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My husband was in a fatal accident, can I file a wrongful death claim?

Under Massachusetts law, a person or company may be liable for wrongful death, if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty.

In order to bring forward a wrongful death claim with the wrongful death attorney in eau claire wi, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state. Massachusetts requires “the executor or administrator of the deceased” to file a wrongful death claim in court. This refers to the person responsible for following any instructions left in the deceased person’s will or for paying the deceased person’s final debts.  This person is now called a “personal representative” and he or she can file a claim on behalf of the surviving individual(s).

A wrongful death claim is a civil lawsuit, which differs from a criminal case. This means it must be filed by the personal representative directly, and any liability is expressed solely in terms of monetary damages.

A Massachusetts wrongful death lawsuit may compensate damages for the following reasons:

  1. The loss of the deceased person’s expected income.
  2. The loss of care, companionship, comfort, guidance, and nurturing the deceased would have provided to family members.
  3. The medical treatment costs that the deceased victim incurred as a result of the injury prior to death.
  4. Reasonable funeral and burial expenses.

If you have suffered a loss due to wrongful death, our office is here to help. The process of filing a wrongful death claim can be complicated, but we’ll be with you every step of the way.

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 coverage while engaged as a ride-sharing driver. However, many ride-share drivers do not have such coverage. Additionally, personal car insurance policy usually has a “business use exception” that won’t cover damages and injuries that occur while the insured is acting as a for-profit driver.

If the driver’s insurance will not cover passenger injury, Uber and Lyft carry third party liability insurance coverage, which pays up to $1 million for personal injuries and property damage per accident, either way the victim should always hire someone like the Personal Injury Attorney Pittsburgh. The third-party liability insurance will only cover costs when the ride-sharing driver is at fault for the accident; the ride-sharing driver’s own insurance has been exhausted; or the responsible driver is unknown, doesn’t have car insurance, or doesn’t have enough car insurance to pay for your injuries.

If the above insurance policies do not fully compensate you, or the insurance companies refuse to pay out, you can try going after the ride-sharing company itself. However, this should be considered a last resort option.

If you’ve been injured in a car accident and specifically while riding in an Uber or Lyft, contact us immediately to discuss your options.

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 Commonwealth 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 may lose your right to have a court hear your injury case.

Many states have a “one bite rule” where dog owners are protected (to some degree) from liability the first time their dog injures someone, if they had no reason to believe the dog was dangerous. In Massachusetts, however, a specific statute makes the owner “strictly liable.”

In strict-liability states, regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by his/her dog. The dog bite statute holds the defendant liable, if the plaintiff was legally allowed to be where he was when the bite occurred, and the plaintiff did not provoke the dog at the time of the dog bite. Turn to public liability insurance policies, provided by constructaquote.com

If you have questions regarding a personal injury case, contact our office today,

I sustained a serious injury while working out at my gym. Is the gym liable?

Gym injuries are common, especially minor sprains and pulled muscles. If your own carelessness contributed to the incident, the gym may not be liable. However, when malfunctioning equipment or employee negligence causes an injury, you may have a personal injury case and you will have the opportunity to hire the personal injury attorney davenport ia.

Gyms are responsible for maintaining a reasonably safe workout environment. The gym should clean equipment regularly and maintain it properly. If you sustain an injury by slipping on a wet floor, by improperly kept equipment, or by catching a serious illness, such as a staph infection, from unsanitary equipment, then the gym may be liable to you for that injury.

Equipment manufacturers and other gym-goers can also be liable for your injuries. If someone else intentionally or carelessly injures you at the gym (for example, a free weight user drops a weight, and it hits you), they may be responsible for any injuries you sustain. Similarly, if you sustain an injury due to a faulty or improperly documented workout machine, you may have a case against the equipment manufacturer.

When joining a gym, it’s important to read the liability waiver and ask questions. While many gym members think that a liability waiver means they cannot pursue legal action against a gym, that is not always true. While a liability waiver may prevent you from taking specific actions, it does not fully protect gyms from personal injury liability.

Depending on the incident, you may have an opportunity to challenge the validity of a waiver. Keep in mind that no waiver protects a gym establishment from liability for intentional or grossly negligent acts. If you sustain an injury due to no fault of your own while on gym property, consider talking to a personal injury attorney.

My neighbor allows her dog to run loose. While walking my own dog, the neighbor’s bit me. What recourse do I have under the law?

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 may still be liable.

If you plan on filing a claim or a lawsuit, be sure to take pictures of your injuries and bring documentation from your doctor. If you’ve previously taken pictures of the dog running loose, that is also helpful. There may be additional, local ordinances against unleashed dogs that come into play. An experienced personal injury attorney, such as one of our partners, will be able to assess the individual circumstances of a dog attack. All this assumes, however, that neither you nor your own dog did anything to provoke the neighbor’s animal. The law waives liability for the owner of a dog, if the victim of the bite was trespassing or in any way harassing or tormenting the dog.

Call our office today to discuss your options for compensation following a dog bite or another injury.

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 because it grows quickly if the indoor isn’t properly build or prepared. Long term exposure to black mold is potentially harmful to health and may cause a wide range of symptoms and consequences, specially for people with lung diseases or weakened immune systems; Even when most people only relation mold with moisture, it can easily grow on a house or apartment if these don’t have enough ventilation, fresh air flow or polluted buildings. An easy way to prevent that is using air filters or indoor air cleaner systems, here you can see an example https://a-1certifiedenvironmentalservices.com/indoor-air-quality-testing-los-angeles-county/

Regardless of the provisions of a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This legal doctrine requires the landlord to providetenants 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 stop paying rent, claiming the mold has made their apartment uninhabitable. The second strategy, known as “repair and deduct,” involves tenants taking care of mold cleanup or a pest control issue that can be easily gone with Drake Lawn & Pest Control, will be taken care on their own and then subtracting the cost from their rent. Superdry San Diego flood repair will professionally cope with mold and odor removal.

Several conditions need to be met under Massachusetts law for these options to be legal. For example, most rent withholding laws do not permit you to withhold rent, if you are behind in the rent or in violation of a relevant lease clause. You  also must report the problem and give your landlord a reasonable opportunity to fix the issue. Additionally, the problem must be severe, not just annoying, and must imperil your health or safety.

Tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. For help regarding harmful mold, give our legal team a call.

At a shopping center, I slipped on the wet floor and broke my tailbone. Would I sue the owners of the particular store, or of the entire complex?

Liability depends on many factors, including the exact location where you slipped and the cause of the wet floor.

Typically, an individual or corporation owns the building that comprises the shopping center. The owner then rents out specific units to other individuals or corporations. While the tenants are responsible for conditions within their rented units, the landlord typically remains responsible for conditions in the common spaces of the mall or shopping center. Managing a rental place requires fast and efficient decision-making process. The first factor to consider is whether you slipped inside a tenant’s store or in an area for which the landlord is usually responsible, such as a corridor, a food court, a parking lot, or a restroom. Brisbane professionals provide the best house and office cleaning services, they may be always relied on.

From here, the issues of liability become more complicated, revealing why it is important to consult a personal injury attorney as you pursue compensation for your medical expenses, lost wages, and pain and suffering:

• Why was the floor wet? Was it sloppy housekeeping? Was the landlord or the tenant responsible for housekeeping in the area where you fell? Was a third party hired for housekeeping, making them partially liable as well?

• Did the wet floor resulted from leaking pipes, poorly maintained pavement, or unmarked hazards? These hazards may have resulted from the negligence of the landlord, even if you slipped and fell.

As you have seen, liability is a complicated question. Call our office today to discuss your options. Our experienced personal-injury attorneys will work to make sure you receive the absolute maximum for your suffering.

Are autumn leaves a slip and fall liability?

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 can result in injuries like a fall from any other cause: fractures, back injuries, head injuries, and sprains.

Under Massachusetts premises liability law, homeowners and commercial property owners are responsible for clearing even “natural” accumulations of leaves and snow.

If you’ve suffered an injury due to a slip and fall on wet leaves the owner of the property may be liable. If you’ve slipped in a commercial parking lot, entrance way, or sidewalk, you may be entitled to compensation for your medical bills, lost wages, emotional distress, pain and suffering. Back pain is a common result of an injury due to a slip, so visit this page lo learn how you can ease the pain and feel better asap.

Contact our office to learn your rights and if you have a viable slip and fall injury case.

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 accident. We had a client that got infected with fungus, he was asking himself “How i ended toenail fungus?”, that’s why is really important to keep yourself checked.

On a financial level, the longer you wait to use your insurance or make claims against the other party’s, the more difficult it becomes to get paid for your medical bills or lost wages. The longer you wait to treat injuries, the more expensive your treatment could become.

In legal terms, skipping a doctor’s visit until injuries become more apparent does not prevent you from reaching a settlement later. However, it may make it more difficult, check for Car wreck lawyers Fielding Law to find help in this area.

In Massachusetts, there is a two-year period in which to claim personal injury after an accident under your no-fault benefits. However, the longer you wait after an accident, the easier it is for insurers and, later on, attorneys to argue that your medical expenses are not the result of the accident.

So, call your doctor—and then call us to discuss next steps.

How should I file a claim regarding a car rear-ending my car when traffic is paused?

Additional Information:  Traffic was at a standstill on Rte 9 in Worcester and I was rear ended while my car was stopped. A police report was filed, other driver was issued a citation.   As a result of the auto accident, I have nausea, dizziness, shortness of breath, and some pain.  Damage to my car includes damaged bumper, inverted body frame, passenger side door has trouble opening, and right end wheel is skewed.   How should I file a claim with my auto insurance company?  And how do I get them to pay for future medical expenses? I am not sure if there will be future health complications and don’t want the insurance company to underestimate my injuries.

Attorney Answer:

The first thing to do is to notify your insurance company of the accident, either directly or through your insurance agent.  The company will send you a Personal Injury Protection benefits form to complete.  This will enable you to have your medical expenses related to the accident paid by your company.  You should then submit any medical bills, including any receipts for insurance co-pays to the company when you receive those bills so that it can pay the provider directly or can pay you.  Your insurance company will also want to know about damage to your vehicle, particularly if you have Collision coverage under your policy.  That coverage will enable you to have your company pay you for the damage to your vehicle.  If you do not have Collision, then you will have to seek payment from the other driver’s insurance company based upon that driver’s fault.  In either case, the insurance company will have someone examine the vehicle to appraise the damage and the cost of repair.  You should also have someone do that on your behalf, and the most likely person for that is the body shop that you will have repair the car.  Often, the body shop will deal directly with the insurance company to agree on the repairs to be done and the cost of those repairs.  You should also contact an attorney to determine whether there are other actions you should take to preserve your rights to claim your damages.