Massachusetts Personal Injury Legal Questions

Without more details, it is hard to give you much advice.  With that said, I would suggest you contact an experienced personal injury attorney who can determine whether you might have a claim and what rights you may be entitled to.  Massachusetts has very specific requirements about making a claim and what is required.  In the meantime, you should get whatever medical treatment you need which is the most important thing!... Read More

My best advice is to ask your current attorney to explain why they believe you still owe money. I assume you have explained to them that you have made calls confirming no balance. Perhaps you can make the calls together with your attorney to find out the truth. If you have no balance owed, the money should be released to you ASAP.... Read More

Your insurance only increases when someone causes an accident. Filing a PIP claim for benefits would not increase your premiums. I understand what you are saying in your description, but you may still have a claim for "pain and suffering" and be able to recovery money for your serious injury.... Read More

My best advice is to not sign anything with the at fault party.  Yes, they want your medical records.  They will be going on a medical records fishing expedition to see if you have anything in your past that might affect the value of your pain and suffering claim for this accident.  Insurance companies are just like any other business.  They want to make money - not pay out money (if they can help it).  They are NOT your friend.  It sounds like you may have a valid claim here and may be entitled to compensation for your pain and suffering.  Contact an experienced car accident law firm who can give you a free consultation to let you know what your rights are and what you may be entitled to.  At the end of the day, you will receive more in your pocket with the help of an experienced firm negotiating for you rather than doing it alone. ... Read More

Hello, What a terrible thing to happen.  I am sorry to hear.  In MA,  there is a statute on the books that says any injury that occurs from a defect in a public way (sidewalk) has a cap recovery of only $5000.  That is the most you can receive from a city or town, regardless of the circumstances or how severe the injury is.  That certainly will not compensate you for what you have experienced.  In order to receive that, you typically have to sue in Superior Court to get it.  Unfortunately, dealing with a city or state is not like dealing with a private insurance company.  Unfortunately, it does not make sense to hire an attorney for this, as an attorney will take 1/3 of the $5000, and the rest has to go to pay your medical bills (or pay back your health insurance company).  There usually is nothing left for the injured party.  Sorry to be the bearer of bad news.  I wish you a speedy recovery.   Steven A. Schwartz Attorney/Partner    ... Read More

I would strongly suggest you contact an experienced worker's compensation attorney.  Based on what your doctor is telling you, you may very well have a worker's compensation claim where you can get what is called a lump sum settlement.  Without more detail, it is hard to give you more advice than that...but based on the severity of your injury, you should get a free consultation from an attorney who can let you know what your rights are and what you may be entitled to.  Do NOT sign anything with the insurance company until you do so. Steven A. Schwartz Attorney/Partner JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com  ... Read More

Lawyers are no different than plumbers or electricians or any other service.  You can change attorneys at any time and it is your right to do so.  It is as simple as sending a quick letter to your current law firm stating that you no longer are in need of their services and would like your entire file sent over to your new attorney.  Oftentimes, your new lawyer will do this for you and you simply need to sign the letter.  As for compensation, your former law firm may be entitled to compensation for the work they have done on your file.  However, it should NOT cost you any additional payment.  Essentially, the legal fee would be split in a fair way between the two law firms.  It is usually worked out between the two lawyers.  The important thing to understand is that you do not have to pay two legal fees.  The fee is the same, but it would be divied up.... Read More

Hello, I am sorry this happened to you.  Obviously, this sort of thing should not happen, and clearly someone was negligent here.  In these types of cases, the question is figuring out who was responsible for this error.  Once that is established, the next question is what kind of damages or injuries did you sustain.  If you discovered it as you did, but had no injury as a result, there is really not much to collect by way of a pain and suffering claim.  There can be wrongdoing, but there also must be injury or damage...and that is what your potential claim is based on.  I would also suggest holding on to that screw for evidence if you plan to pursue a claim.... Read More

There is no doubt this was neglilgence on the part of housekeeping, which means negligence is attributed to the hotel.  I am very sorry to hear about your experience! Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com... Read More

Where the accident occurred determines which state law applies. It makes sense for the attorney handling your claim to be barred there so they have experience with those laws. In addition, one must be typically be barred in that state to be able to litigate a matter in that state's court (with some exceptions).... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

In order to recover for personal injuries, you need to establish that the store was negligent and you suffered harm.  It appears that you have both elements but it is unclear how significant you are injured.  If you are damages are not significant, you may want to attempt settlement before filing a lawsuit.... Read More