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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Personal Injury
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 MoreRole of the Project Manager or Project Superintendent
The Role of the Construction Site Project Manager or Superintendent Important concepts that your lawyer should pursue in establishing fault on the General Contractor in a construction accident Construction sites have one person in charge. That man or woman is the “captain of the ship”. I will refer to the person as the PS. The Read More
Read MoreHow Might COVID-19 Change the Way Personal Injury Cases Are Litigated?
How Might COVID-19 Change the Way Personal Injury Cases Are Litigated? Like most other activities where in-person interaction is required, personal injury lawsuits have been disrupted by the COVID-19 pandemic. This can put serious stress on parties who are looking to achieve a legal resolution to disputes stemming from auto accidents, falls and other times Read More
Read MoreWhat Types of Personal Injury Claims Might Result from COVID-19 Exposure?
What Types of Personal Injury Claims Might Result from COVID-19 Exposure? COVID-19 exposure has led to a litany of serious health issues and tens of thousands of deaths. Though everyone’s health is top priority, afflicted individuals and family members of those who have been lost might wonder what type of claims can be brought in Read More
Read MorePresenting Your Case at Mediation
I recently learned that many plaintiff lawyers are deciding to forgo a presentation at the start of a mediation. You may know from past blogs that mediation is increasingly used as a form of alternative dispute resolution. Virtually every major case is mediated. Whether the mediation was worthwhile is the subject of another blog. Often mediation can be successful.
Commonsense View of Fault in a Fall Down Case
As you are aware by now, many of my blogs have dealt with the concept of landowner liability. Maybe that’s just a fancy way of referring to an owner of property. For example, many such personal injury cases involve a commercial establishment which has a duty to maintain its property, inside and out, in a reasonably safe manner. From my experience, I would have to say that one very helpful factor, one that has come up a lot in recent cases, is if the condition that causes the accident has been a long standing condition.
Thoughts on the Processing of a Personal Injury Case
Over the past several years the point of these blogs has been to try to educate the consuming public, to those who might have a case or those wondering about the lawsuit/litigation process. As in any profession, there can be misconceptions about what happens. In the past I’ve discussed how long a case takes. Certainly there are no hard and fast rules on that.
A 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.
Four Elements of Negligence
Negligence by any other name is… negligence. Of course, to be sure, there are terms that we can use to illustrate what negligence is: a civil wrong, fault, failure to act as a reasonable and prudent person, individual, corporation, professional, etc. Negligence can entail acting (not just failing to act) but in a way that is below the commonly accepted standard. To prove negligence, the client must have sustained an injury that falls either under bodily harm, or harm to property.
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