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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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Safety Tips in Massachusetts to Avoid Being Pinned Between Equipment

Working construction is among the most dangerous occupations in America with Massachusetts being no safer than other states. Workers are constantly exposed to negligent conduct by subcontractors operating heavy equipment, by falling objects, a failure to install guardrails and other safety measures, lack of proper training, and absence of proper signage among other safeguards that can minimize or even eliminate many risks.

What Are Motions in Limine in Massachusetts?

Many Massachusetts personal injury cases are won in the pretrial phase or during discovery where the parties exchange what information they have regarding their clients or their interests and are able to question the involved parties and percipient witnesses and those retained as experts. One of the tools used by a personal injury attorney during the time before trial is a motion in limine.

How Long Do You Have to File a Claim in Massachusetts?

If you were injured in an accident in Massachusetts by the negligent or intentional conduct of another person or entity, you have a right to bring a claim for compensation. However, there are time limits on how much time you have to file your claim in court depending on the nature of the injury, the location or where you were injured, if you are a minor, and whether you were even aware of your injury. These time limits are governed by the relevant statute of limitations that pertains to your particular injury.

What to Do After a Car Accident in Massachusetts

If you drive for any appreciable amount of time in Massachusetts or elsewhere, it is almost inevitable that you will be involved in a car accident, whether it was caused by yourself or by the negligent driving of another motorist. And, if you suffered any injuries in the accident, it is important that you follow certain steps so as to preserve your right to claim compensation for your injuries.

Getting Your Medical Records in Massachusetts

In any personal injury claim, obtaining your medical records is essential to proving that you were indeed injured and have medical expenses. A negligence action has certain elements to it that requires that any claimant prove the following by the standard of proof by a preponderance of the evidence:

Massachusetts Distracted Driving Accidents

Distracted driving in Massachusetts is a major factor in serious and fatal car accidents. Although we generally associate distracted driving with use of a cell phone, the definition offered by the National Highway Traffic Safety Administration (NHTSA) states that distracted driving is:

Is Brake Checking Illegal in Massachusetts?

Have you ever been frustrated by a slow moving vehicle in front of you whose driver was constantly hitting the brakes, or found yourself held liable when the motorist ahead of you suddenly slammed on the brakes for no apparent reason and you rear-ended that vehicle? If so, that motorist might have been engaged in illegal brake checking.

Bad Faith Insurance Claims in Massachusetts 2023

An insurer has a contractual relationship with its insureds and to claimants that obligates the insurer to act in good faith. Most insurers do adhere to their obligations but there are occasions when your valid claim is unreasonably declined, payments are delayed, there is a failure to conduct an appropriate investigation, or the insurer otherwise acts unfairly. Should your insurer or the defendant party’s insurer act in bad faith in Massachusetts, you may have a claim against it for bad faith.

Car Accident Pleading in Massachusetts

If you were injured in a car accident and your claim has been rejected by the defendant driver’s insurer or you have received an unsatisfactory offer of settlement, your only other option is to file a lawsuit. A lawsuit starts with the filing of a Complaint, in the appropriate court.

Six Causes of Motorcycle Accidents in Massachusetts

There is no doubt that riding a motorcycle in Massachusetts carries inherent risks. Riders are exposed to the elements such as wind, rain and fog as well as poorly maintained roadways that are commonly frequented by intoxicated and inattentive motorists. Any kind of accident where a rider is thrown from a bike has a high probability of the rider sustaining a serious injury.