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Massachusetts Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Massachusetts on
Q: Do I have recourse against EMTs and ER attendants who verbally and physically abused me? Can I refuse a bill?

Earlier this month I had what turned out to be a migraine with aura that was so severe I could not stand and was barely verbal. The EMTs who responded assumed, based on my medication for mental illness, that I was having a psychotic break. I protested as well as I could, but was very weak. They... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

Yes, but it won't be that big a case. Contact a member of the MassAcademy of Trial Lawyers in your county.

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... View More

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Massachusetts on
Q: I was involved in a car accident with a person operating a commercial or his company truck.

I want to file in the Small Claims Court of MA. Who do I sue? Him the driver? His company (T-mobile), or the insurance company T-mobile or him uses and denied my claim (that I want to dispute via the court system)? Thank you.

Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

If you were hurt, contact a member of the Mass Academy of Trial Lawyers--they give free consults. If not, you sue the registered owner of the vehicle--note the name--it may be T mobile of new England, or something else. Or just sue the driver.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: If a teen driver causes an accident, who is responsible - them or their parents?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 28, 2017

Is the teen a minor? If so, the parents might be held liable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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2 Answers | Asked in Personal Injury for Massachusetts on
Q: Did I get fooled? Did they take the 3000 from themselves and lie to me?

i got my settlement which was 12500 I got my check for 3320 after payment to lawyer and my medical bills But theres a deduction explanation which one says 3000 to Geico. Which I dont understand because I have the Geico medical payment plan in my policy. I was wondering did they fool me?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 9, 2017

Perhaps Geico paid for certain medical expenses that were also paid redundantly by the settlement, and so under most insurance policies the insurer would have to be repaid monies they paid you that the settlement paid for as well. Otherwise, you might have been double-paid for the same damages -... View More

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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?
Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

That's what's meant by joint and several liability. You wouldn't sue them. You would get a member of the Mass. Academy of Trial Lawyers to sue on your behalf (they give free consults, so why not get one?)

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Q: I called 911 for my husband who was having trouble breathing, passing out I called 911 and they transferred me 3 times

I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Can a pedestrian who was jaywalking sue a driver who hits them?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

Yes, but it depends on the degree of your comparative negligence.

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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2 Answers | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: Can you sue after a case is closed?

I was envolved in a case that has since been closed. Its a long story but to wrap it in a nutshell. Someone I hooked up with in college secretly video taped me and put it on the internt. I dont feel that I was provided with the right guidance by my college and I feel like the guy who did this to me... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Was there a court case or an internal college investigation? If there was already a court case on the issue, you cannot sue a 2nd time for the same wrong. Also you may be barred by the statute of limitations if you wait too long. See:... View More

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1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

My private documents were stolen out of my office space and used against me in a deposition by the thief given them to her attorney. Now they are using these documents to further explore and have a judge sepeona the rest of my records.

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

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.

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?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Sure there are. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: My boyfriend and I broke up but there's a dispute over who should get to take our cat. Both of our names are on the

adoption paperwork so how is this determined?

Peter N. Munsing
Peter N. Munsing
answered on Jan 14, 2017

Be odd and cruel to share custody. Make it whoever takes cat takes vet bills, all responsibility. See who wants it then.

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?

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

You should contact a member of the Mass Academy of Trial Lawyers about your situation. I suggest if you are in the eastern part of the state contact Tim Lynch--you can use my name.

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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?
Peter N. Munsing
Peter N. Munsing
answered on Nov 23, 2016

Yes. May not be a good case, but if you haven't already you want to contact your homeowners insurance.

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: My husband was in a car accident and is at fault.

Now I'm being threatened that the other people could go after my house, which I owned for 10 years before I got married. How is that possible?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Not sure who is threatening your but I suggest that you/your husband speak with the attorney that your company will give you. If the person who threatened you is quite incorrect, as it may be, they may have violated either bar asscoiation ethical considerations or the consumer protection act,... View More

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??
Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2016

In Massachusetts I believe the lead attorney was Mitchell Garabedian. Give him my regards.

And best of luck in your search for justice.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: My company did not follow procedure And had me work on blocking That was contaminated With asbestos. What should I do.
Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2016

Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.

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Q: Can a person file a claim only against the types of discrimination enumerated in the act against discrimination?

For example the MGLs against discrimination prohibit discriminating against a person on the basis of color, national origin, religion, sexual orientation, age, gender, marital status...etc

but there are cases when the discriminatory behavior is strongly and obviously manifest yet it is... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 7, 2016

Not enough information to tell. Suggest you talk to a member of the Mass Academy of Trial Lawyers who handles the area

involved (employment, education, putlic access, etc). They'll give you a free consultation.

1 Answer | Asked in Business Law and Personal Injury for Massachusetts on
Q: Business liability, am i liable?

I have a business membership with a few wholesalers, that allows my business to go inside the wholesalers to purchase items in bulk for the wholesale price. I have been lending this membership to one of my distance relatives. They have been using my business membership to purchase personal items.... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Possibly, more likely they would have a claim but the defense would be they weren't realy "business invitees" but trespassers.. Are the savings worth it to them? Sounds like a lot of hassle for a few bucks off. Also if anyone asks you could have your card hiked per terms of agreement.

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: I had a injury claim denied and years later my injru has prevented me from certain work.is company liable?

I injured my k ee at work,my claim was denied by Liberty mutual on the basis of lack of diagnosis by doctors.I am still in P.T.,I've had injections,MRIS,CT scans, and seen several specialists.prior to that I was testing out to be a Police Officer.I can no longer run therefore can not become a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Start by seeing a member of the Mass Academy of Trial Lawyers who handles comp. That is about all you can do.

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