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Massachusetts Personal Injury Questions & Answers
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
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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... View 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... View 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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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 -... View 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... View 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,
Ali Shahrestani,
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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2 Answers | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: Can you sue after a case is closed?

I was envolved in a case that has since been closed. Its a long story but to wrap it in a nutshell. Someone I hooked up with in college secretly video taped me and put it on the internt. I dont feel that I was provided with the right guidance by my college and I feel like the guy who did this to me... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Was there a court case or an internal college investigation? If there was already a court case on the issue, you cannot sue a 2nd time for the same wrong. Also you may be barred by the statute of limitations if you wait too long. See:... View More

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1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

My private documents were stolen out of my office space and used against me in a deposition by the thief given them to her attorney. Now they are using these documents to further explore and have a judge sepeona the rest of my records.

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.

3 Answers | Asked in Personal Injury for Massachusetts on
Q: I heard that the government has immunity in situations when you're injured on public property. Are there any exceptions?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Sure there are. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: My boyfriend and I broke up but there's a dispute over who should get to take our cat. Both of our names are on the

adoption paperwork so how is this determined?

Peter N. Munsing
Peter N. Munsing
answered on Jan 14, 2017

Be odd and cruel to share custody. Make it whoever takes cat takes vet bills, all responsibility. See who wants it then.

2 Answers | Asked in Personal Injury for Massachusetts on
Q: I got injured at a friend's party when the deck I was on collapsed.

He had just had it built recently and claims I should sue the contractor for my medical bills. Is the that correct path to take or should I request that he sue the contractor and try to collect through him?

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

You should contact a member of the Mass Academy of Trial Lawyers about your situation. I suggest if you are in the eastern part of the state contact Tim Lynch--you can use my name.

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: can my friend sue a man for manipulating her into having a relationship so he can pay her school. she is 19 and he is 79

now she is 21 and he wants to leave her. but she feels devastated and torn after all she's been through

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

I don't hear a basis for a lawsuit here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: Legal Reparations for Sexual Assault at 13?

I am currently a 17 years old male. At the age of 13 I was sexually assaulted by a neighbor. This neighbor and her husband, used to be very close with my family. Close enough, that my family trusted them to take my brother and I fishing. After these fishing trips, they brought us to a cemetery to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

You can report the crime to the police and also consider filing a civil lawsuit as soon as possible. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... View More

1 Answer | Asked in Criminal Law and Personal Injury for Massachusetts on
Q: I found a pornographic video of me online that was recorded and posted without my permission and I was a minor in.

It was recorded when I was 14 years old on omegle chat site, I never gave permission for it to be recorded or for it to be posted. What can I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Contact the police re: your statutory rape and child pornography allegations. If you're seeking civil remedies for privacy invasion and aggravated statutory rape, the best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... View More

3 Answers | Asked in Personal Injury for Massachusetts on
Q: Can I be sued by a relative's estate if she was living with me when she fell down the stairs and died?
Peter N. Munsing
Peter N. Munsing
answered on Nov 23, 2016

Yes. May not be a good case, but if you haven't already you want to contact your homeowners insurance.

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1 Answer | Asked in Personal Injury for Massachusetts on
Q: My husband was in a car accident and is at fault.

Now I'm being threatened that the other people could go after my house, which I owned for 10 years before I got married. How is that possible?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Not sure who is threatening your but I suggest that you/your husband speak with the attorney that your company will give you. If the person who threatened you is quite incorrect, as it may be, they may have violated either bar asscoiation ethical considerations or the consumer protection act,... View More

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