Lowell Personal Injury Lawyer Blog

The Anatomy of a Lawsuit

Published on: November 30, 2020 | by Marcotte Law Firm LLC

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 a case in front of a jury.

If you suffered harm due to the action, or failure to act, by another person, group of persons, or business, you may have a personal injury lawsuit. In law books, the technical term is commonly known as a “cause of action.” A cause of action is a set of facts under which one person sues another person, business, or organization.

A cause of action can arise in a variety of ways. First, it can occur due to either an act or even a failure to act. This means that some cases happen because someone didn’t do what they were supposed to do. Others arise because someone did something improperly. A cause of action can also arise on account of a breach of duty, or a violation of the law. This means that there is a law or other regulation that requires someone to act a certain way, and then that person or entity doesn’t meet those requirements. Obviously, the circumstances of the facts of your case will have an impact on your cause of action.

Chapter 93A – Unfair & Deceptive Trade Practices

Published on: November 9, 2020 | by Marcotte Law Firm LLC

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 affords broad protections to consumers from merchants engaging in “unfair and deceptive” practices. This includes sales and leases, debt collection, many contracts, foreclosure, landlord-tenant law, and even bad faith insurance claims.

If you have been subject to unfair business practices, the easiest course of action would be to simply come to an agreement with the business with which you have a conflict. However, if all disputes were that simple, there would be no need for laws protecting the rights of consumers. If you are unable to resolve a complaint with a merchant, i.e., an individual or business, informally, then you may decide to take legal action.

What is Workers Compensation?

Published on: October 26, 2020 | by Marcotte Law Firm LLC

Most people know that if you were injured at work, you may be eligible for what is known as “Workers’ Compensation.” But, oftentimes, injured workers don’t know what kind of benefits are available, and they don’t always know how to qualify.

What is Workers’ Compensation?

Workers’ Compensation is a form of insurance that every employer is supposed to have to cover injured employees. While there are many types of benefits available, the two main types of benefits provide wage replacement and medical benefits to employees injured during the course of employment. One of the good things about Workers Comp is that it is supposed to provide you benefits right away. The system was set up this way because when a worker is injured, he/she might not be able to pay rent or put food on the table if they go too long without a paycheck. However, there is a tradeoff for these “quick” benefit. Under the Workers’ Compensation system, the employee forfeits the right to sue his or her employer for negligence.

September Victories for Marcotte Law Firm

Published on: October 9, 2020 | by Marcotte Law Firm LLC

September saw a couple of significant victories as Marcotte Law Firm is settling into its new locale.

Sean Kelly secured a not guilty verdict for a client charged with drunk driving after slamming into the rear of a car whose driver had stopped on a New Hampshire country road to turn left. The investigating officers determined that the client had failed field sobriety tests, and they admitted to consuming alcohol an hour earlier. The municipality did not use breathalyzers but opted for blood tests administered at a local hospital. The suspect declined, as they later would explain due to fear of COVID. Unlike Massachusetts, refusal to take the test can serve as evidence against the accused. The client testified that the accident occurred because they had gotten lost and was checking GPS. When they looked up, the vehicle ahead had stopped.

The collision, however, was substantial. Attorney Kelly not only questioned the officer’s conclusions on the field sobriety tests (first having mastered all the training and grading methodology taught to the police), but also argued that any deficiencies in her performance were equally explained by the severity of the collision. The prosecution could not show beyond a reasonable doubt that whatever symptoms might have been attributed to alcohol could as easily have been due to the collision. Ironically, our client might have been guilty of distracted driving, but was never charged with it. Happily, they have been extra cautious since.

What are Social Security Benefits?

Published on: October 9, 2020 | by Marcotte Law Firm LLC

You may know “someone on disability,” but what does that mean?

Many people may not be aware that the Social Security Administration (“SSA”) oversees a program for individuals who are unable to work due to medical impairments. The program is a lifeline for those who are unable to work, mostly through no fault of their own.

This includes people who have physical impairments such as a back injury as well as mental impairments like Post Traumatic Stress Disorder (PTSD). At the same time, it doesn’t matter whether your impairment, whether mental or physical, happened at the job. It also doesn’t matter whether your impairment happened suddenly or was something that happened over time.

Massachusetts Safe Driving Law

Published on: September 16, 2020 | by Marcotte Law Firm LLC

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.

Warranty of Habitability for Snow & Ice Cases – New Law

Published on: July 28, 2020 | by Marcotte Law Firm LLC

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 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.

Dog bites may leave children with psychological scars

Published on: May 16, 2020 | by Marcotte Law Firm LLC

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

What to do after an auto accident

Published on: February 11, 2020 | by Marcotte Law Firm LLC

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

3 tips to help you avoid a car accident

Published on: January 6, 2020 | by Marcotte Law Firm LLC

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.

Do not speed