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I recently suffered an injury in a car accident on Route 9 near Westborough.  I know I have to consult with a car accident lawyer, but in general, under Massachusetts law, what is best case scenario for what I will be entitled to for damages?   I have medical expenses and have missed work.  I will likely have permanent pain in my right leg.  The driver of the other car was cited by the Westborough Police for reckless driving among other things.

ATTORNEY ANSWER:

You would be able to recover your medical expenses and lost wages from your own insurance company in any event up to your coverage limits.  If your specific damages exceed those limits, you probably have crossed the threshold for a pain and suffering damages claim under the statute.  G.L. c. 231, §6D governs when you can recover for pain and suffering damages.  It specifies that you are able to recover pain and suffering damages only where the accident causes death, loss of a body member (in whole or in part), permanent and serious disfigurement, loss of sight or hearing, a fracture, or reasonable and necessary medical expenses of at least $2,000.  It is not apparent from your question that you have suffered any of the injuries that would qualify you to claim pain and suffering damages at the outset, regardless of the amount of medical expenses.  Therefore, you would not be able to recover for your pain and suffering until your reasonable and necessary medical expenses crossed the threshold amount.  [Read more...]

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I live in an apartment building in Leicester.   I fell on the shared back porch and broke my right wrist.  Medical expenses to date exceed $25K and I’ve lost wages at work.  Doing everyday activities involving my wrist is difficult or impossible.  Here’s what happened: one of the other tenants has a dog.  He admitted to cleaning up after his dog’s mess on the shared back porch by hosing down the porch and forgot to put down salt afterward.  Overnight temperatures dropped and the water froze.  I didn’t know it was icy because there was a light dusting of snow covering it.  I slipped and fell.  Do I have a premises liabilty case against the landlord or personal injury case against the tenant?

ATTORNEY ANSWER:

Whether you have a premises liability case against the landlord is difficult to evaluate based upon the limited facts that you present.  Ownership of the building by itself is not enough to establish the landlord’s liability.  You would need to show that the landlord had some control of the porch area or that he/she was responsible for dealing with the ice and snow conditions, whatever the amount.  As for your claim against the other tenant, that is a bit easier to evaluate because he created the slippery condition, albeit with help from the weather.  Under the old snow and ice rules, you may not have been able to recover because a court may have determined that the slipperiness resulted from the natural accumulation of snow or ice, which was a bar to recovery.  The rules have changed, however, so your claim against the tenant has a good chance of success, assuming that you can overcome the usual problems with slip and fall cases, such as your awareness of the danger, your use of reasonable care based on that awareness, and the foreseeability of the risk of freezing to the tenant or his/her knowledge of the slippery condition, although that is fairly foreseeable here in New England in certain parts of the year.   [Read more...]

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I was involved in a car accident on a residential street in Northborough.   A truck blew through an stop light and crashed into my car in the intersection and I was pretty seriously injured.  I know I need to hire a personal injury attorney but I’m feeling confused.   What should I know before hiring a lawyer and what’s the statute of limitations to file a personal injury claim?

ATTORNEY ANSWER:

The statute of limitations in Massachusetts for filing a personal injury lawsuit arising out of a motor vehicle accident generally is three years.  Some of the important factors you should look at when deciding upon an attorney to represent you are:  (1) If the attorney is willing to take your case on a contingent fee basis, has he or she presented you with a written fee agreement that explains clearly the legal services, the fee for those services, the manner of how the fee is calculated, and whether you are responsible for any fees or expenses if your claim is unsuccessful; (2) The attorney should be able to answer any questions you have concerning your no-fault or Personal Injury Protection (PIP) benefits and the claims process;  (3) The attorney should be able to discuss the factors that will go into arriving at a settlement demand, but should not be making any guarantee at this early stage of your claim;  (4) The experience the attorney has concerning handling accident claims; and (5) Whether the attorney does his or her own litigation or typically refers cases to another attorney to litigate.  You have significant rights after an accident, and you should contact an attorney for help as soon after the accident as you are able to avoid any delay that could harm your case.   [Read more...]

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My sister suffered a pretty bad injury after a motorcycle accident on Route 9 in Leicester.  She was riding on the back of her boyfriend’s motorcycle when a car hit them.  With it being a motorcycle accident vs. an auto accident, are the laws or personal injury case settlements any different?  Do we need a personal injury lawyer who specializes in motorcycle accidents?

ATTORNEY ANSWER:

The issues surrounding the key elements of settling your sister’s accident claim are not significantly different from those in an auto accident.  The differences arise in the lack of mandatory no-fault insurance coverage for motorcycles and, consequently, her ability to bring a lawsuit for pain and suffering damages without meeting the same thresholds pertaining to auto accident claims.  The problem of proving the liability of one or both operators is the same, and the requirement of proving the nature and extent of her damages is the same.  You do not need to have a motorcycle accident specialist, but you should ask your attorney questions concerning no-fault coverage to be sure that he or she understands the differences where motorcycles are involved.

Leicester Motorcycle Accident Attorneys at Reardon, Joyce & Akerson, PC represents clients in car accidents and personal injury claims throughout Worcester County and Central Mass including the communities of Shrewsbury, Marlborough, Northborough, Westborough, Leominster, Fitchburg, Clinton, Auburn, Oxford, Spencer, Boylston, Holden, Paxton, Ware, Worcester, Millbury, Grafton, Rutland, Sutton, Webster, Sterling, Lancaster, West Boylston, Leicester, Hudson, Charlton, Southbridge, Bolton, Barre, Hubbardston, Sturbridge, Brimfield, Princeton, Gardner, Milford, Uxbridge, Upton, Lunenberg, Ashburnham, Northbridge, Ashby, Harvard, Westminster, Winchendon, Dudley, and Brookfield.

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I was rear-ended by a delivery truck of a pretty large Worcester based company.  I suffered a neck injury as a result of the accident.  I’ve been seen and followed by a doctor and am in physical therapy now. The Worcester Police got the name of the driver and the insurance information but I was wondering- who is liable? the driver? the company or both?  I assume my medical expenses will be paid but I also feel as though I’m entitled to damages for pain and suffering.  This whole incident has caused a lot of problems for my work and my family.

ATTORNEY ANSWER:

The answer to your liability question will depend upon the relationship between the driver and the company.  Generally, when an employee is operating a vehicle within the scope of his employment, the employer is liable for the employee’s negligent operation of the vehicle.  This is called vicarious liability.  In that case, your claim would be against the employer, not the employee.  There may be questions about whether the driver was actually within the scope of his or her employment at the time of the accident, so the driver may be liable, if the employer is not.  That means your claim should include the driver until the issue surrounding his or her employment is resolved.  [Read more...]

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I was a passenger on my brother’s motorcycle and we got into an accident on Rte 290 near Shrewsbury. The driver of the car was at fault and was issued a citation.  I had to go to the emergency room after the accident and I still have back and neck pain and am in physical therapy.  Is insurance coverage the same for a motorcyclists? Who will pay my medical expenses and what legal steps do I now take?

ATTORNEY ANSWER:

You are unfortunate in that motorcycle insurance in Massachusetts usually does not include a Personal Injury Protection (PIP) component that would pay your medical bills as it does for autos unless your brother specifically added it to his policy.  Therefore, you (or your health insurance carrier) must pay your medical expenses.  On the plus side, you do not have to wait to see if your medical expenses will exceed the statutory threshold for filing a lawsuit against the driver for the personal injury damages you received in the accident, such as your medical bills and any conscious pain and suffering.  The claims adjusters for each of the insurance companies are in essence adversarial now because their payments to you will be based upon the liability of their insureds rather than upon the no-fault insurance provisions.  The next step you should take is to hire an attorney to represent you and to protect your rights in connection with the accident and your claim against the drivers of the car and the motorcycle. [Read more...]

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There was loose carpeting and several other guests tripped over the carpet before me.  Other diners and servers were witnesses.  I’ve since had knee surgery and continue with medical treatment and therapy.  Do I have a personal injury case against the restaurant and can I sue for damages as I will probably have permanent pain in my knee?

ANSWER:

Whether you can recover for the injuries that you suffered in your fall is going to depend more upon facts other than the loose carpeting alone.  The fact that other guests tripped on the carpeting suggests that the condition existed long enough that the owner was or should have been aware of the dangerous carpeting and that he/she failed to correct it, which would permit your recovery.  On the other hand, your awareness of the other guests tripping on the carpeting also suggests that you were aware of the defect but failed to use due care in traversing it, which may excuse the owner’s failure to remedy the condition because you assumed the risk and then failed to use due care in crossing the carpet.  Such slip/trip-and-fall cases are very fact-specific and often turn on nuances regarding what you knew or saw before you fell or whether there were other available passageways that were safer.  Gathering information from the witnesses about the defective condition, the timing of the earlier incidents, and any notice to the owner regarding the prior incidents would be important to evaluate your probability of success. [Read more...]

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We are being sued for more than we have on our insurance policy. I’m worried we will lose everything, our home and everything we have saved.  Can we protect our home and our assets in a personal injury lawsuit?

ANSWER:

While it is obviously too late to increase the limits on your insurance policy to protect against this accident, it is not too late to increase them to protect against the next accident.  There may be other tools available to protect some or all of your assets.  The easiest and the cheapest to utilize is the homestead exemption on your principal residence under G.L. c. 188.  By recording a declaration of homestead in the appropriate registry of deeds you can receive the declared homestead exemption of up to $750,000, if the residence is owned jointly or as tenants by the entirety.  Other available tools are more costly and require that you consult with an attorney to plan for that protection and to draft any needed documents or instruments.  The number and kinds of other assets you own will dictate which tools, if any, are right for you. [Read more...]