Articles Posted in Slip and Fall Accidents

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Oftentimes when a person living in Massachusetts is injured in a slip and fall, and has Mass Health coverage, Mass Health will have a lien for any money they paid toward your medical bills for treatment related to the accident.  That means that before you can get your money out of your slip and fall settlement, Mass Health must be paid back.  Usually, Mass Health will negotiate a bit to take into account that your attorney is taking part of the settlement and that there are likely some expenses as well that were incurred in bringing the case forward.  Usually, however, Mass Health does not significantly reduce their liens against Massachusetts slip and fall case settlements. 

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Unfortunately, sometimes the attorney/client relationship can break down for a number of reasons. If you are unhappy with your slip and fall lawyer, you can change lawyers at anytime, and you don’t even need a reason.

Whether it be lack of communication, failure of the attorney to move the case forward, or lack of willingness to fight for what is fair with the insurance company, a client may need to take his file to another attorney’s office for handling. You are not penalized at all for making the change.

If you need to change slip and fall lawyers, you have that right and your attorney cannot demand any fees before giving you your file. Best of luck with your case, and call me right now at 617 338 7400 for a free consultation!

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There are a number of factors that come into play when an attorney decides whether or not to take on a personal injury case for a client.  Here are some, but not all, of those factors:

1) Has the Statute of Limitations run (it is different for different types of cases)?

2) Was the client injured?

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Slip and fall cases can be challenging to win at trial in Massachusetts.  Each county in Massachusetts is unique and within each county sits jurors with unique life experiences with their own opinions regarding whether or not injury victims are deserving of compensation.  Defense lawyers and insurance claims adjusters, when evaluating a claim, consider the county where the action is pending in evaluating a claim's value.  Here is a link to an informative survey that reveals generally the juror tendencies of the various counties of Massachusetts:

http://www.harmonie.org/user_documents/massachusetts.pdf

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With all of the recent snowfall we have had here in Massachusetts the past few weeks, conditions outside have been extremely dangerous.  With such an inclement weather brings a marked rise in slip and fall and trip and fall accidents.  Such accidents often cause very serious injuries. 

If you, a loved one, or a friend, has experienced this misfortune, I invite you to call 617 338 7400 for a completely free, no obligation consultation.   Please note this blog, as well as my Slip and Fall Blog, is rife with information pertaining to all things related to Massachusetts slip and fall cases.  I look forward to potentially helping with you case.

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How Insurance Companies Value Personal Injury Cases

Although no two insurance companies have the same approach, there are some common elements on how insurance companies value personal injury cases.  Here are some, but not all of them:

1) Is liability on the part of the insured person(s) or company clear, and if not, is there any liability at all? An example would be a a slip and fall accident claim.  The insurance adjuster will closely analyze and evaluate whether or not the insured could be considered negligent in causing, or contributing to the accident.

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Massachusetts Slips And Falls In Stores

Massachusetts slips and falls in stores happen all the time.  Many of my Massachusetts slip and fall clients have the misfortune of falling while shopping.  Whether it be at the local coffee shop, or while shopping for groceries, or shopping for clothes, people are injured much too often at stores.  It is shocking how common these accidents occur. Oftentimes, store owners fail to make sure their stores are reasonably safe for customers.  That is what typically causes these accidents.  This branch of law is called premises liability.

It is important to keep in mind however that not ever fall (and resulting injuries) are the legal fault of the respective store.  Rather, before the store can be held liable for your injuries, it must be shown the store had notice of the condition you claim caused your injuries.

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This week I had a motor vehicle accident case scheduled to go to trial.  Unfortunately, for the second time, the court either did not have enough judges and/or jurors so the trial has been delayed once again.  The chances of the case proceeding to trial on its newly scheduled date are slim.  Hence, do not be at all surprised if you and your attorney(s) need to go to court more than a few times before you actually have your case presented in front of an actual jury.

Courts in Massachusetts are financially limited and this impacts everything, including trial dates, so be prepared for potentially many, many delays of your trial.

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What Is Negligence?

Negligence in Massachusetts, and in all states, means failing to act reasonably in a situation and causing injury to a person(s) as a direct result.  As a Boston accident lawyer, negligence is the lynchpin of each case my office handles. Whether it be a Massachusetts car accident, slip and fall, or any other type of personal injury case, the injury victim must prove the following elements in order to win a negligence case against a defendant:

1) The defendant owed the plaintiff a duty of care.  This means that the one who caused the injuries had a legal duty to act in a reasonable manner toward the victim.  An example of a duty of care is that we all have a duty while driving not to drive into the rear of the car in front of us.

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