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If a plaintiff accepts any money from an insurance company following an accident which was not their fault, an insurance company may offer money in exchange for signing a general release and waiver of further liability in connection with the accident. Victims of an accident  involving personal injury should not sign such a document or accept any money until first speaking with an experienced personal injury attorney to see if signing this document is really in their best injury, and in most case, signing the document is not.

Boston Personal InjuryIf a person in involved a serious car accident in Boston,  at-fault driver’s car insurance company will typically have a claims adjuster contact plaintiff, (or plaintiff’s family in cases where plaintiff is incapacitated) within 48-hours after the accident. These claims adjusters will generally act friendly, as if they are just trying to help. It is essential to understand they work for the insurer, not you.  This means they do not necessarily have the injured party’s best interest in mind. They are tasked with settling cases for as little money as possible so their employers can make more money.

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Liability waivers can be a major obstacle to Boston injury lawsuits, but they are not always impossible to overcome. These waivers are often thrust in front of participants of certain recreational activities to warn of potential injury or even death. If you sign one of these waivers, it may limit the circumstances under which you are entitled to seek compensation if you are later injured. However, Boston injury attorneys can explain these documents are not impenetrable. There may be a number of challenges on which your claim can prevail.

Courts in Massachusetts Often Enforce Boilerplate Waivers Signed by Activity Participants 

Boston Personal Injury Unlike some other states where signing general liability waivers signed before participation are deemed void for public policy, the courts in Massachusetts have been willing to enforce many of these so-called agreements. It will take an experienced injury lawyer to successfully challenge it.  Continue reading

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Personal injury lawsuits in Boston can involve many different types of physical and emotional damages, but those involving traumatic brain injury (TBI) are often among the most serious. In some ways, such claims are comparable to wrongful death cases because survivors find life will never be the same.

Boston personal injurySome traumatic brain injury patients  will no longer be able to speak, walk or take care of themselves in any significant way.  We have adults that are basically reduced to the functional capacity of infants, requiring a lifetime of care and adaptation to a new way of life for the plaintiff and his or her family members.  In some cases, the plaintiff will be able to make a partial or complete recovery, but even that will cost hundreds of thousands of dollars if not upwards of a million dollars. Continue reading

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Service of process is a legal procedure whereby a party to a lawsuit provides proper notice of a legal action involving another party (usually the defendant). One gives notice of a Boston personal injury lawsuit by delivering a set of court documents to the person who is being served.Boston Medical Malpractice

If a settlement can’t be reached with defendants, the case will be filed in the Suffolk Superior Court in in Boston’s Government Center area. The court will then issue a service packet, complete with a signed and stamped summons. Multiple copies will be provided if there are numerous defendants. Each defendant must then be served with the packet, including copies of the summons and complaint. If a defendant is not properly served within 90 days, per state rules, the defendant can move to dismiss for lack of service.

Take for example the 2012 ruling by the U.S. Court of Appeals for the 1st Circuit, wherein the appeals court affirmed the dismissal of a Massachusetts medical malpractice/ wrongful death claim, which came a full year after the complaint was originally filed against defendant physicians. Although plaintiff had sought two 90-day extensions one top of the original, (complications arose, as one defendant was out of the country), the court found the delay was inexcusable. The case was pending in Essex County Superior Court, while service was governed by Massachusetts Rule of Civil Procedure 4(j), requiring that such process be completed in 90 days. Justices ruled that while federal rules offer no specific time limit on service of process outside the U.S., case law has established reportedly that the amount of time for foreign service is not unlimited.

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The term “accident” gets thrown around a lot when describing injuries no one intentionally set out to cause. However, the reality is most personal injury cases are the direct result of a failure by someone else to use reasonable care when they had a duty to do so. This is referred to as “negligence,” and it’s grounds to obtain compensation if you’re injured.

Negligence however, is not the only tort.  A “tort” is the legal term for anything a defendant does to a plaintiff that results in some loss or damages for which plaintiff can seek “remedy” from defendant “tortfeasor,” or person who committed the tort.  In addition to negligence and negligence-based torts, there is also an entirely different type of tortious conduct known as intentional torts.

Boston Personal Injury Because we know that negligence essentially involves acting in an unreasonably careless manner so as to harm a plaintiff, intentional torts do not involve carelessness, but rather conduct characterized as intentional harm to plaintiff. So if you’re injured in a robbery or some other type of assault, you can sue your attacker for that too. (You can also, in some cases, sue the property owner where the crime occurred for negligent security, though that will be a negligence-based tort.)

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New advances in traumatic brain injury diagnostics can help in obtaining damages for those affected, according to a recently-released study.

Traumatic brain injury or “TBI” as it often called, is a term that encompass several very serious medical conditions involving trauma to the brain. While it is hard to think of any brain injury that permanently changes one’s cognitive abilities, motor control, speech patterns, and ability to function on a basic level as anything but catastrophic, there is a medical condition known as mild traumatic brain injury or “mTBI.”

Mild Traumatic Brain Injury (mTBI) in Boston Personal Injury Cases

Boston brain injury lawsuits According to the Brain Injury Association of America, mild traumatic brain injury is a somewhat misleading term. It does not mean that the damage to the plaintiff’s brain was mild, but rather the injury that caused the brain injury were less severe than typical.  In other words, a serious brain injury can result from a seemingly minor injury, and that injury can result in very severe traumatic brain injuries, but there was a low chance of suspecting brain injury from the less severe looking injury.  This in terms leads to denials by insurance companies and claims that the plaintiff is malingering or even faking the brain injury in order to get compensation. Continue reading

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When a plaintiff is on someone else’s property and is injured as a result of some dangerous condition on the property, the type of legal action likely to be filed is known as a premises liability case.  A Boston premises liability cases is plead under a theory of negligence and alleges that the defendant did not maintain the property in such as condition so as to make it reasonably safe for lawful entrants onto the land.premises liability

Standard of Care in Boston Premises Liability Cases

In Massachusetts, the law regarding the duty of due care owed to lawful occupants on the property was drastically altered as compared to what it was and still is in many other states in a 1973 cases captioned Wilbur M. Mounsey v. P. Ellard & Another (363 Mass. 693).   Prior to this case, the law required a distinction between invitees and licensees when determining if the landowner owed a duty of due care to maintain the property in a safe condition and warn lawful occupants of known, yet hidden, dangers. Continue reading

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The term “slip-and-fall” is used to cover a variety of situations where a plaintiff slips and falls to the ground in a manner that results in personal injury.  There are various causes of slip and fall injuries in Boston such as falling on a wet floor in a store or other business, tripping due to an uneven floor surface, or tripping on an object left on the floor just to name a few.  These cases are filed under a type of negligence claim in a premises liability lawsuit.

Assumption of Risk Abolished in Massachusetts as a Defense to Negligence

Boston personal injury lawyerOne common defense in many jurisdictions is known as the assumption of risk.  This is  essentially an argument that plaintiff knew of the risks of whatever activity he or she was engaging in and took the risk of the type of harm that occurred. Continue reading

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As we head into the winter months, the weather will turn colder and snow and ice will begin to accumulate on  streets, sidewalks, and parking lots across the Greater Boston area.  While this often creates a picturesque scene, we also see a major increase in the number of slip-and-fall accidents due to that ice and snow.  The main question is whether the adjacent property owner or leaseholder, or both, are liable for the plaintiff’s injuries in connection with these Boston snow and ice injury cases.

Popadopoulos v. Target Corporation

Boston personal injury lawyerPrior to the court’s decision in Popadopoulos v. Target Corporation, a landlord or lease holder was only potentially liable for injuries caused by accumulated snow and ice if the accumulation did not occur due to natural conditions.  For example, if a snowstorm brought several inches of snow to the area, many parking lots would be covered with snow.  This snow might melt partially during the day and then freeze over resulting in very icy conditions.  Continue reading

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The U.S. Census Bureau reports that as American families increasingly rely on dual incomes, childcare outside the home is the norm. In a typical week, 61 percent of children under 5 were in some type of regular child care arrangement, whether with a relative or in a daycare center.

We trust these individuals and facilities to provide the very best care for our children. At the very least, we expect them to keep our children safe. In fact, by taking on a supervisory role, they have  a legal duty to use reasonable care in shielding children from foreseeable harm.

Unfortunately, this is not always, and Boston day care injuries are far too common.

Boston personal injuryThis is not to say that all accidents are the result of someone’s negligence, as children are after all children, and some accidents cannot be prevented. However, children cannot, by virtue of their age and inexperience, be expected to foresee all possible dangers. It is negligence if a foreseeable danger existed and the daycare worker or caregiver failed to take action to mitigate that risk. And of course, child abuse at a daycare center is not only criminal, it is a legal breach of duty of care, and may be actionable in civil court.  Continue reading