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Questions Answered by Steven A. Schwartz
3 Answers | Asked in Car Accidents for Massachusetts on
Q: If my husband was driving on a suspended license, but got injured and wasn't at fault can he sue the other driver?
Steven A. Schwartz
Steven A. Schwartz answered on Dec 14, 2018

Potentially, yes. The fact that he has a suspended license is a different issue and he will have to answer for that. However, being injured by someone else's negligence is a separate matter and he would have the same rights as anyone else. There are certain threshold requirements in MA that... Read 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?
Steven A. Schwartz
Steven A. Schwartz answered on Aug 6, 2018

In Massachusetts on a regular negligence claim, you typically have 3 years to file a complaint in the court system or else your claim is barred and lost forever. Unfortunately, if you have complications after the three years, but never filed suit, your claim is gone.

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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: If my workers' comp claim gets approved, what percentage of my pay will it cover?
Steven A. Schwartz
Steven A. Schwartz answered on Feb 7, 2018

In Massachusetts, you would receive 60% of your average weekly wage.

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

Steven A. Schwartz
Steven A. Schwartz answered on Feb 7, 2018

It certainly sounds like worker's compensation laws apply here. Worker's compensation should pay for your medical bills as well as a worker's compensation wage for time you need to be out of work. There are more details about that, but that is the general answer for you. I suggest you contact a... Read more »

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1 Answer | Asked in Social Security for Massachusetts on
Q: I'm looking to appeal an SSI app. so i'm looking for a pro bono(free) lawyer to help me but i don't know how to find one
Steven A. Schwartz
Steven A. Schwartz answered on Oct 16, 2017

I assume you are looking for a pro bono lawyer because of your ability to pay an attorney out of your pocket at this time. The good news is that social security disability attorneys typically work on a contingency fee basis, which means they only get paid IF they win you benefits...and the pay... Read 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... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: If you are partly at fault for an accident can you still sue the other side?
Steven A. Schwartz
Steven A. Schwartz answered on May 26, 2017

I am not sure what type of accident you are referring to, but typically you can make a claim for injuries as long as you are less than 50% at fault for the incident. However, the fault that is attributed to you can affect the amount you ultimately receive. For example, if you are determined to be... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: injured at work in January I was denied my claim 4 months later they asked me to go to a Independent doctor what for

If they already denied my claim

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

The worker's compensation carrier is entitled to have you examined by an independent doctor of their choosing. However, you are free to treat with any doctor of your OWN choosing.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: If two different drivers are responsible for your injuries do you sue both of them?
Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

You would make claims against both drivers and their insurance companies.

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3 Answers | Asked in Criminal Law and Car Accidents for Massachusetts on
Q: I have two dui's in the mid west I served my time for and did what was required of me over 16 years ago now I live in MA

How do I now get my license

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

Have you contacted the Registry of Motor Vehicles here in MA? That would be the first place I would start. If they are giving you a hard time, what is the issue?

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2 Answers | Asked in Traffic Tickets and Car Accidents for Massachusetts on
Q: Is it illegal to drive driving wearing socks and no shoes in massachusetts?

I want to drive in socks but do not want to break the law. Do I need to wear shoes, or is driving barefoot/ in socks okay?

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

To my knowledge, there is no requirement in MA that says you have to wear shoes. However, I would suggest driving in socks. You are definitely safer with shoes!

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2 Answers | Asked in Car Accidents and Landlord - Tenant for Massachusetts on
Q: can i ask my landlord to pay for damages to my car?

my landlord is responsible for snow removal at the apartment complex i live in, yesterday during a bad snow storm i slid into a tree because the maintenance man was in surgery so couldn't come plow the roads in the complex

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

You may have a claim against your landlord, but it may be a difficult one to make. An attorney would need to ask more questions about the conditions of your complex at the time of the accident.

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3 Answers | Asked in Personal Injury for Massachusetts on
Q: I heard that the government has immunity in situations when you're injured on public property. Are there any exceptions?
Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

It is possible to still make claims, but the best first step is to seek a free consultation from an attorney who concentrates in these types of MA cases. One example: there is a $5000 cap to damages that you can receive for injuries caused by a defect in a public way (sidewalk or street). Call... Read more »

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3 Answers | Asked in Car Accidents and Products Liability for Massachusetts on
Q: What is product liability

I need advice on how to deal with the situation involving a motorist breaking through my fence and hitting my camper in my yard I need some advice

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

You certainly may have a claim if a driver negligently broke into your yard and caused damage. Have you contacted this person's insurance company?

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2 Answers | Asked in Personal Injury for Massachusetts on
Q: I got injured at a friend's party when the deck I was on collapsed.

He had just had it built recently and claims I should sue the contractor for my medical bills. Is the that correct path to take or should I request that he sue the contractor and try to collect through him?

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

Our office has handled many deck collapse cases. I would suggest that you would likely be bringing a claim against the homeowner and the contractor for the work done.

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2 Answers | Asked in Traffic Tickets and Car Accidents for Massachusetts on
Q: Can I come out less than 50% at fault?

I was in the left lane of a two lane road. Up ahead in the right lane, a van was stopped and had the hazard blinkers on. The vehicle in front of me that was on the right lane saw the van ahead and put the left blinker on to merge into the left lane. I let the vehicle into the left lane. Before... Read more »

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

The law in MA says you must give yourself enough distance between the car in front of you and yourself and be ready for unexpected situations like this. Rearenders are difficult to prove you were less than 50% at fault. I don't think you would be successful here given your description of the... Read more »

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3 Answers | Asked in Personal Injury for Massachusetts on
Q: Can I be sued by a relative's estate if she was living with me when she fell down the stairs and died?
Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

Yes, although it can be difficult because the injured party is unable to testify about the circumstances.

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2 Answers | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: Can someone give me the names of the attys that handled the church abuse cases??
Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

Our office worked on many of these cases. Happy to speak with you in confidence.

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2 Answers | Asked in Car Accidents for Massachusetts on
Q: This may sound strange. but can I appoint myself as co-counsel in my own personal injury lawsuit, If I have a lawyer?

My reason is, I don't feel I'm getting full disclosure from my attorney regarding settlement offers. Also I believe we have different objectives, Her objective being milk this for as much as it's worth and my objective to settle now and put this mess behind me.

Thanks in advance for any... Read more »

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

The biggest issue I see here is that you do not have confidence in your attorney and that is a big problem. You only have one shot at this, and it is critical that you have confidence that your attorney is serving your best interests. If you haven't done so already, I would speak with your... Read more »

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