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Questions Answered by Michael O. Smith
1 Answer | Asked in Wrongful Death for Massachusetts on
Q: My father was killed as a passenger in an auto accident I would like to get a lawyer to sue the driver?
Michael O. Smith
Michael O. Smith
answered on Jan 11, 2023

I strongly suggest you speak with an experienced wrongful death lawyer in your area to see if you have a viable claim. First, an administration of your Father's estate will need to be set up and I am assuming you would be the appointed as the administrator. In order to bring a claim for... View More

2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
Michael O. Smith
Michael O. Smith
answered on Jul 28, 2021

I concur with the previous answer. It is difficult to answer without further information. Generally speaking, if the WC insurer does not have permission by the Department of Industrial Accidents to stop your checks and you have not settled your case or gone back to work, then the stoppage of your... View More

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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Could I potentially have a malpractice claim?

Went to ER with abdominal pain. They only did a pelvic US & pregnancy test. No bloodwork. Doctor felt my stomach & said it was a gynecological issue & when I asked if it could be appendicitis he said no since the pain was lower than appendix pain. Told me to follow up with OBGYN... View More

Michael O. Smith
Michael O. Smith
answered on Jun 14, 2021

Sorry to hear about your situation and the complications you are experiencing. Clearly, you have suffered damages. The question will be whether the staff at the initial ER visit deviated from the standard level of care and due to their alleged mistake in failure to diagnosis, you were harmed.... View More

3 Answers | Asked in Personal Injury for Massachusetts on
Q: in MVA 11/5/19. other driver at fault. I have life changing injuries in excess of $10k. My atty never updates me.

I receive bills from hospital monthly. My attorney indicated he would take care of these but now the collections agencies are after me. My communication with atty at this point is as follows- I receive an ambulance bill or treatment bill for the 15th time now, I email it to him he tells me he will... View More

Michael O. Smith
Michael O. Smith
answered on Feb 17, 2021

I agree with the other two answers. You should ask your attorney for an in person meeting to review your claim in depth and figure out the issues with your outstanding medical bills. You should also have a talk with your attorney regarding the potential value of your case. Another important... View More

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a car accident in WI and it was not my fault (truck driver was cited). My insurance and license is in MA.

I alerted my insurer, Geico, about the accident but filed claim with Secura, the insurer for the truck driver, because Geico said I would have to pay deductible if I filed with them. Secura has been dragging their feet on doing anything. They have not yet had the adjuster look at car and it has... View More

Michael O. Smith
Michael O. Smith
answered on Feb 18, 2020

It sounds like you need an experienced personal injury attorney to help you. It is unclear from your question on which state the accident occurred in. You will most likely be covered by the laws of the state where the accident occurred. I strongly suggest you speak with an experienced personal... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Missed preeclampsia diagnosis, stillbirth, and eclampsia, do I have a case?

I experienced swollen feet before my fifth month of pregnancy, with a documented history of preeclampsia in my family (mother). I was never treated for it through my entire pregnancy. With receiving only one sonogram at around 12 weeks and no other during my entire pregnancy. At 27 weeks, I go in... View More

Michael O. Smith
Michael O. Smith
answered on Jan 29, 2020

I am sorry to hear about your unfortunate medical situation. In order to have a medical malpractice claim, you will need to show the doctors or medical staff deviated from the standard level of medical care in your area and that deviation caused your medical conditions. You will need to have... View More

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a car accident & now have osteonecrosis. I now realize it was from the accident what do I do?

I have sickle cell anemia but I had no complications until after the accident. The side of the impact is the side where my osteonecrosis ended up in my shoulder and knee. This left me in a ton of pain and now I have to change my way of life. I want to know what a good amount of money is to settle... View More

Michael O. Smith
Michael O. Smith
answered on Sep 29, 2019

There are a number of factors to consider when evaluating a motor vehicle injury claim. First, you will need to establish the operator of the second motor vehicle caused the accident and is 100% liable for the accident. You will also need to know the amount of insurance coverage there is... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Am I covered for Workman's Comp if I was injured walking from work to a work-affiliated parking garage?

My parking fees are taken out of my check weekly.

Michael O. Smith
Michael O. Smith
answered on Mar 5, 2019

In Massachusetts, there is a "going and coming" rule where normally, you are not covered under WC if you injured yourself going into work or after leaving work. That being said, your case could fall into an exception to the rule where you were planning to go to a company affiliated... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?

the boss is denying he told me to take the equipment, as I said I get paid mileage and once I have been driving for 1 hour my regular rate of pay starts, the auto accident was a roll over accident where I was ejected from the vehicle at 70 mph, I had to be med flighted to a hospital in boston, the... View More

Michael O. Smith
Michael O. Smith
answered on Oct 16, 2018

Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you... View More

4 Answers | Asked in Wrongful Death for Massachusetts on
Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
Michael O. Smith
Michael O. Smith
answered on Aug 17, 2018

Normally, the State would bring criminal charges against the Defendant for his/her actions including OUI manslaughter if there is enough evidence for the charges.

The family, next of kin of the deceased person would also be able to file a civil case against the defendant to seek a recovery....
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3 Answers | Asked in Wrongful Death for Massachusetts on
Q: How soon after the death can the survivors bring a wrongful death case?
Michael O. Smith
Michael O. Smith
answered on Aug 3, 2018

In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these... View More

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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Is there a maximum number of times I can file for workers' compensation in MA?
Michael O. Smith
Michael O. Smith
answered on Jul 16, 2018

There is nothing stopping you from filing a workers compensation claim provided its for a new injury and its within the statute of limitations. If you plan on filing another claim for the same injury and the claim has already been adjudicated, then you may run into problems. I suggest you contact... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I have back issues caused by my long commute to/from work. Can I file for workers compensation?
Michael O. Smith
Michael O. Smith
answered on Jul 12, 2018

Under the "going and coming" rule, normally an injury that occurs during your commute off the employer's premises and off the clock will not be covered.

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: I have been out on workman's comp since April I went to an orthopedic who recommended surgery got approved for it

Then about 6 weeks later they called and said they could not negotiate a price so I went to their doctors and now he wants physical therapy again and gave me a whole new diagnosis. Not sure if I should get a lawyer or not they are only paying me a little portion because I can go back light duty but... View More

Michael O. Smith
Michael O. Smith
answered on Jul 10, 2018

It sounds like your medical provider is looking for payment above the rates of reimbursement WC is required to pay and therefore will not proceed with the story. Or it's your doctor just changing is opinions regarding the need for future medical care.

I suggest you contact an...
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