Under Massachusetts law, there are several types of damages an injured person can recover through civil action: economic damages, which cover medical expenses, continuing medical care, lost wages, and inability to earn future income; and non-economic damages, which include pain and suffering, loss of enjoyment, and disfigurement. In recent news,…
In Massachusetts personal injury cases, an injured party must show that the other party owed a duty to them, that the party failed to uphold that duty, that the failure resulted in an injury, and the type and amount of damages suffered as a result of the injury. When an…
In Massachusetts, if someone dies due to the negligence of another, recovery for damages like lost wages, loss of companionship, and funeral expenses may be available through the Wrongful Death Act. The Wrongful Death Act allows recovery if a willful, wanton, or reckless act caused the death of a person…
If you know anyone who has applied for Social Security Disability benefits, he or she will tell you it is a lengthy and slow process. If your application for disability benefits has been denied twice, then the approximate waiting time in order to have your case heard in front of…
In New England, old man winter is here for about five months, and depending on what the groundhog sees, more winter may be yet to come! Snow and ice is everywhere and Massachusetts residents should be prepared to battle these icy conditions. A slip on ice or frozen snow can…
In Massachusetts, drivers can purchase Medical Payments (MedPay) coverage on their automobile insurance policy. This coverage is optional and therefore additional premiums would apply. However, this additional coverage, which can pay your medical bills resulting from a car accident, is well worth the extra premium. For reference, please feel free…
The general rule in Massachusetts is that a property owner has the duty to maintain their property in a reasonably safe condition given the circumstances. Mounsey v. Ellard, 363 Mass. 693 (1973). This is why we usually remove broken glass from our floors and clean up slippery liquid spills in…
When any personal injury case goes to trial, the client’s medical records and itemized medical bills must be certified in order to be introduced into evidence. Without this mandated certification, the judge will throw out the medical records and bills. A certification is a document that the doctor or authorized…
According to the Medicare Secondary Payer (MSP) Act, Medicare automatically has a lien on your settlement for reimbursement of all injury-related medical expenses it paid on your behalf as a result of your accident or injury. This means that Medicare is legally entitled to a portion of your settlement proceeds.…
Following the Newtown school shooting, Connecticut is attempting to pass into a law a bill which would cover treatment costs for mental injury stemming from the workplace. The bill will only cover future incidents of mental injury stemming from work-related trauma; however, a special fund is being planned to cover…