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Massachusetts Personal Injury Questions & Answers
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... 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... 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... 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 C. Head
William C. 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...
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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 »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Do I have recourse against EMTs and ER attendants who verbally and physically abused me? Can I refuse a bill?

Earlier this month I had what turned out to be a migraine with aura that was so severe I could not stand and was barely verbal. The EMTs who responded assumed, based on my medication for mental illness, that I was having a psychotic break. I protested as well as I could, but was very weak. They... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

Yes, but it won't be that big a case. Contact a member of the MassAcademy of Trial Lawyers in your county.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: If you are partly at fault for an accident can you still sue the other side?
Steven A. Schwartz
Steven A. Schwartz answered on May 26, 2017

I am not sure what type of accident you are referring to, but typically you can make a claim for injuries as long as you are less than 50% at fault for the incident. However, the fault that is attributed to you can affect the amount you ultimately receive. For example, if you are determined to be... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Massachusetts on
Q: I was involved in a car accident with a person operating a commercial or his company truck.

I want to file in the Small Claims Court of MA. Who do I sue? Him the driver? His company (T-mobile), or the insurance company T-mobile or him uses and denied my claim (that I want to dispute via the court system)? Thank you.

Peter N. Munsing
Peter N. Munsing answered on May 3, 2017

If you were hurt, contact a member of the Mass Academy of Trial Lawyers--they give free consults. If not, you sue the registered owner of the vehicle--note the name--it may be T mobile of new England, or something else. Or just sue the driver.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: If a teen driver causes an accident, who is responsible - them or their parents?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 28, 2017

Is the teen a minor? If so, the parents might be held liable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: injured at work in January I was denied my claim 4 months later they asked me to go to a Independent doctor what for

If they already denied my claim

Steven A. Schwartz
Steven A. Schwartz answered on Apr 20, 2017

The worker's compensation carrier is entitled to have you examined by an independent doctor of their choosing. However, you are free to treat with any doctor of your OWN choosing.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: Did I get fooled? Did they take the 3000 from themselves and lie to me?

i got my settlement which was 12500 I got my check for 3320 after payment to lawyer and my medical bills But theres a deduction explanation which one says 3000 to Geico. Which I dont understand because I have the Geico medical payment plan in my policy. I was wondering did they fool me?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 9, 2017

Perhaps Geico paid for certain medical expenses that were also paid redundantly by the settlement, and so under most insurance policies the insurer would have to be repaid monies they paid you that the settlement paid for as well. Otherwise, you might have been double-paid for the same damages -... Read more »

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Q: I called 911 for my husband who was having trouble breathing, passing out I called 911 and they transferred me 3 times

I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 31, 2017

I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: If two different drivers are responsible for your injuries do you sue both of them?
Peter N. Munsing
Peter N. Munsing answered on Mar 31, 2017

That's what's meant by joint and several liability. You wouldn't sue them. You would get a member of the Mass. Academy of Trial Lawyers to sue on your behalf (they give free consults, so why not get one?)

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: Can a pedestrian who was jaywalking sue a driver who hits them?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

Yes, but it depends on the degree of your comparative negligence.

See: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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