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Massachusetts Personal Injury Questions & Answers
Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... View More

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an... View More

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Hi I want to know if someone like kid or senior citizens walk by then a brink wall fall on the them from small business

That got hurt .But it's the landlord who does fix the brink wall that tennent was trying to get the landlord to fix the wall , how fine if the landlord will get if a kid or senior citizens hurt and not fix the wall

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2019

A Massachusetts attorney could advise best, but your question remains open for a week. Responsibility for the wall could depend on how the lease was written - it could be either or both. As a general matter, it would usually be the property owner who would be liable to kid or senior citizen in the... View More

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal... View More

1 Answer | Asked in Personal Injury and Domestic Violence for Massachusetts on
Q: Mental Anguish

I am a female who was involved in an abusive relationship for 7 months in Massachusetts in 2012. Because of the relationship I became severely mentally ill and am still ill and receiving Social Security disability. I've been unable to work full time since 2013. Would I be able to file a... View More

Karen Piso Nadeau
Karen Piso Nadeau
answered on Aug 14, 2019

I am sorry for your terrible situation. I assume this abuse happened while you were age 18 or over. Unfortunately, I believe the statute of limitations would bar any claims you may have. Typically, you have three years from the time of the incident to bring a lawsuit. The time has likely passed... View More

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Massachusetts on
Q: I was involved in a prolonged period of exposure of Cellulube 220 onboard the USS Independence (CV-62), circa 1984.

I have become debilitatingly ill, e.g. demyelinating brain lesion, Arachnoiditis, etc, but my healthcare team and the VA do not see a causative link to my documented exposure.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2019

Thank you for your service. I'm sorry to learn about your illness stemming from exposure to Cellulube. You would get the most meaningful guidance from a law firm that handles veteran's benefits, and I don't think there is a tab for that in the Find a Lawyer section here. You could... View More

1 Answer | Asked in Personal Injury, Health Care Law and Identity Theft for Massachusetts on
Q: I have been a victim of medical identity theft and need help to figure out what steps to take to correct this.

My health was used multiple times for ambulance rides, hospital and doctors visits. Now, I need help to rectify the damage done to my credit and medical records

Tim Akpinar
Tim Akpinar
answered on May 16, 2019

Contact your health insurance carrier without delay to notify them of the security breach. If you receive bills for co-payments or other uncovered charges, contact the entities doing the billing (hospitals, physicians, ambulance services, etc.) and coordinate with your insurance carrier to... View More

1 Answer | Asked in Personal Injury for Massachusetts on
Q: A bicyclist ran a red light and hit my car in the middle of an intersection. He was injured and wants me to pay his

medical bills but do I have to if he was at fault?

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2018

I don't practice in Massachusetts, but your question hasn't been picked up in four weeks. In many jurisdictions, bicyclists are subject to the same rights and duties as motor vehicles, which generally means compliance with the same traffic regulations. An attorney familiar with motor... View More

2 Answers | Asked in Personal Injury for Massachusetts on
Q: Is there a legal maximum percentage that a lawyer can take out of a personal injury settlement?
Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

The fee has to be reasonable. A lot depends on the "settlement." Many people have liens on their cases, some even go for "settlement funding" which is a rip off, so they see the attorney getting "more than they did" when the attorney is usually only getting a third,... View More

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2 Answers | Asked in Personal Injury for Massachusetts on
Q: I heard there's a time limit on filing a suit, but what if i get add'l complications as time goes by?
James A.  Swartz
James A. Swartz
answered on Aug 3, 2018

Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over... View More

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: Can I file a personal injury case against the person who knowingly gave me an STI?
Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

Unfortunately no, simply b/c you practiced unprotected sex.

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Massachusetts on
Q: I'm petitioning my college for a refund on room and board — should I ask for more?

I pay $60K/yr at my college. This year, the lock on my dorm has stopped working several times and I've had to pay to get let back in. The residence department did nothing to fix the issue when I contacted them.

Most recently, someone flooded the bathroom upstairs, which in turn... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 13, 2018

Only if you develop a problem from the mold. Ask for a meeting with the person in charge of residence halls. If they don't give you one then contact a consumer attorney with the Mass Academy of Trial Attorneys in your area.

1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Can filling out a PIP claim potentially get me in trouble?

I was recently in an accident which was my fault, and taken to the hospital after as a precaution. Since the accident occurred in a rental car my insurance turned it over to the rental company's insurance for medical expenses. They have asked me to fill out a PIP claim.

Prior to the... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

No.

1 Answer | Asked in Personal Injury and Products Liability for Massachusetts on
Q: I was injured at Bj's wholesale Club by a broken carriage.

I grabbed the front of the carriage and not realizing it the rusty metal pierced my skin about an 1/8 of an inch. The metal splinter went through my ring finger, I was bleeding. I called for help and the manager on call got a splinter kit. Unfotuantly, the splint needle was too thick and the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

Yes, but your damages are what they are not what could have happened. If you still have problems you need to return to a doctor.

2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: Hi, I was personally injured at work and have been out of work due to injury for a week. Do I apply for workmans comp?

I dislocated my knee carrying a child downstairs performing job duties and reported incident to supervisior. Do not know if I am covered by workmans compensation for this or what course to pursue

David Alan Wolf
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answered on Feb 7, 2018

An injury is covered under worker's compensation if the worker is injured during the course and scope of employment. It would appear that your injury would be covered by worker's compensation. You should contact a local worker's compensation attorney to discuss your legal rights and... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: I got into a car accident due to the the negligence of the apartment owners. The parking lot was an ice sheet.

I hurt my back, and I hit another car.

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Assuming you were a tenant you also have a contractual claim. However, ice cases are trickier than you may think. Contact a member of the Mass Academy of Trial Lawyers(if the fall was in Mass)--they give free consults. If your claim was in Ct. give me a call and I can recommend some people. If you... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Massachusetts on
Q: How do I go about finding if somebody has homeowners insurance and whether I would be covered

I was helping a friend put shingles on his roof and the board where I had my footing wasn't nailed down enough I was sitting down and I went sliding down the roof I broke my ankle in two spots I have to wear a cast for 18 weeks and they may have to go back in to remove fractured bones I also... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2017

Consult a member of the Mass Academy of Trial Lawyers --they give free consults. If you need names of such persons in Eastern Mass give me a call.

1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Who pays our medical bills in this situation if we did not have insurance at the time of the accident?

My gf and I reside in MA and we're hit in NH. Other driver struck us from behind and pushed us into another truck. He admitted all fault. Our insurance company apparently cancelled our insurance without our knowledge about ten to fifteen days before. Now we cannot get proper medical attention... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 20, 2017

Apply for MA. Lobby to get ACA to cover people like you (sorry but I get a little tired of hearing people didnt have coverage but never wrote or phoned their legislators to get it for everyone--that's why it has to be everyone, so people like you in your situation get covered). So the problem... View More

1 Answer | Asked in Personal Injury for Massachusetts on
Q: A car two in front of me stopped suddenly and then turned -- the car behind me hit me -- who is at fault here?
Steven A. Schwartz
Steven A. Schwartz
answered on Sep 29, 2017

You did what you were supposed to do. You were able to stop in an emergency situation and you are supposed to be ready for emergencies like this that lie in front of you. The car behind you did not. He or she was arguably driving too close to you and unable to stop. The car behind would be... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Massachusetts on
Q: Can an organisation be held vicariously liable for the action of it employee causing harm to another employee of others?

The question is : can an employee of a company or the company itself or jointly be sued for the malicious act of that employee causing an employee of another company to lose his/her job without justification?

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 14, 2017

If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if... View More

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