Articles Posted in Product Liability

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Massachusetts Personal Injury Cases and Settlement Funding

This is a topic I deal with quite frequently when representing personal injury victims. Often, my clients will call me and tell me the accident they were involved in has financially harmed them so much, they are willing to take a loan out.  For example, suppose the client was riding a bicycle and was hit by a car.  The person may be really injured, racking up medical bills, and maybe lost wages, too.  Sometimes the client will see an ad on television from companies that provide funding to people injured in an accident and that have an open case pending with an insurance company.

The loan is typically financed by a pre-settlement funding company. When my clients ask me about this option, I try very hard to persuade them not to take out such a loan, because the interest rates can be very daunting.  Basically, the way it works is this: the pre-settlement funding company will closely analyze the client’s case, and loan application, and then decide whether or not the case is strong enough to guarantee the company will recoup their money, once the case settles.

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Millions of Americans have Medicare health insurance coverage.  Oftentimes however, when a Medicare beneficiary is involved in a personal injury event, dealing with Medicare can be a tedious and interminable process.

By law, Medicare has an automatic lien for any medical bills they paid out on your behalf in connection with medical treatment you received stemming from a personal injury case.  There is no way to avoid such a lien, and myself, and thousands of personal injury attorneys throughout America deal with the Medicare behemoth daily.

Therefore, if you have been injured in an accident in Massachusetts, or any other state, and you are a Medicare beneficiary, your attorney (or yourself if you are pro se) will have to work with Medicare to see to it that their lien is satisfied out of any settlement or verdict proceeds.  Because even if a case is concluded, Medicare can still pursue the beneficiary, and even the attorney, if Medicare discovers their lien was not satisfied.

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I came across yet another fantastically informative article over at the website of CBS Channel 3 of Springfield, MA.  This article gives you some great inf0rmation if you have been injured by a product in Massachusetts:

Q. What is Products Liability?
A. "Products Liability" is a term which describes the law of negligence and breach of warranty as it applies to manufacturers, repairers, sellers and suppliers of numerous types of products. Essentially, Product Liability law allows someone who has been injured or suffered property damage as a result of a dangerous and defective product to recover monetary damages so long as the injury or damage is causally related to the product's defect.

Q. What obligations or duties do manufacturers of products have?
A. A manufacturer of a product is under a duty to use reasonable care in designing and manufacturing its product. A manufacturer is also under a duty of care to inspect a product and discover and eliminate any defects before it leaves the manufacturer's possession, custody and/or control. However, this duty is one of reasonable care and not of absolute perfection.

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