Lowell Personal Injury Lawyer Blog

Bicycle Accidents Are On The Rise

Published on: June 1, 2021 | by Marcotte Law Firm LLC

More and more towns and cities are adapting their streets to be more “bicycle friendly.” Whether through the creation of curbed or painted bicycle lanes or bicycle-only roadways, local governments are encouraging citizens to use bicycles more. The hope is to help alleviate congested roads, reduce car emissions, and simply promote health.

Due to the increased amount of bicycle traffic, vehicles and bicycles are often vying for the same road space. Drivers often believe that they always have the right-of-way and that cyclists are the ones who need to move to the side. However, the fact is that drivers share the road with all vehicles, including cyclists. A cyclist is entitled to use an entire travel lane, even if there are other vehicles sharing the road. Due to differences in traveling speed, drivers often perform unsafe maneuvers in an effort to pass the slower-moving cyclist. It is not uncommon for a driver

to “clip” a cyclist when attempting to pass. Similar to pedestrian accidents, bicycle accident injuries can be very serious due to the size and weight difference between bicycles and vehicles. Further, like pedestrians, bicycles offer no protection from vehicles.

Wrongful Death

Published on: May 17, 2021 | by Marcotte Law Firm LLC

The death of a loved one is a truly traumatic experience, especially if that death was sudden and unexpected . The sudden loss of a loved one leaves families with emotional burdens and oftentimes financial ones. So what happens when the death of a loved one is the result of someone else’s accident? This is known in the legal world as a “wrongful death” and you may be entitled to compensation. In Massachusetts, in the event of a wrongful death, the family of a loved one “steps into their shoes” and collects compensation on behalf of the deceased. Those who have lost a loved one due to wrongful death may be eligible to receive compensation for medical costs, funeral costs, loss of income, and other expenses.

Massachusetts law states that a person or company may be liable for wrongful death if that death was caused by: 1) negligence (failing to exercise reasonable care); 2) a “wanton or reckless act,” or 3) a breach of warranty. In all three cases, a wrongful death claim may be filed if the deceased person could have filed a personal injury lawsuit based on the same incident, had he or she survived.

What this means, functionally, is that a wrongful death claim is similar to a standard personal injury claim. In both cases, the action or inaction of one party is the cause of the injury or death of another. Obviously, in a wrongful death case, the injured person is unable to sue the liable party. Rather, another party must bring the claim on behalf of the deceased person.

Nursing Home Injuries

Published on: May 3, 2021 | by Marcotte Law Firm LLC

One of life’s ironic twists is that someday we may be tasked with caring for an elderly parent, just as they spent the early parts of our lives caring for us. Unfortunately, there are often times when the care needed by an elderly parent or relative exceeds what you are reasonably able to provide. Many times, an elderly parent requires around-the-clock medical attention. Other times, even staying at home alone while you work isn’t an option for someone who needs constant attention. Often, the best place for this type of care is at a nursing home.

Nursing homes can be an excellent resource at providing sustained care for medically at-need individuals. They have the time, money, and resources to provide the care that your mom, dad, or loved one needs. That’s why the cost is extraordinary, costing thousands of dollars every month, which is rarely covered by private health insurance. However, just like every other health care provider, they owe their patients a higher duty of care. Sometimes, that duty may not be met. Accidents happen, but when they happen to someone in a vulnerable sect, like a nursing home resident, those accidents can have severe results.

Nursing home injuries could involve multiple causes of actions, but the most common claims are for negligence on the part of the staff at the nursing home. If a patient/resident at a nursing home suffers injuries due to negligence on the part of the staff, the staff and facility could be found liable for resulting damages, e.g., pain and suffering.

What is a Hit and Run Accident?

Published on: April 16, 2021 | by Marcotte Law Firm LLC

Hit-and-Run Accidents

Many of us have been involved in a car accident, whether it be a “fender-bender” or something more serious. Regardless of the severity of the accident, it is a jarring experience. Because it happens so suddenly, it takes some time to realize what actually happened. Your brain is processing not just how the accident happened, but also trying to evaluate whether you’re injured. Our mind rattles off a million questions – “Am I OK?,” “Is the other person OK?,” “How bad is this?,” “What happened?,” “Whose fault was it?”

After those few seconds pass, the normal thing to do is to make sure everyone is OK. Then, the parties exchange contact and insurance information and call the police (even if no one is seriously injured, the police will file an accident report that is often needed by your insurance company). What few people expect is for the other vehicle to leave the scene. In Massachusetts, it is a crime to leave the scene of an accident if someone was injured or property was damaged over a certain amount. If you are the victim of one of these “hit-and-run accidents,” you may also be entitled to compensation.

New Hampshire Suing Massachusetts Over their Tax Policy for Remote Workers

Published on: March 16, 2021 | by Marcotte Law Firm LLC

While COVID-19 has impacted our lives in innumerable ways, one huge impact is on the way we work. Some workers have been fortunate enough to be able to transition from office life to working remote. While that presents its own set of challenges, one thing you may not think about is taxes and how that interacts with your wages. Massachusetts shares a border with five (5) different states and many people may live in one state and work in another. Some people are now working from home in one state, while their company is still “doing business” in another. This leads to a series of State-based tax issues and has resulted in New Hampshire suing Massachusetts over their tax policy.

Before the pandemic, over 80,000 New Hampshire residents commuted into Massachusetts on a normal workday. While New Hampshire has no income tax, New Hampshire residents working in Massachusetts would have to pay Massachusetts state income taxes, and that money would be withheld from their paycheck. However, an issue arises when these New Hampshire residents do their work from their homes in New Hampshire.

Beginning in March 2020, Massachusetts established that those who work out of state for Massachusetts-based companies would continue to be charged income tax in the state to “minimize sudden disruption for employers and employees during the COVID-19 state of emergency,” according to a Massachusetts government release. The regulation was intended to be temporary; however, subsequent changes removed the “temporary” language.

What is a Medical Malpractice?

Published on: March 8, 2021 | by Marcotte Law Firm LLC

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, often at their most medically-vulnerable, rely on the opinions of their examining and treating medical professionals. But what happens when that professional makes a mistake? Are they, too, able to chalk it up to “mistakes happen” and move on? The short answer is that medical professionals owe you a higher duty of care and “mistakes” they make could very well fall under malpractice.

What is Medical Malpractice?

Generally speaking, medical malpractice is a type of negligence that occurs during the medical care and treatment provided by a healthcare professional, i.e., doctor, nurse, physician assistant, etc. In order to prove malpractice occurred, you need to prove the “Four Ds of Medical Malpractice:” 1) duty, 2) dereliction (failure to meet that duty), 3) damages, and 4) direct cause.

Snow and Ice Injuries

Published on: February 22, 2021 | by Marcotte Law Firm LLC

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 any, fault you may have in the matter.

As noted in the previous post, it used to be much harder to recover damages from a slip and fall caused by snow and ice. A 2010 Supreme Judicial Court (“SJC”) case (Papadopoulos v. Target Corp) overturned an over-a-century-old law regarding the accumulation of snow. The duty placed on property owners was raised and it became easier to prove negligence. However, just because it became “easier,” does not mean collecting damages will be easy. There are still multiple factors at play.

All slip and fall cases fall under a class of personal injury claims requiring you to prove negligence. You must establish a duty, a failure to meet that duty, injuries, and that the breach of duty caused those injuries. In a case of snow and ice-induced slip and fall case, the duty owed is by the landowner and he or she owes you “reasonable care” for a safe walking environment, that is, free of ice and snow. Further, you must suffer a significant injury, for example, sprained or broken bones or traumatic brain injury from hitting your head. Finally, you need to establish that the ice was the cause of your slip and fall.

Snow & Ice – Landowner Responsibilities

Published on: February 8, 2021 | by Marcotte Law Firm LLC

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 ice are all tenets of our yearly winter ritual. While many of us are used to the cold, snow, and ice, it is important to know what happens when those conditions result in an injury. In the first part of a two-part series, we will discuss what duty you owe as a property owner to others entering your property and what happens in the event someone is injured as a result of a fall on snow or ice.

Under Massachusetts law, all property owners (commercial and residential) and landlords are legally responsible for snow and ice removal from their property. While each town and city has its own specific codes (and we encourage you to take a look at your city or town’s requirements), it is important to know the state law establishing this minimum. This means that any publicly-accessible areas, e.g., sidewalks or walkways, driveways, parking lots, etc., must be free of snow and “de-iced.”

This is a relatively new law, coming into effect on the heels of a 2010 Massachusetts Supreme Judicial Court (“SJC”) ruling that overturned 125 years of precedent of unnatural vs. natural snow accumulation. The arcane distinction aside, the takeaway is that the SJC prioritized safety of guests and visitors. (That case was Papadopoulos v. Target Corp, which dragged snow and ice law into the 21st century. It got rid of the rule that a “natural accumulation” of snow means that a property owner wasn’t responsible for someone’s injury.).

Knowing Your Disability Benefits: SSDI vs. SSI

Published on: January 11, 2021 | by Marcotte Law Firm LLC

If you find yourself in the unfortunate position of having to file for Social Security Disability, it is

important to know that you may or may not be eligible for two different programs. Those

programs are known as Title II or Social Security Disability Insurance (“SSDI”) and Title XVI or

Workers Compensation vs. Social Security Disability (SSDI)

Published on: December 23, 2020 | by Marcotte Law Firm LLC

Many people ask about the difference between Workers Compensation benefits and Social Security Disability Benefits (“SSDI”). While there are certainly differences between them, what many people don’t think to ask is whether you can collect from both programs at the same time. The answer might surprise you.

If you have been injured at work and have or are receiving Workers’ Compensation, you may also be eligible for disability payments under Social Security’s SSDI program. Because there are no asset limitations for SSDI, getting Workers Compensation payments does not automatically preclude you from qualifying for SSDI. However, that does not mean that there will be no impact on any potential SSDI benefits.

In most situations, Social Security requires that SSDI benefits be reduced or “offset” so that the total monthly amount that a disabled worker receives is no more than 80% of the amount she/he earned when she/he was fully employed (“average current earnings”). In order to calculate the offset amount, Social Security will first determine the maximum total monthly amount of combined benefits that the recipient is allowed to get under federal law. This is known as the “applicable limit.” If, in any given month, a claimant receives money exceeding the applicable limit, then Social Security will offset SSDI payments in the amount required to bring the total back down to the applicable limit. An offset is most common among individuals who earned lower incomes when they were working. This is due to the fact that their applicable limits are lower and more easily exceeded once the worker starts to receive both SSDI and workers compensation.