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Massachusetts Personal Injury Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts on
Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2022

A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Owner occupied condominium. Father & son who was in a car seat. Tripped & fell over empty pill bottles from a unit owner
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 15, 2022

Unclear why information about car seat was included.. Sounds like a trip and fall personal injury case, but no inuries and damages referred to -but then also confused by the car seat reference.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

I'm disabled

Epipsy, PTSD and severe panic disorder.

After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 28, 2022

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: sister had stage4 throat cancer. When the feeding tube was being inserted they nicked her bowel and she has a big scar

Her scar is from under the breast to her naval. And she ended up in ICU.. Someone told us that we should get attorney. Is this something we should pursue

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2022

A Massachusetts attorney could advise best, but your question remains open for a week. However, it would be difficult for ANY attorney to answer your question based on the brief facts here. One option is to reach out to Massachusetts med mal attorneys. Most law firms that handle such cases offer... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Good morning. why am I unable to find representation on an assault case? as a plaintiff.

seems as though lawyers only want to handle cases involving corporations or insurance and ignore those who need a lawyer for a person vs person case.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 19, 2021

If the assaulting individual is not insured which is often the case as insurance coverage usually excludes willful acts and the assaulting person unless seriously mentally ill is acting willfully when assaulting another. Lawyers need to make a living like everyone else and unless the individual... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander and Personal Injury for Massachusetts on
Q: As a survivor of Assault and Battery, is there anything I can do?

I am a victim of Assault and Battery. It occurred on the 9th of September and I am still in physical therapy with back and neck injuries. The hospital discharge summary says Assault, as well as other medical records and also the police report. I've had a harassment prevention order extended... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2021

file assault charges; contact your local DA's office and ask for the victim assistance coordinator.

2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Is a deposition necessary when a party is accepting liability in a car accident?
James A.  Swartz
James A. Swartz
answered on Jun 10, 2021

Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage,... Read more »

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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... Read more »

Steven A. Schwartz
Steven A. Schwartz
answered on Feb 16, 2021

Lawyers are no different from plumbers or electricians. If you are not happy with the services you are getting, you can always switch. It is important to have confidence in your attorney and that he or she is working in your best interests and satisfying your concerns. Communication is probably... Read more »

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: Can a MVA claimant come after a separate insurance policy (different carrier/vehicle) for their "loss"?

Was in MVA in Massachusetts. My vehicle in accident had "full coverage" to Mass standards. My name was on another vehicle as a co-borrower with a separate insurance policy (different carrier, different vehicle) and person suing me wants to come after the policy for the OTHER vehicle... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2020

A Massachusetts attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, I believe your understanding of the operation of insurance coverage is correct, particularly since the carriers are different. At this point, you've probably turned the... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Massachusetts on
Q: Is it malpractice or negligent to have someone count used needles At an exchange program?

My fiance brought in a bin of used needles and was made to open dump and count a used syringe bin by hand that wasnt hers, and she was poked by an exposed syringe in the process. What should she do about this.

The nurse was aware that the bin wasnt hers and the needles were from a hep c... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2020

A Massachusetts attorney could answer best, but your question remains open for two weeks. Before making that determination, an attorney would likely want to investigate the incident, including the facility's standard operating procedures and routine protocols. It's possible it could be... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Last March, I slipped on a metal plate and hurt my hips and back, can I get damages?

I went to physical therapy for quite awhile and also to Pain Management for cortisone and a nerve blocker. The pain has gone from horribly sharp to an ache, which is worse when I am tired, however now it affects my left side as well as my right. Because of it, the things I love to do, such as... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2020

A Massachusetts attorney could advise best, but your post remains open for two weeks. It sounds like you sustained damages, but the other element that needs to be determined here is whether your injuries are attributable to the negligence of another party. You could contact Massachusetts injury... Read more »

1 Answer | Asked in Civil Rights, Personal Injury and Small Claims for Massachusetts on
Q: Does using a person’s deadname in a school yearbook constitute any legal action?
Tim Akpinar
Tim Akpinar
answered on Jul 2, 2020

A Massachusetts attorney could advise best, but your post remains open for two weeks. In terms of practicality, it would be a case that presents challenges. In terms of textbook law, it could depend on the mental state with which it was done, on one end being innocent oversight to the other end... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: My 2 year old granddaughter fell through second story Bedroom window when the screen ripped open from the bottom.

Is the property management liable? She obtained significant facial injury.

David Tapalian
PREMIUM
David Tapalian
answered on May 29, 2020

I'm very sorry to hear about the situation. This is a very fact intensive issue. Property management and/or the landlord could in fact have some liability for this accident. If that were the case and they were found to be responsible then it is possible that their insurance would compensate... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Massachusetts on
Q: My husband fly back to US for treatment and he passed away on may 2,.2020. I cannot fly there because of this pandemic

So the daughter from he's first marriage was there and arrange for the funeral. And I was shocked for what I read about my Husband Obituary. Listed thier mother as he's wife and longlife love to there father! even they knew that thier father married to me and I have all the evidence our... Read more »

Tim Akpinar
Tim Akpinar
answered on May 24, 2020

I'm very sorry for the loss of your husband. You ask what to do. As a first step, you should consider contacting an attorney who works with wills and estates. Toward the end of your detailed post, one of the last items you mention is a will and your concerns about its disposition. As for any... Read more »

1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: My Landlord gave 2 of my puppies away, that I intended to keep. officer told him to get them back, he has not done so.

This morning he assaulted me and bit me the officers I've called have seen it yet they will not Do anything what can I do.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 21, 2020

Have you received medical treatment for same? Are there any scars? You may have a harassment claim against the landlord and if there have been three harassing incidents by this person you can obtain an order from the district court for your locality, but there are special rules under the COVID... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: In an auto accident case can an insurance company be liable for more than the coverage limits in a no fault state (MA).
Tim Akpinar
Tim Akpinar
answered on Apr 12, 2020

A Massachusetts attorney could advise best, as auto insurance is governed by state law. But you await a response for two weeks. As a general matter, the insurance carrier is liable for the limits of the policy. The first figure is the per-person limit, and the larger second figure is the... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: what does it mean to have a lean in a case insurance mass health Medicare or Medicaid

The party has made me offer of 22,000.00 medical bills are 30,000.00 my lawyers say there waiting my medical records for Medicare they have the lean will I get paid

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2020

Your own attorney could explain this best to you under any applicable provisions of Massachusetts law, but your question remains open for two weeks. A lien means the entity that provided you with something (here it was medical services covered by the government) wants its money back. The general... Read more »

2 Answers | Asked in Personal Injury and Real Estate Law for Massachusetts on
Q: I fell through the broken staircase in Nov 2017 at my Fiancée’s rented apartment. Do I have a case?

at my Fiancée's rented apartment in November 2017. One of the back stairs on which I was standing suddenly broke and I fell through it on the floor below. We Immediately called an UBER and rushed to emergency room. I had injuries on my legs, back, stomach sides and arms. Plus, it is causing... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 21, 2020

Hello, This is not a real estate case but a personal injury premises liability case.

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1 Answer | Asked in Landlord - Tenant, Criminal Law and Personal Injury for Massachusetts on
Q: Landlord has video camera in bedroom catching us shower naked and is being nasty to us now. How can I win a lawsuit?

My husband and I rented a condo in Norton, MA. We have the contract. Landlord put camera at front door and one of the bedroom. Landlord also did not fulfill the contract because they have their dad staying there for two months. They were our friends so we did not want to make a big deal. I personal... Read more »

Kristen Greenwood
Kristen Greenwood
answered on Dec 21, 2019

In my experience as a criminal defense attorney, my first suggestion would be to go to the police to report that you've been video recorded in the bedroom of the apartment you were living in. Provide them with as much proof as possible of these videos, as well as a lease/contract to show you... Read more »

3 Answers | Asked in Personal Injury for Massachusetts on
Q: My daughter was clipped by a plow on Saturday night and is traumatized by the incident. Do I have a case?

Unfortunately she was wearing dark clothing but was walking with the traffic. She had her cell phone light on down by her side and other cars were avoiding her. When I spoke with the police and I asked if the driver was intoxicated, mind you this gentleman tried pulling my daughter into his truck... Read more »

Steven A. Schwartz
Steven A. Schwartz
answered on Dec 9, 2019

So sorry to hear about your daughter. My gut tells me that this may not be worth pursuing, especially if your daughter's injuries are minor. It sounds like the police report is not helping the situation, noting your daughter's dark clothing. The other issue not mentioned is that you... Read more »

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