Handling A Wrongful Death Claim

When a family member suspects wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone can be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical mistakes. In Massachusetts, the decedent’s estate has three years from the time of death or time of discovery to file a wrongful death lawsuit against the liable parties. Spouses, children, and parents are given priority when
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I was injured as a passenger of an Uber driver, who is responsible for damages?

If you’re injured in a ride-sharing vehicle, such as Uber or Lyft, you have a right to get compensation for your injuries and other damages. Financial responsibility typically falls on the insurance company of the at-fault driver, which may be the ride-sharing company’s driver or another driver involved in the accident who caused the crash. The ride-sharing driver’s car insurance coverage will apply to passenger injuries only if the driver has a commercial insurance policy or a personal car insurance policy with a special provision providing insurance coverage while engaged as a ride-sharing driver. However, many ride-share drivers do not
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I was bitten by a neighbor’s dog a year ago, can I file a personal injury lawsuit now?

Each state has a law that sets a deadline for filing a personal injury lawsuit in the state’s civil court system after an accident. This law is called the “statute of limitations,” and the state of Massachusetts gives you three years to file a personal injury lawsuit. The three-year time limit typically starts on the day of the accident, which would be the case in the event of a dog bite. If you don’t get your lawsuit filed within three years, you’ll lose your right to have a court hear your injury case. Many states have a “one bite rule”
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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

Landlords are urged to take mold seriously under Massachusetts law. Mold is considered a top environmental concern which can grow quickly. Regardless of what may appear in a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This is a legal doctrine that requires providing tenants with apartments in livable condition. Tenants in Massachusetts have the right to pursue two common legal self-help strategies. The first, known as “rent withholding,” is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. The second strategy, known as “repair and deduct,” involves tenants
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I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Workers’ compensation is a benefit used by states to compensate employees of private and government employers when they are injured at work. In the state of Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Workers’compensation insurance covers almost all employees in Massachusetts. You are entitled to file for workers compensation benefits if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers are required to visibly display the name and address of its Workers’ Compensation insurer and policy information. To qualify for workers’ comp benefits, you must
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Does Massachusetts allow pain-and-suffering claims?

Massachusetts allows pain-and-suffering claims in some cases and up to a certain amount. Pain-and-suffering claims are “non-economic” in that they are not seeking to compensate for a price-tagged, financial loss caused either by damage to property or by high medical bills. The latter type are “economic” damages. In Massachusetts, pain-and-suffering claims must usually be filed alongside economic claims. In the case of car accidents, medical claims must exceed $2000 before a pain-and-suffering claim may also be filed. For car accidents, Massachusetts law also expects victims to rely on their own, or the at-fault party’s, insurance coverage before suing. Some states
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My neighbor’s dog was off-leash and bit me. What are the current laws regarding leashing your dog?

An aggressive dog is a menace to the neighborhood, and potentially a source of great legal trouble for the owner. In Massachusetts, a dog and its owner are not granted any leniency in terms of civil liability even if this is the first occasion on which the dog has bitten someone. Additionally, since Massachusetts is a “strict liability” state, even if a dog is restrained or an owner otherwise takes “reasonable precautions,” the owner is still at fault. If you plan on filing charges, or a lawsuit, be sure to take pictures of your injuries and bring documentation from your
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Slip and Fall on Autumn Leaves

The arrival of fall brings with it the pleasure of watching the leaves turn. Fall is famous in New England because of the many vibrant colors, from bright yellow through to deep violet, that nature treats us to as the days grow shorter. When leaves turn, though, they inevitably have to fall to the ground. Autumn invariably brings with it wet weather as well. Wet leaves, strewn along the sidewalks and streets, can pose a major risk of slips and falls. While winter’s ice and snow might get most of the attention for slip-and-fall injuries, a fall on wet leaves
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I am feeling fine after a minor car accident. Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?

From a purely health perspective, we would have to recommend that you get yourself checked out at a doctor. With the rush of adrenaline and nerves you experienced immediately after the accident, your body may have been suppressing pain as part of your ancient survival mechanisms. You may not realize you are injured until you have had a chance to calm down. Additionally, injuries, even serious ones, can take days to manifest themselves, or may not always have obvious symptoms. For your own health and safety, we would hope you go to a doctor immediately or shortly after a car
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Auto Accidents Insurance Claim Process: Dealing with Filing, Settlement and Massachusetts Laws

The auto accidents insurance claim process in Massachusetts has some state laws that can add certain protections to accident claims with injuries. Nevertheless, standard procedures are still there in how an insurance company generally deals with your accident, including during the investigation phase. Investigation After Filing Once you’ve filed an injury claim (which can be done online), your insurance company will first look to see if your accident is coverable based on your policy. They’ll also ask you for a copy of the police report so an investigation can start on who was to blame and who wasn’t. That usually
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