$3,000,000 Settlement of Premises Liability Claim
$1,200,000 Settlement of Premises Liability Claim
$625,000 Settlement of Worksite Injury Claim
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Greater Lowell

We have all become more and more dependent on our cell phones for not only communication or entertainment, but also as an important tool for making our lives easier. Trying to get to Fenway Park from Lowell? Our phones can give us step-by-step directions, giving us the fastest route, even with traffic. We can also use our phones to reserve a parking space for when we get there. Alternatively, we can buy a train ticket on our phone and take public transportation to get there.

For all the positive our phones provide, they can also distract us from what’s going on around us. When someone is looking at their phone at the dinner table, it can be very rude. But, its unlikely that someone can get hurt. Unfortunately, that’s not necessarily true if someone is distracted by their cell phones when they’re behind the wheel.

According to the National Safety Council, cell phone use by drivers causes more than 1.6 million car crashes across the country each year. While many people associate these injuries with texting, there are many ways that people can get distracted by a cell phone. This includes everything from browsing Instagram to trying to make a phone call. However someone is using their phone, when it takes their attention from the road, it makes it more dangerous for everyone else.

The Commonwealth’s top court, the Supreme Judicial Court, gave landlords a bit of a break recently in Goreham v. Martins, 485 Mass. 54, (2020).  The decision involves the “warranty of habitability” and the ways for tenants to recover for injuries sustained on their rented premises, including cases for people who slip and fall on snow and ice.

By way of background, an injured person has a claim “in tort”, that is, that someone’s negligence caused the injury.  There are circumstances, however, when the remedy is contract or semi-contract based.  For example, there is a “warranty of merchantability” attached to products.  They have to be fit for the purpose intended.  A table saw that does not have a guard, for example, can be found not to have met the warranty of merchantability, and resultant injuries can be compensable under a breach of warranty theory.  

Similarly, the warranty of habitability assures that a rented property is fit for human occupation.  If a ceiling falls on your head, you have a claim for breach of the warranty of habitability even though the landlord lacked notice of the hazard thereby making a negligence claim very difficult.

If you regularly follow social media, you have probably seen hundreds of posts about dogs and children. Not only are pooches and kids cute together, but dogs may improve the mental and physical health of the young ones in your family. If a dog bites your son or daughter, though, he or she may end up with more than physical injuries. 

From broken bones to life-threatening infections, dog bites can result in serious bodily harm. Therefore, if a dog attacks your child, it is vital to seek emergency medical treatment. Your son or daughter may also need mental health therapy. That is, psychological scars may plague your child after a dog bite. 

Post-traumatic stress disorder 

After enduring an injury in a car accident that was not your fault, you need compensation for your pain and suffering. An accident may have tragic results for your daily life and cause damages that require significant recovery time. 

Potential damages may include physical pain from injuries, scars, emotional distress, financial difficulties from medical expenses and loss of income due to the accident. Many of these issues may arise after an auto accident. It is crucial to understand how to move forward to receive the compensation owed to you. 

Gaining evidence for a claim 

Nobody ever wants to become the victim of a car accident, but it happens every day in Massachusetts. Often these accidents are 100% preventable. People do not pay attention when behind the wheel, or they break simple road laws, which leads to a crash. However, you do not have to sit around and wait to become the next accident statistic.

Consumer Reports explains there are things you can do to stay safe on the road and avoid accidents, even those caused by other drivers. Here are three tips you can implement to help you avoid a collision.

  1. Do not speed

One of the worst situations that happens in our industry is when someone is injured, but the responsible party does not have insurance. Common examples include someone driving a stolen car and a dog owner not having homeowners or renters insurance.

Of course, you can still sue someone without insurance. But if that person does not have money to pay for your injuries, there is sometimes not much you can do.

However, all is not lost. In many circumstances, there are alternative ways to recover for your injuries. Whether it’s uninsured benefits, making claims with state agencies, or finding creative ways to make insurance apply, many times it is possible to get compensation for your injuries.

There are many instances where accidents are caused by an employee of state or local government. When that happens, our clients are often curious how that affects their case.

In reality, these claims operate the same way as any other claim. But, there are a few subtle, but important differences.

First, you have to send formal notice of the claim to the government before actually suing them. This must be done within two years of the accident. If you don’t send this notice, the court might dismiss your case.

When driving, everyone’s biggest fears is getting into an accident. But what if you see the person that hit you driving away?

First, don’t chase the other driver. That only puts you at risk for being in another accident.

Instead, take a picture of the car, including the license plate. If you don’t have a camera handy, you write down the car’s license plate number. Even if you only get part of the license plate, it’s better than nothing.

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.

If someone causes an injury but then dies of unrelated causes, what happens to your personal injury claim? Many people don’t want to have to file a lawsuit against someone who has passed away and add another burden to his/her loved ones.

Luckily in Massachusetts, the law allows you to pursue any available insurance without having to bring a claim directly against the person who caused your injuries. This allows you to not have to deal with the estate of the potential defendant at all, and instead focus on the insurance coverage.

The only downside to this is that you’ll be limited to recovering whatever amount of insurance the person had. So, in a case with catastrophic injuries and limited insurance, this might not be the best option.

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