Additional Information:

I slipped and fell in the bathroom of local Southboro coffee shop.  There was a puddle of water, and as a result of the fall, I have 2 hairline fractures, one in my hip and one in my shoulder. I had someone take pictures of the pipes and plumbing where there was clearly a leak that likely caused the puddle.  There was no “caution/ wet floor” sign and there was one witness.  Do I have a personal injury case?

ATTORNEY ANSWER:

Slip and fall cases are sometimes difficult cases to prove in Massachusetts. It would be necessary to prove that the coffee shop caused the spill to occur or failed to take reasonable steps to correct a dangerous situation once they were aware of the situation. Based on what you have provided, it appears that the coffee shop should be responsible for your injuries.  [Read more...]

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I was in an auto accident on Route 20 near Marlborough. A commercial truck of a Boston based company blew through a red light and crashed into my car.  I suffered a neck injury in the accident.  I got the name of the driver and the insurance information.  Who is liable- the driver? the company or both? I already went to the doctor and am seeking representation from an auto accident lawyer.

ATTORNEY ANSWER:

Both the operator and the company would be liable for your damages if the operator was operating with knowledge of the company and for the company. Ordinarily the company would have insurance that would name both the company and provide for coverage of employees working for the company.  [Read more...]

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I was visiting my grandmother at her Southboro apartment and slipped and fell and broke my right (dominant) wrist. She had reported a broken, leaking sprinkler head a few days earlier to the condo manager,  but it had not been repaired and there had been freezing temperatures overnight.   I’ve had about $10,000 in out-of-pocket expenses and my doctor says I will require another surgery because of continuing numbness and pain in my wrist, hand and arm. The insurance company for the apartment building has been in contact with me and has paid me $5,000 (their medical coverage). They indicated that they would be “working with me toward a settlement”.  Do I need a slip and fall attorney? Can I expect to recover enough money to cover the medical expenses?

ATTORNEY ANSWER:

Without question you should hire an attorney who can help you evaluate and win the settlement that you deserve. Remember insurance companies are in the business of making money for their stockholders. The less that they pay you the better for them. Only through having an experienced personal injury attorney evaluate and help you with your case will you achieve the value of your case.  [Read more...]

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I tripped and fell in my apartment building in Westboro.  I was going to the basement common area where there is a laundry room.  The railing on the stairs have been broken for months.  I had notified the landlord that the railing was broken but still he did not fix it and so I fell and broke my arm.  The management company is saying I was contributorily negligent because I was carrying my laundry at the time. I was planning on hiring a trip and fall attorney but was wondering do I even have a case based on what the management company said?

ATTORNEY ANSWER:

It sounds as though you have a very strong case. It appears that based on the information that you provided the landlord clearly knew or should have known that there was a defective condition and failed to take reasonable steps. You would still be able to recover even if you were contributorily negligent (I don’t believe that you were) unless your negligence was greater than the landlord’s.  [Read more...]

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I was in a motor vehicle accident in Boston, likely at fault, and will be sued.  Is my IRA safe in a personal injury lawsuit?

ATTORNEY ANSWER:

Your retirement assets are generally safe from collection. However you should talk to a lawyer about setting up a homestead protection on your home. Also you should have insurance coverage and should immediately report this to your automobile insurance company.

You would be liable if your negligence caused that persons injuries, however you should be covered for this claim under your homeowners insurance policy and as such should report it immediately. [Read more...]

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I was injured pretty seriously in a car accident on a residential street in Massachusetts. I’ve read an article on selecting a lawyer, but I am feeling rushed and confused. I’ve been contacted by someone who I think represents an attorney. She said I should hire an attorney fast. What’s the statute on  limitations to file a personal injury claim?

ATTORNEY ANSWER:
There is generally a three year statute of limitation by which you must file a lawsuit. Depending on where the accident happened and who caused your injury, this could be shorter or longer. The decision to hire a lawyer should not be rushed; you should meet with the lawyer and make certain that he has the experience and background to help you with your particular case.

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If I sue someone because of an injury they caused to my back, can I get my lost wages as damages under MA law?  I’ve missed so many days of work because of severe back problems that resulted from the accident. I’m in the process of finding an attorney, but I was curious about this because it’s really eating into my income (I am out of sick days now).Thanks.

ATTORNEY ANSWER:

Yes you can recover for lost wages or even a loss of earning capacity. This means that you don’t even have to be working at the time of the accident to recover for a loss of potential earnings. The law allows one who has been injured to recover for a loss of earning capacity which would include both past and future lost earnings, past and future medical expenses and pain and suffering. [Read more...]

ATTORNEY ANSWER:

There has been a major and significant change in the law related to snow and ice cases in Massachusetts. Until recently a person who was injured when falling on a natural condition of snow or ice was not allowed to recover against the owner of that property or one who maintained the property. Consequently many who were injured as a result of a dangerous condition involving snow or ice were prevented from recovering for their injuries.

In 2010 Massachusetts courts changed the law by stating ” a property owner’s duty to maintain his property in a reasonably safe conditions extends to remedying conditions caused by even a natural accumulation of snow or ice.” This now means that if a landowner fails to properly maintain their property in a reasonably safe manner and someone is injured as a result of a natural accumulation of snow or ice they can now recover for their injuries.

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My husband was involved in an accident. We are being sued for more than we have on our insurance policy.

ATTORNEY ANSWER:
Absolutely. The first thing that you should do is make certain that you automobile insurance company has a copy of the complaint and will be filling an answer. After you do that you should speak to a lawyer about doing a declaration of homestead on your home. It is a simple legal document that is prepared and filed at the Registry of Deeds where your deed is recorded. There is a minimal filing fee but the cost is worth it because it protects your home from attaching creditors.

You should also retain legal counsel to file an appearance on the lawsuit in order to make certain that your interests are properly protected. Although the insurance company is obligated to retain counsel for you, your interests are not protected over and above your policy limits.

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Medical negligence or malpractice occurs when a medical provider or healthcare provider fails to exercise the degree of care expected of the person of ordinary prudence in protecting a patient from risk or harm. A patient or plaintiff must establish by preponderance of the evidence that the defendant had a duty to the patient that such duty was breached by failing to conform to the required standards of conduct and that negligent conduct caused harm to the patient. These cases frequently involve doctors, hospitals, nurses, dentists or those medical providers that have some degree of expertise in providing care and treatment to patients.

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In Massachusetts, one generally has to prove that the medical care provider failed to exercise that degree of care normally required by proof through an expert witness. In order to proceed with a case in its initial stages, the plaintiff must prove through a medical tribunal, which consists of a judge, lawyer and medical provider, that there is enough evidence, if believed, to go forward with the case. After the case has been approved by the tribunal then the matter proceeds through to the court system.

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Medical negligence cases are very expensive to prosecute because one must obtain the services generally of an expert to evaluate the case and treatment provided to the plaintiff. These cases involve extensive discovery, expert evaluations and obtaining numerous medical records.

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The answer to any question regarding the degree of success or the evaluation of damages depends solely on the facts and adequate and immediate investigation of the case. That is why it is important that if you think you have a case you should call Attorney Morte who has experience in these matters to properly investigate the matter and expertly evaluate the case. Only then will we truly understand whether or not you have been injured and whether or not you can expect compensation.

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First and foremost, if you are injured make certain that you go to the hospital where your doctors are, report the incident to the Registry of Motor Vehicles, and do not accept responsibility until such time as all of the facts have been investigated. Do not talk to an insurance company or its representatives, and you should call Attorney Morte as soon as you are able. Make sure you document your situation making daily notes.

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Under Massachusetts law, if you have in excess of $2,000.00 in medical expenses and/or a serious permanent injury, you may expect to recover any unpaid lost wages or loss of earning capacity, your pain and suffering and all unpaid medical expenses. You may also expect to recover certain intangible damages, which Attorney Morte can explain to you.

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Personal injury protection often referred to as PIP is mandatory coverage under Massachusetts law, which provides payment to you of all of your medical expenses and 75% of actual documented lost wages up to $8,000.00. If you have health insurance, that health insurance should cover any expenses over $2,000.00 excepting those deductibles which PIP will cover. For a detailed explanation of these rights, please see Attorney Morte.

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Of course you should get the necessary medical treatment that you need after any accident even if you question whether or not the injury is serious. When you go to the doctor or the hospital make sure that you document and explain all of your concerns, and make certain that you follow up with your own primary care physician if you are not feeling well thereafter.

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A slip and fall case occurs when someone slips, trips, falls, stumbles, or becomes injured as a result of a condition that causes that occurrence. If you believe that you have been injured as a result of someone’s negligence, then it is important to call Attorney Morte immediately in order to investigate that case. Slip and fall cases in Massachusetts are difficult cases. That is why they need to be investigated quickly so that all evidence can be gathered.

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A product defect case involves any situation wherein someone is injured as a result of a product that is defective. The following products may involve defects: heart valves, medical devices, automobiles, tires. Product defect cases may involve the product itself or the warnings provided with the product. A product defect case can involve breaches of warranty that is when products are not manufactured according to exact specifications. That is why it is important to call Attorney Morte if you feel that you may have a product defect case.

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We all want to believe that the care provided to our loved ones in nursing homes is adequate and reasonable. Sometimes the care that is provided is less than adequate and causes injuries to patients. These may involve falls, or inadequate supervision, or failure to provide adequate medical care. If you or a loved one believe that you have been injured in such a nursing home environment, please call Attorney Morte immediately to investigate your cause of action.

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