That generally depends on one thing: Notice. If it can be shown that the store had notice of the substance you fell on, then you may have a claim. Notice can be established in one of three ways. One, that the store created the substance you fell on, and failed to…
Through the years I have noticed there are some common questions that most clients ask at the beginning of their case. Here are some answers to these common questions, which hopefully are of assistance to you if you have been injured by the fault of someone else: 1) Do I…
In order to have a successful slip and fall case in Massachusetts, negligence must be established. Negligence is one of three prongs of tort law (the two others being strict liability and intentional wrongs, but more on these in future posts). Negligence is defined by Black's Law Dictionary (Second Ed.)…
If you have suffered this misfortune, here are some things you need to be aware of: 1) There is now a three statute of limitations for claims against the MBTA; 2) Notice of your accident should be sent – via Certified Mail, Return Receipt Requested – to the MBTA legal…
According to USA Today roughly 19 million visitors pass through Boston each year. It is no surprise given all that Boston has to offer. With such a huge number of visitors, it is no wonder that many are injured. Many visitors are injured in car accidents, slip and falls, and other types of accident cases. Visitors…
Those who have been injured by the negligence of someone else often lose time from work, rack up medical bills, and suffer a host of other problems. Getting a damaged car fixed, going to medical appointments, dealing with insurance companies, all take time and aggravation. That is the bad news. The…
I recently blogged that the MBTA , due to recent legislative changes, is now subject to caps on its liability in the amount of $100,000.00. An exception to the $100,000.00 cap is when there is a "serious bodily injury" which the legislation defines as "bodily injury which results in a permanent…
Some slip and fall cases are stronger than others. Of course, even if your case is not strong, that does NOT mean you do not have a case worth pursuing. Here are some elements that characterize a strong personal injury case: 1) Good photographs were taken which show the area of…
Generally in Massachusetts, if you slip and fall at a retail store, the store will refuse to give to you a copy of the incident report. The insurance adjuster assigned to your claim will also refuse to give to you a copy, even if you have an attorney working the case…
1) It compensates for the medical treatment the injury victim had to endure; 2) It covers the medical bills and liens that must be paid out of the settlement; 3) It adequately compensates injury victim for lost wages, and if applicable, future lost wages or impairment of earning capacity; 4)…