Massachusetts Personal Injury Legal Questions

If you have an underlying condition that was aggravated by the accident, then the insurance company should be responsible for paying for any resulting medical care that's needed to make it right. Adjusters like to say they're not responsible for your pre-existing conditions. They're mostly right. But, you didn't need surgery before and you weren't having those symptoms before. Now you do have those symptoms. I tell my clients that this is like the arsonist blaming the dry forest for the forest fire when he chose to start a fire. The at-fault person takes you as they find you and is responsible for all resulting damages and medical procedures. I would talk to an accident attorney (most offer a free consultation) to find out what remedies you might be entitled to.... Read Answer

You have to prove that the foreign substance (bone) was not reasonably anticipated to be in the food product. Remember, steak may have a bone in it. Do you still have the bone? This is important as well. Has the employees at the PaPa Ginos put on notice immediately at the time you ate the sandwich? Lots of questions remaining. Feel free to call me to discuss. John Tramontozzi, Esq. Martino & Tramontozzi, LLC 616 Main Street Melrose, MA 02176 781-662-0900  ... Read Answer

There is no magic formula to determine what a case like yours is worth under Nebraska's Workers' Compensation law. For certain workers' compensation injuries, the amount a case is worth can be determined fairly easily. An example would be if you broke your finger and were left with an impairment rating, you would be entitled to a certain amount of weeks of permanent partial disability benefits. The permanent partial disability benefit amount is based on your average weekly wage. However, for head and neck injuries there is no set formula. To determine the value you would have to know what your "loss of earning capacity" is based on your injuries. Usually a specialist in calculating loss of earning power is retained to determine this value. Your loss of earning capacity is based on your education, rate of pay, work experience, the nature and extent of your injuries and all permanent limitations/ restrictions you have a result of your injuries. The loss of earning capacity evaluation is not usually done until you reach medical maximum improvement, which means you are healed as much as you can from your injuries. Without knowing your loss of earning capacity and whether you will need future medical care I cannot tell you what a fair settlement would be. You might want to talk to a workers' compensation lawyer to learn more about your rights and the possible value of your case.... Read Answer

It should explicitly spell out how the attorney's fees are handled in the contract that you signed with the attorney, and whether the fees come out of the gross or net settlement.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You might have a valid cause of action for breach of contract, but do you really want to pay an attorney five times the amount of money that you are out of pocket to prosecute a lawsuit that (at face value)   sounds pretty reprehensible? Sometimes it is just best to put things behind you and move forward. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

The short answer is that the language of the agreement isn't limited just to the amount-- it's broader than that.  Who might be responsible if there is a breach of the agreement is hard to know without knowing more facts-- in general, the person who says something they promised not to is responsible, although I can imagine a situation in which someone else might also be at fault for, for example, giving you the wrong advice about what you can and can't say.  You should certainly raise this with your daughter's attorney and get some direction.  Don't worry too much-- in most instances, defendants are really worried about widespread dissemination of the fact and the amount of the settlement of the type that would happen if you spoke to a reporter or posted something on the internet or YouTube.  Mentioning the fact that your daughter's case settled without saying the amount at a cookout isn't the kind of thing that usually gets a defendant's attention. Best of luck.... Read Answer

Typically, in Massachusetts one has 3 years to make a claim against an at fault driver for negligence. However, in this instance, the issue of the car being stolen could change things. If the defendant owner can show the car was stolen, the insurance on the vehicle may not be applicable, and you may not be able to reach it. If that is the case, it does not mean that you are out of luck. In situations of hit and run, stolen vehicles, etc., you can look to household policies for coverage. If, at the time of accident, your son owned a car, then you could possibly make a claim through the uninsured section of his policy. If your son did not have a car, then one could look to any blood relative household policies of relatives living with your son at the time of the accident. In other words, if your son lived with you and you owned a car, a claim could be made through your policy. In these instances, that is, seeking coverage through the uninsured portion of a policy, would then be a 6 year statute of limitations, not 3.... Read Answer

You may have a claim with both the restaurant and your employer.  When you are hurt on the job, worker's compensation (from your employer) is responsible for medical bills and worker's compensation benefits.  In this instance, if you can show negligence or wrongdoing on the part of the restaurant, then you may have a slip and fall claim for pain and suffering against the restaurant as well.  Bear in mind that any settlement monies received from the restaurant would have a lien on it from your employer's worker's compensation carrier. 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 Answer

You cannot get access to all grievances that may have been filed against an attorney.  As you can imagine, many of them may be baseless.  However, you can look up any disciplinary action taken against an attorney for ethical violations.  The website to check is the Board of Bar Overseers at www.mass.gov/obcbbo/decisions.htm. 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 Answer

The answer to your question really depends on the situation and the agreement or contract you signed with the attorney.  If the fee agreement says the lawyer is entitled to a certain percentage from any and all amounts collected, then one could argue the fee comes off the top.  I do understand your issue with it, and an attorney will often not take a fee on the medical portion of a settlement so that the doctor can be paid in full.  You should read over the contract and see how it can be interpreted.  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 Answer

Lawyers are no different from other service providers.  If you are truly not happy with someone's service, it is your right to change attorneys at any time.  The process is pretty simple.  You would need to sign a letter addressed to your current attorney stating that you no longer wish for him or her to represent you.  You should ask that your entire file be forwarded to your new attorney.  I would suggest in the letter that it state your request that you not be contacted.  In my experience, lawyers will often call the upset client and pressure that client to stay, making you feel uncomfortable.  Keep in mind that you may owe some legal fee to the prior attorney for the work performed, but that amount should come out of the new attorney's fee.  It should not cost you any more. 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 ... Read Answer

This is certainly something an attorney can handle for you and stop. Unfortunately, without money to file and fight a law suit, you can't hire an attorney. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

As far as property damage goes, you are only entitled to the book value of your car because it was totalled. I assume you have been paid this. You cannot then ask for a new car. In the eyes of the law, you have been reimbursed and paid in full. However, you mentioned being out of work for a year and a half. You did not indicate if this was related to the accident or not. If you were injured from the accident, you may have a claim for pain and suffering against the at fault driver.... Read Answer

Generally, you cannot sue your employer for the personal injury, as work comp is the only remedy available against them. You generally can sue other parties at fault besides your employer, but in Indiana, you would have had to file suit within two years of the incident that caused your injuries. It appears you may very well be outside the statute of limitations, depending upon the State in which you reside. You should consult a personal injury attorney in your area to determine if you can still pursue a claim or not.... Read Answer

Assuming the incident where you injured your foot occurred within the applicable statute of limitations (2 years in Indiana), you can sue a church in Indiana. They usually carry liability insurance to cover such losses. You still have to prove that they were negligent in some way, but, at least in Indiana, there is nothing to prevent a lawsuit against a church.... Read Answer

Under Massachusetts law, you are entitled to many things. Being in a no fault state, your own car insurance will cover the initial $2000 in medical bills as well as 75% of your lost wages, if any. As far as making a claim against the at fault party, you can make a claim for pain and suffering if you have over $2000 in medical bills. If you are at all interested in making a claim, please feel free to call my office for a free consultation and we can discuss further. It costs nothing to have an attorney on your claim from the beginning, and I strongly advise it so everything goes smoothly and the insurance company does not take advantage of you. We have over 45 years of personal injury law success. It is all we do.... Read Answer

You should contact a personal injury attorney immediately. Make sure you have filed a police report. Make sure you have reported the accident to your insurance company. Running a red light is per se negligence. You may be eligible for compensation for your injuries. Continue to seek medical treatment and document in a diary or journal the effect of your injury on your daily activities.... Read Answer

To answer if there is actually a Personal Injuryy claim in this situation; you must provide more information. How did the school bully your child? How are they responsible for the bullying? Did they have reason to know of the bullying? Where reasonable steps taken to inform the school the bullying was occurring? For such an institution to be responsible in a Personal Injury claim their knowledge and response must be determined first. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

Typically, when a child under the age of 18 receives proceeds from a lawsuit, the money must be held in a restrictive account until the child's 18th birthday.  Oftentimes, if the parents incurred out of pocket expenses for the child's medical care, etc. then they may be entitled to be reimbursed for the those expenses out of the child's recovery.  In Indiana, where I practice, any settlement to a minor that exceeds $10,000.00 requires approval from a probate court to accept the settlement.  In essence, a guardianship is set up for the child, and usually (though not always) the parents are appointed guardians over the child.  The parents must submit an oath that they will place the child's funds in a restricted account and that no one can access the funds without court approval.  Interestingly, in Indiana the lawyer representing the child must also submit a sworn affidavit that they will ensure that the funds are placed in a restricted account.  Once the funds are deposited in the bank, the bank must affirm that they will not release the money without a court order, and then those documents are filed with the probate court.  It requires a fair amount of time and effort to ensure that all of these restrictions are met, but the ultimate goal is to protect the child's assets.  Without these restrictions, the risk is that the parents will invade the child's account, and there wont' be any money left for the child when they turn 18.  When the amount of the settlement is significant, I usually recommend that my clients structure the settlement in the form of an annuity.  This allows the child and the parents more flexibility in how the assets will be paid out.  With an annuity, the settlement can be paid out over time in installments, rather than giving an 18 year old a lump sum of money.  Also, given the current state of interest rates, an annuity is likely to provide a better return than a bank savings account.  ... Read Answer