By Robert I. Feinberg | Published June 10, 2023 | Posted in Litigation, Personal Injury | Tagged Tags: medical expenses, PIP Coverage, serious injury | Comments Off on Understanding Massachusetts’ Serious Injury Threshold for Lawsuits
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Understanding Massachusetts’ Serious Injury Threshold for Lawsuits
Massachusetts is unlike most other states when it comes to the right of auto accident victims to sue for personal injuries. We are one of only 12 no-fault states that require your medical costs to be above a certain amount before you can bring an action against the other driver or vehicle owner. This amount Read More
Read MoreA Short Primer on Consortium Claims
We know that the law often changes or, as academics are fond of saying, evolves. Yes, over the years more claims have been permitted by the highest court of Massachusetts, the Supreme Judicial Court, and the Massachusetts state legislature. Of course, sometimes the pendulum swings the other way, that is against the rights of victims.
Federal vs. State Cases
In terms of which courts adjudicate personal injury cases, federal courts are courts of limited jurisdiction by the terms of the constitution. They can only hear certain cases. Those cases include the United States as an active party, cases that bring into question violations of the constitution, other federal questions and then a big catchall: diversity cases.
A Terrible Set of Facts; An Unfortunate Result
A recent and tragic case brings home the proposition on just how cruel the law can be, or at least seem to be. A fourth grader in a Lynn public school had been the target of ongoing bullying. One morning, when the class was lining up to enter the school, he was pushed down the stairs. The child suffered a severe spinal injury, resulting in paralysis.
Law in Sports
It seems to me that the more you watch sports these days the more it calls for legal thinking. I’m not trying to elevate the profession of lawyers, but I am trying to say the interpretation of the rules in sports has become a complicated matter.
Truth in Litigation
Telling the truth in litigation is very, very important. Examples which I have in mind are telling your lawyer about any prior medical condition as well as giving a full and complete description of how an accident occurred.
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