A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all that. In the real word, [...]
Tag Archives: Injuries
Cell Phones and Accidents: Is Legal Cell Phone Use Negligence?
Motor vehicle accidents happen more often than not due to driver inattention. Jabbering on the cell phone, texting, eating, drinking, turning to communicate with passengers, daydreaming and many other distractions reduce driver attention. Cell phones and accidents present growing legal issues. Whether the distraction breaks a state law or not, any cause of driver distraction, [...]
SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery. Fault must be established on the part of the property [...]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have been paid. Acceptance of these [...]
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct term should be ‘Insurance Examination’. [...]
AUTO INSURANCE IN MASSACHUSETTS
Car accidents cause trauma. Those injured wonder why they suffer again when they try to figure out auto insurance. PIP Massachusetts lawmakers enacted what they call ‘no-fault’ auto insurance. This means that under the ‘PIP’ or Personal Injury Protection provision of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are many [...]
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had a trial in an accident [...]
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is burned into legal history. However, [...]
PERSONAL INJURY: Can Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she doesn’t have health insurance. Can [...]
PERSONAL INJURY: 10 REASONS NOT TO DO IT YOURSELF
10. Notice Provisions Many people understand statutes of limitation. These laws prohibit bringing a case after a certain period of time expires. But, notice provisions apply to some types of cases, requiring proper legal notice soon after an alleged accident or wrong takes place, sometimes 30 to 60 days. If proper notice is not given [...]
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Bankruptcy: What Address Do You Use For Creditors
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Name Wrong on Marriage Certificate
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AUTO INSURANCE IN MASSACHUSETTS
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LIENS ON PERSONAL INJURY CASES
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PERSONAL INJURY: Do-It-Yourself Follies
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MITIGATION OF DAMAGES IN PERSONAL INJURY
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Discovery in Civil Litigation
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Dog Bite Cases in Personal Injury Law
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Notice Requirements in Personal Injury Cases
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PREMISES LIABILITY LAW AND INJURIES
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DEIDRE: In answer to AVVO website posting: Thank you for y...
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Neil Kitchener: Dear Sir, Your information is most helpful and ...
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-C.A.V.: There are many choices when it comes to selecting ...
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Wendy Spillane: I find it interesting that as a result of this dec...
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Andrew Myers: I can't answer for credit card companies that are...