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Massachusetts Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Wrongful Death, Estate Planning and Probate for Massachusetts on
Q: I will be receiving a settlement for a suit I filed for wrongful death of my father. It was product liability. I am the

Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... Read more »

Paul Baker
Paul Baker
answered on Mar 22, 2023

Show your lawyer the will, in which you are named sole beneficiary. Then emphasize that the money is going to end up with you anyway, and that going thru the estate process (filing with the Probate court, advertising your appt. as executor, etc) will be a worthless (and needlessly expensive)... Read more »

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: Is there an active class action suit against the makers of Achromycin or Tetracycline?

My teeth turned grey as a child and teen after ingesting this medicine used in my case to treat asthmatic bronchitis. I have seven real teeth left in my head after having the rest extracted.

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

A Massachusetts attorney could advise best, but your question remains open for a month. With many civil cases, you could look them up on unified state court system websites. But with class actions or multidistrict litigation, the venues could be nationwide, often on court dockets. Product liability... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: My car insurance paid a settlement to a bike rider who ran into my door. Can I appeal this decision?

The bike rider was unlicensed, driving at night without lights or reflectives. They also did not signal when riding and wove in between cars. I have dash cam footage to prove this. Why is my insurance company paying her a settlement when she was negligent?

William D. Keefe
William D. Keefe
answered on Oct 10, 2022

Good morning.

First, I'm not sure if you are referring to someone who was riding a bicycle or operating a motorcycle. I don't know of any license you need to ride a bike. In any event, not having a license is not proof of negligence.

Your insurance company has not only...
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1 Answer | Asked in Personal Injury for Massachusetts on
Q: Fell on broken chipped front steps icy, no railing.Broke Tibia in 2 n Fibia in 2 .11 weeks in hospital,what 2 do?

This landlord has many many problem properties n is well known there were only 3 steps and railings were broken off yrs ago.. bldg next door recently had fire was condemned yet City made him replace all 4 outside flights of steps they were so bad. I have pics of all,also 2 weeks b4 fall was told... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2022

A Massachusetts attorney could advise best but your question remains open for two weeks. You raise a number of questions, and the best way to answer them could be to try to arrange a free initial consult with a MA attorney. As a general practice nationwide, injury firms that handle slip and fall... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Massachusetts on
Q: I drove a girlfriend's car cross country for her to drive there. She broke it off and jerking me around

What should I do to stay out of trouble? She is not cooperating.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2022

Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: While at overnight camp my daughter was pushed by another camper which caused injury to her face. She has a laceration

Right above her eye. The camp brought her to urgent care the next day. She will have a permanent scar. Can I sue the camp?

Christopher H. Mingace
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Christopher H. Mingace
answered on Jul 29, 2022

There is a possibility that your daughter may be entitled to make a claim for her injuries. It will depend on several factors including the particular facts of the incident and any paperwork that was required to be signed prior to entering into the camp.

We would happy to evaluate the...
Read more »

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 »

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