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Massachusetts Personal Injury Questions & Answers
3 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Personal Injury for Massachusetts on
Q: Officer threatened me during a traffic stop; seeking damages and accountability.

During an unlawful traffic stop, the officer threatened to assault me, claiming to smell marijuana and said he would rip me out of the car if I didn't give it up. I told him multiple times that I don't smoke and had nothing in the car. I received a ticket but successfully contested it... View More

Lissa McKinney
Lissa McKinney
answered on Apr 14, 2025

This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or... View More

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2 Answers | Asked in Business Law, Personal Injury and Insurance Bad Faith for Massachusetts on
Q: As next of kin, do I have rights to view my deceased father's life insurance policy held by his ex-girlfriend in Massachusetts?

As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2025

A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More

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1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Personal Injury for Massachusetts on
Q: Legal actions against contractor for unfinished work in Lynn, MA

I hired a contractor in March 2022 for a project in Lynn, MA, and paid $175,000 of the contracted $180,000. The contractor failed to complete the kitchen renovation and other work, resulting in water damage estimated at $25,000 and charging $20,000 for an unfinished kitchen. Despite attempts to... View More

Christopher Tolley
Christopher Tolley
answered on Feb 20, 2025

I assume you have spoken to him and made demand on him and asking for the money or the work to be corrected has been fruitless. You will have to seek the services of an attorney to pursue him legally. You may be able to obtain partial relief from the Massachusetts guaranty fund:... View More

1 Answer | Asked in Personal Injury and Insurance Defense for Massachusetts on
Q: Good morning I was in a car accident, i did not sustain much physical damage, Yet I was not able to use the bathroom.

For about a week and when I decided to go and give it a push It was painful and I started bleeding, mind you I do not have any prior problems healthy all around, that lasted for about 5 months I had a terrible pcp and I had to see another DR, the first did not help, my lawyer told me that it's... View More

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2025

A Massachusetts attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. As far as those things you added to the car, PD adjusters do not always consider them. That would be the adjuster's call and the... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

James L. Arrasmith
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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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1 Answer | Asked in Workers' Compensation and Personal Injury for Massachusetts on
Q: Can I sue the insurance company for negligence due to inadequate lighting at work?

I am currently receiving workers' compensation from my employer for an injury that occurred due to inadequate lighting on the stairs at my workplace. On November 4, 2024, I fell and suffered severe injuries, including tearing the quadriceps tendons from my kneecaps. My company has been paying... View More

Michael Levin
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Michael Levin
answered on Apr 18, 2025

The short answer to your question is no, you can't sue your employer's workers' comp. insurance for the poor lighting. The long answer is more complicated. First, you wouldn't be suing your employer's workers' comp insurance for the poor lighting; you would be suing... View More

2 Answers | Asked in Personal Injury and Health Care Law for Massachusetts on
Q: COVID-19 vaccine personal injury case in Massachusetts

I received a COVID-19 vaccine in Massachusetts in 2020 and have experienced constant body pain since then. I have not filed a claim for vaccine compensation injuries. I seek advice on what steps I can take regarding a possible personal injury case related to the vaccine.

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2025

I'm sorry about your symptoms. As my colleague mentions, a starting point could be the VICP. Here is the link for their website:

https://www.hrsa.gov/vaccine-compensation

Good luck

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1 Answer | Asked in Libel & Slander and Personal Injury for Massachusetts on
Q: Can I sue my Walmart pharmacist for libel and slander in Massachusetts?

I would like to know if I can sue my Walmart pharmacist for libel and slander. I called the pharmacy to check if my prescription could be filled, and the pharmacist accused me of drug-seeking, despite my explanation of having a brain injury and short-term memory loss. He proceeded to call my doctor... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to pursue legal action for libel or slander, but it will depend on whether the pharmacist's statements were false, harmful, and made with the intent to damage your reputation. For slander, the false accusations need to have been made verbally, and for libel, they would... View More

1 Answer | Asked in Car Accidents, Personal Injury and Estate Planning for Massachusetts on
Q: Are daughters liable if father with dementia gets in an accident?

I have a question regarding potential liability if my father, who has been diagnosed with Alzheimer's and Lewy Body Dementia, has an auto accident while driving. Although his neurologist has stated that local driving is permissible, and he has a clean driving record with no tickets or... View More

James L. Arrasmith
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answered on Apr 12, 2025

As long as your father has been cleared to drive by his neurologist and has a clean driving record, you and your sisters are unlikely to be held legally liable for any accidents he may cause. Liability for an accident generally falls on the driver and their insurance, not on family members unless... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Massachusetts on
Q: Do I have a malpractice case from a hospital misdiagnosis in November 2024 in Boston, MA?

In November 2024, I was brought to a hospital in Boston, MA, unconscious from a slip and fall. I was mistreated due to being mistaken for a different patient with the same name. Despite repeatedly giving my name, I was misdiagnosed after an X-ray, which missed my fractured hip. I was left on a... View More

James L. Arrasmith
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answered on Apr 12, 2025

What you went through sounds traumatic and unacceptable, and it's understandable that you’re still seeking answers. In Massachusetts, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm. Based on what you've... View More

1 Answer | Asked in Libel & Slander, Internet Law, Civil Rights and Personal Injury for Massachusetts on
Q: Falsely accused of online libel via anonymous Twitter account; next steps?

I am being falsely accused of online libel involving an anonymous Twitter account, which I did not create or own. The accuser insists it's my account despite both the lack of evidence on their side and the fact that I've presented proof of my non-involvement. I spoke on behalf of someone... View More

James L. Arrasmith
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answered on Apr 7, 2025

First, it’s important to gather and organize all the evidence you have. Keep the screenshots of interactions, along with any proof that shows you had no involvement with the anonymous Twitter account. This will be key if the situation escalates. Make sure you document the timeline of events,... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Personal Injury for Massachusetts on
Q: Can I sue my pharmacist for libel and slander after false drug-seeking accusations?

I would like to know if I can sue my pharmacist for libel and slander. I have a brain injury that causes short-term memory loss. Recently, when I called my pharmacy to refill a prescription, the pharmacist accused me of drug-seeking behavior and yelled at me. Despite explaining my condition and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You may have grounds for a valid defamation lawsuit against your pharmacist based on the facts you've described. In California, defamation requires proving the pharmacist made false statements that damaged your reputation, which appears supported by their unfounded drug-seeking accusations... View More

2 Answers | Asked in Medical Malpractice, Personal Injury, Identity Theft and Consumer Law for Massachusetts on
Q: Do I have a case for medical mistreatment and misidentification after a hospital visit in MA, November 2024?

In November 2024, I was brought to a hospital unconscious by ambulance after a slip and fall. At the hospital, my identity was mistakenly recorded, despite providing my legal name multiple times. My fractured left hip was initially missed in the x-ray, and I was left on a stretcher, ignored despite... View More

Christopher Tolley
Christopher Tolley
answered on Apr 2, 2025

This is a question for a medical malpractice attorney. I think we are not supposed to give you actual names of attorneys but if you check the internet the big local firms will come up, Lubin & Meyer, Crowe & Haris, etc. Try one of them.

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1 Answer | Asked in Civil Rights, Employment Law, Personal Injury and Public Benefits for Massachusetts on
Q: Can I sue my sister in MA for abuse, harassment, and privacy invasion?

I have a situation involving my sister, who is my representative payee. She has been abusive and taken over a bank account worth millions with her husband. I am handicapped and live in a group home, which adds to my challenges. She has also invaded my privacy and continues to harass me. I am... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds deeply troubling, and I understand your frustration with your sister's behavior. When someone is appointed as a representative payee, they have a legal duty to act in your best interests, and abuse of this position could potentially form the basis for legal action in... View More

1 Answer | Asked in Products Liability and Personal Injury for Massachusetts on
Q: Can I sue a drug company for warned side effects causing harm?

I experienced significant harm due to side effects from a drug, even though the drug company provided sufficient warning labels or information about these side effects. Despite the warnings being adequate, can a drug company still be sued in this situation?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Massachusetts attorney could advise best, but your question remains open for a week. This sounds like it could be a tough case. Reach out to law firms that handle pharmaceutical drug-based product liability cases. It would be fact-specific, based on the reasonableness of your actions, and the... View More

1 Answer | Asked in Real Estate Law, Personal Injury and Civil Litigation for Massachusetts on
Q: Liability for car damage in shared driveway during snowstorm

I share a common driveway with six neighbors, and the section of the driveway where the accident occurred is owned by Neighbor A. During a snowstorm, Neighbor A's daughter was obstructing the uphill section of the driveway as she struggled to drive up. She made several unsuccessful attempts... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2025

A Massachusetts attorney could advise best, but your question remains open for a month. This is a difficult setting. You could raise the argument that had she let you pass, the accident would not have occurred, and that you had reason to be anxious about being struck by her. She could raise the... View More

Q: rules of engagement with reporting substandard living to local BOH . inspected and confirmed no enforced. Recourse ?

9 inspections

Compliance word orders issued and ignored and not enforced

Lied about suing my landlord

Then refused to inspect or follow up

Refused to provide me inspection reports

Told me sarcasticly “good luck in court “

I have 50 active... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this challenging situation. It’s important to keep detailed records of all communications and violations you've documented. This evidence can be crucial when presenting your case.

Consider reaching out to a local tenant rights...
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1 Answer | Asked in Personal Injury for Massachusetts on
Q: I live in a homeless shelter in MA. One of the workers decided to place a lock on the restroom door. Is this legal?
Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Unlikely, and i would certainly approach management and clearly state this is a health and safety code violation. Good luck!

1 Answer | Asked in Domestic Violence, Sexual Harassment and Personal Injury for Massachusetts on
Q: I also need a Civil lawyer that covers sexual abuse as well.

As I have gotten SA’d within the facility and got written up and laughed at just for trying to report it. They even tried to take my phone away and took the program phone away for a week hoping I couldn’t get a sane test. They were forcing me to give up my pregnancy results which violates... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

A Massuchusetts attorney could advise best, but your question remains open for three weeks. You're seeking an attorney, and this forum isn't set up like an attorney referral service. I'm sorry for your ordeal. In addition to your own searches, you could look into the "Find a... View More

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