It is a common phrase to say “mistakes happen,” because in all honesty, they do. No one is perfect and we all inevitably fail. However, this does not mean there are no consequences to these failures. There is no greater example of this than in the field of medicine. Patients,…
Articles Posted in Personal Injury
Snow and Ice Injuries
In Part 1, we discussed the duty owed by property owners in terms of snow and ice removal. In this post, we will discuss what happens if you are injured after slipping on ice or snow. It is important to know what steps are available to you and what, if…
Snow & Ice – Landowner Responsibilities
Winter in New England, a right of passage we all endure every year. No one can claim to be a real New Englander without going through a handful of winters full of blizzards, wind, and freezing temperatures. Cleaning off your car, shoveling the sidewalks and stairs, and salting or sanding…
The Anatomy of a Lawsuit
The main goal of personal injury lawsuit is to make people whole after an injury caused someone’s negligence. This compensation is usually broken down into three parts: medical expenses, lost earning capacity (lost wages), and pain & suffering. However, many people don’t realize that there’s a lot more to proving…
Chapter 93A – Unfair & Deceptive Trade Practices
Massachusetts has been called many things throughout history, but at the top of that list should be “consumer friendly.” This is true even about our laws. They try to protect consumers instead of big businesses. One example is a section of the Massachusetts’ Consumer Protection Act, specifically Section 93a, that…
Massachusetts Safe Driving Law
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…
Warranty of Habitability for Snow & Ice Cases – New Law
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 personal injuries sustained on their rented premises, including cases for people…
No Insurance
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.…
Dead Defendant
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…
Dead Plaintiff
Attorney Michael Molloy was recently talking to an 8th grade classroom when one of the students asked an interesting question: what if someone is hurt, but then passes away from unrelated circumstances? The answer turned out to be simple. A case is treated the same as any other asset someone…