Tag Archives: Injuries
Auto Insurance, Accidents and injuries.

Auto Insurance. Understanding Some Basics.

Auto insurance presents a necessary evil.  Driving without it is folly. Driving a rolling two-ton metal box, disaster happens in a split second.  Cars pose a rolling risk. Excuses for shirking off insurance include “I always drive responsibly …  if I get in an accident the other guy’s insurance will pay.” Surprisingly, many accidents happen where [...]

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Discovery in Civil Lawsuits

Discovery in Civil Litigation

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, [...]

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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, [...]

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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 [...]

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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 [...]

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Independent Medical Examination

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’.  [...]

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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 law includes ‘no-fault’ auto insurance.  This means that under the ‘PIP’ or Personal Injury Protection coverage of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are many exceptions, such as, if [...]

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causation

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 [...]

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Personal Injury Reasonable Man Standard

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, [...]

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Post settlement problems

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 [...]

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