Tag Archives: personal injury
Necessity

Necessity: Defense in Criminal and Civil Cases

Kendall and his girlfriend Heather are drinking.  Heather falls and bleeds profusely.  They’re in a remote area, without cell or other phones.  Kendall puts Heather in the car and rushes to the hospital.  On arrival, doctors attend to Heather.  But, police followed the car and arrest Kendall for drunk driving. Can we fight the DWI [...]

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Damages Award.

Damages – Compensatory & Punitive Damages in Products Liability Case

  The Massachusetts Supreme Judicial Court has upheld a $20 million verdict awarded after a 29 year old woman died as a result of sliding down a defective swimming pool slide which collapsed, causing her to strike the concrete deck of a swimming pool fracturing two vertebrae. Toys R Us, which imported and sold the [...]

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Notice Requirements

Notice Requirements in Personal Injury Cases

Notice requirements compel those injured in an accident to notify proper authorities within a certain time frame.  Otherwise, they lose the ability to make a claim. Many people understand statutes of limitation. Such laws give an injured person a certain number of years after an accident to file a proper complaint in a court with [...]

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Producits Liability

Products Liability: Personal Injuries Caused by Defective Products

Products liability cases present horrifying facts: A power wrench explodes throwing metal pieces into an auto mechanics face, causing partial blindness. The transformer block on a new telephone answering device short circuits, sparking a home fire. A breast implant ruptures, leaking fluid into a woman’s body, causing cancer. These actual product defects provide a few examples [...]

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Life Expectancy Charts

Life Expectancy Tables In Personal Injury Cases

  Life expectancy tables provide key information in evaluating some personal injury cases.  The tables give a statistical perspective, a number, telling us how long any given human being can be expected to live. One of the most often overlooked elements of a personal injury case calculates long term potential damages beyond the date a release [...]

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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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