Construction Accidents

In Massachusetts, the DIA or Department of Industrial Accidents oversees workers’ compensation claims from Construction Accidents. OSHA, the U.S. Department of Labor, Occupational, Health and Safety Administration, has Safety and Health Regulations for Construction that specifically cover construction site safety.

Likewise, Massachusetts Code Law contains construction site safety codes in certain sections of the Code of Massachusetts Regulations, in the State Building Code and State Sanitary Code. In Massachusetts, safety statutes, regulations and contractual terms usually dictate acceptable conduct on the construction site.

Under federal and Massachusetts safety regulations, the general contractor cannot delegate safety obligations on the job site to another entity, for example under contract with a safety consultant or other subcontractor.

This is why general contractors are named as defendants unless the worker was an employee of the general contractor. [Read more…]

Personal Injury: Massachusetts Laws Regarding Bicyclist

Every year there are thousands of bicycle accidents in Massachusetts and many involve serious personal injury. Bicycle riding has become a mainstream form of transportation and as more and more people take their cycling to the busy streets of Massachusetts more accidents are bound to occur. For overall safety, it is important to understand the law as it pertains to bicycling in Massachusetts. We’ve provided a summary of Chapter 85, Section 11B of the General Laws of the Commonwealth which details what you need to know if you’re a cyclist.

Overview of MGL Chapter 85, Section 11B
With the exception of highways where signs prohibit bike riding, you are allowed to ride on any public street, road or bikeway. Unless prohibited by local law, riding on sidewalks outside of business districts is allowed. You may pass cars on the right. There is no limit to the number of lights or reflectors you have on your bike. Recognized bicycle associations having permission from representative law enforcement may hold a bike race on any public road or street. You may also establish special race regulations with prior approval. [Read more…]

Personal Injury Caused By A Dog Attack

Massachusetts animal attack laws, including dogs, state that if an animal causes bodily injury or injury to property, the owner or guardian of the owner, should they be a minor, is deemed responsible. The exception to the rule states that if the attacked occurred in response to the victim taunting, teasing, or abusing the animal, or while the victim was unlawfully trying to enter the animal owner’s property, than the owner may not be held accountable for the animal’s actions.

Building Your Case

  • Seek medical attention. This is done for two reasons; one is that animal bites are prone to infection even if they seem minor. In addition, it is important to have medical documentation to support your claim of injury.
  • Try to establish ownership of the animal. In order to file a claim, a negligent party must be identified. Identifying the owner of the animal is imperative to your case.
  • Document the events surrounding the attack. Write down a detailed account of the events that led to the attack. If possible, take photographs of clothing and wounds.
  • Seek legal counsel. Personal injury lawyers can help you build a solid case for your claim. In animal attack situations, determining and proving negligence on the part of the animal owner is key. Animal attack laws can be tough to sort through on your own. Be sure to retain a personal injury lawyer who has a strong focus on Massachusetts animal attack litigation.

Dog attacks can range from minor to severe enough the victim needs multiple surgeries to make a full recovery. Compensation can include but is not limited to medical cost coverage, lost wages, property damage, and emotional distress. If you or a loved one has been injured in a dog attack, we invite you to contact us for free case evaluation.

Slip, Trips, Falls: What is Premises liability?

If you’ve slipped, tripped, fallen or been injured in any way while on someone else’s property, you should know about your legal rights. You may be able to pursue a premises liability case against the owner or other parties.

What is premises liability? Massachusetts statutes require property owners to use a “…a reasonable standard of care..” when it comes to protecting lawful visitors from injury on their premises. Failure to do so may render the owner legally liable for any resultant injuries on their premises.

A “lawful visitor”

If you were on someone’s premises as an invited guest; or you were under a reasonable assumption that you were permitted on the premises– such as a mailman delivering the mail– you were a lawful visitor. If you were on a business premises as a customer, supplier, or in any other legitimate capacity related to the business, you were considered lawful. [Read more…]

Dealing with Filing, Settlement and Massachusetts Laws for an Auto Accident Claim

Posted by Attorney Stephen Morte

The auto accidents insurance claim process in Massachusetts has some state laws that can add certain protections to accident claims with injuries. Nevertheless, standard procedures are still there in how an insurance company generally deals with your accident, including during the investigation phase.

Investigation After Filing

Once you’ve filed an injury claim (which can be done online), your insurance company will first look to see if your accident is coverable based on your policy. They’ll also ask you for a copy of the police report so an investigation can start on who was to blame and who wasn’t. That usually involves contacting the other driver and interviewing them. As well, if there were any witnesses to the accident, they’ll also be interviewed.

The investigation phase can take considerable time, because the insurance company needs to study the evidence to make a judgement. With injuries, you’ll also need to sign a medical release so they can determine whether the medical bills for your injuries will be covered. It helps if you contact your medical providers so they can provide more extensive details on your medical issues and expenses. [Read more…]

Massachusetts Personal Injury Claims: What You Need to Know

When you are injured in an accident, the pain and stress of dealing with your injury can be overwhelming. But you do not have to go it alone. A personal injury claim can help you receive compensation for medical bills, lost wages, and emotional trauma.

What is a personal injury claim?

A personal injury claim is a civil lawsuit which alleges that your injury was caused by the negligence of another. It is not used for damaged property, or in cases when the defendant had the intent to injure. Most personal injury claims are the result of car accidents, work related accidents, trips and falls, and product malfunction accidents.

What do I need to do?

If you would like to file a personal injury claim, it is highly recommended that you first engage the services of an attorney. An attorney will be well-versed in state law and will research all the pertinent facts of your case. When you are injured it can be difficult to keep track of the legal process, and having an attorney will ease your mind. Note: In Massachusetts you have 3 years from the date of the injury to file a personal injury claim. If you do not file within this time you will lose your right to do so at any time in the future. [Read more…]

Slip and Fall Injury in Framingham – $175,253

A thirty-eight year old man living in Framingham, Massachusetts was injured on December 31, 2008 when he slipped and fractured his right ankle. The plaintiff incurred $23,268.03 in medical expenses and was out of work for approximately seven months.

The plaintiff recovered a judgment in the Superior Court this year awarding him $175,253.62.

Emergency room physician didn’t treat my broken leg properly, now I have numbness.

Additional Information:

I broke my leg playing soccer. Was told it was an acute fracture and simple to treat with minimal complications.  I now have permanent numbness in my dominant leg and cannot play soccer.  I live in Marlborough and was treated in Boston hospital emergency room by an experienced doctor.  Can I sue for medical malpractice?

ATTORNEY ANSWER:

If your doctor failed to recognize and treat your injury properly then you would have a case for medical malpractice. These case can be very complex with issues only an expert can recognize. Often medical malpractice cases involve review of medical records by experts and testimony by doctors regarding the breach of the standard of care. It is important to speak with a lawyer who works in the area of medical malpractice.  [Read more…]

Statute of limitations in MA and do I have a medical malpractice case?

Additional Information:
I had been having abdominal pain since delivering my son by c-section. My Framingham primary care physician ordered an MRI and discovered something metal in my body. Can I sue my OB/GYN doctor for medical malpractice? Have not had any other surgery besides the c-section. Is there a statute of limitations in MA or can I still sue because I just discovered it?

ATTORNEY ANSWER:

In order for you to be successful in a medical malpractice case you must prove essentially three items; first, that your doctor was negligent in the care that he provided to you; second that you suffered damages : third that the damages that you suffered were related to the negligence. If your primary care physician left an instrument in your body, that certainly would be considered negligence and you would be allowed to recover for all damages that flowed from that negligence. There is a three year statute of limitations that runs from the date that you knew or should have known about the negligence. Please contact an experienced lawyer who works with these cases. [Read more…]

Victims of Milford MA Motor Vehicle Accident Receives $200,000.00

A Massachusetts man and his Rhode Island passenger received the full policy limits after they were both injured in a motor vehicle accident that occurred during a snow storm in Milford, Massachusetts.  The plaintiffs claimed that the defendant was operating his motor vehicle negligently and at an unsafe speed causing him to lose control and crash into their vehicle.  The injuries were significant resulting in the plaintiffs receiving all available amounts under defendant’s policy.