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Massachusetts Personal Injury Questions & Answers
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 lawsuit... Read 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... Read 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 conduct your own... Read 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... Read 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 vehicle &... Read 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, but the client has so many debts... 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?
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 time does... Read 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 flooded my... Read 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... Read 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... Read 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
David Alan Wolf 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 recommended... Read 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... Read 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 broke... Read 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... Read 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 you... 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 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... Read more »

1 Answer | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Massachusetts on
Q: Can I walk my dog after hours on School grounds During summer months?

Dog is leashed, licensed, neutered and microchip

Updated with all its rabies. Bathed and groomed. Water is supplied for walks.

William Head
William Head answered on Aug 22, 2017

You forgot to mention whether your dog wore a diaper. The issue for schools is that children play outside (recess) and if poop piles litter the landscape, guess who gets to clean up the kids, once they get poop on them? Don't ask me how they get poop on them, but they will.

If it is a law,...
Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: I rent a house - am I responsible for any injuries on the sidewalk in front, or is the owner?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 13, 2017

It depends on the cause of injury. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: I was in a car accident -- two other cars, one of the drivers was uninsured

- does that mean I won't get fully compensated?

David Alan Wolf
David Alan Wolf answered on Jul 20, 2017

Your ability to get compensated will depend on the amount of coverage in place, the severity of the injuries, the amount of the medical bills, and the potential claims of other injury victims (if any). Contact an attorney to find out the totality of coverage and the next action steps to take to... Read more »

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