusetts

Boston attorney Neil Burns has handled hundreds of car accident cases for Massachusetts residents, including those clients who suffered neck or whiplash injuries. According to iemc2005.org, many neck injuries, including whiplash, are the result of rear end collisions.

Dorchester Hair Salon Owes $500,000.00 for Bad Weave

A Boston hair salon known as Kay’s, located on Blue Hill Avenue in Dorchester, Massachusetts, now owes a Brockton women $500,000.00 after the Appellate Division Court upheld the jury’s 2009 award. Boston personal injury attorney noted that negligence claims such as these, often tried at the District Court level, are then appealed when one side has a legal disagreement with the verdict, such as this case.

Massachusetts Ranked 44th in State Safety Study

In the Boston suburb of Lowell, Massachusetts, a University of Massachusetts study has found a link between the number of certain kinds of freedoms that states allow and the rate of deaths by unintentional injury or accidents. Boston injury attorney Thiadora Pina notes that the Law office of Neil Burns promotes safety concerns and issues because “following safe practices is a fundamental component of injury to law. We look to the unsafe condition when a case involves personal injury.”