Lawyers, Answer Questions  & Get Points Log In
Massachusetts Personal Injury Questions & Answers
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
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.

View More Answers

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 »

View More Answers

Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Hi I want to know if someone like kid or senior citizens walk by then a brink wall fall on the them from small business

That got hurt .But it's the landlord who does fix the brink wall that tennent was trying to get the landlord to fix the wall , how fine if the landlord will get if a kid or senior citizens hurt and not fix the wall

Tim Akpinar
Tim Akpinar answered on Oct 26, 2019

A Massachusetts attorney could advise best, but your question remains open for a week. Responsibility for the wall could depend on how the lease was written - it could be either or both. As a general matter, it would usually be the property owner who would be liable to kid or senior citizen in the... Read more »

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal... Read more »

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... 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... 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... 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,... Read more »

View More Answers

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... Read more »

View More Answers

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... 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.