I was injured in an auto accident. My car was parked in a Westwood shopping plaza and I was pulling something out of the trunk of my car and was hit from behind by another vehicle. I think my personal injury protection coverage will cover my medical expenses and days out of work, but I was wondering if I had a personal injury case against the driver of the other car?

ATTORNEY ANSWER:

Under Massachusetts law, the auto insurance company that issued the PIP (personal injury protection) insurance on the car you were in at the time of the accident will pay the first $2000.00 of your “reasonable and necessary medical bills”, regardless of who was at fault. In other situations where the injured party was not in a car, like when a pedestrian or a cyclist is hit and injured, the insurance company that insures the vehicle that struck the pedestrian or cyclist will pay $2000.00 of the reasonable and necessary medical bills incurred by the injured party. From that point, any medical bills beyond $2000.00 must be submitted to your private health insurance company for payment. When the health insurance coverage is drained, or if the injured party does not have health insurance coverage, then the PIP insurer remains on the hook for up $8000.00 per individual claimant. Under Massachusetts’ scheme of automobile tort liability, plaintiff may not recover for pain and suffering arising out of defendant’s operation of motor vehicle unless reasonable and necessary expenses incurred in treating plaintiff’s injury exceed $2,000 or you have suffered a broken bone; however, a plaintiff who fails to meet the $2,000 threshold may still sue for damages which are not related to pain and suffering, such as lost wages, to the extent that those damages exceed coverage under the state’s personal injury protection program.

So, yes, you may file suit against the driver of the other car in a personal injury case as long as your pain and suffering exceeds $2,000.

Westwood Personal Injury Attorney, Alan Segal serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Westood, Needham, Dedham, Canton, Norwood, Walpole, Medfield, and Dover.

I slipped and fell on a puddle of water in the bathroom of local Needham store. I have 2 hairline fractures, one in my hip and another in my shoulder. There was no “caution/ wet floor” sign and there was one witness. I’ve missed many days of work and am now out of sick days. I know I will miss more days of work as my doctor has recommended physical therapy. Do I have a personal injury case and can my employer fire me because I’ve missed so much work?

ATTORNEY ANSWER:

Yes, you may have a case. The grocery store, like all other businesses open to the Massachusetts public, has a duty to to use “reasonable care” to maintain their property. An owner of a store or other business establishment must keep his or her floors free of conditions causing slipperiness, and in order to fulfill this duty, the store owner must inspect and clean the premises on a regular basis and must warn his or her customers of hazards they may encounter.

In your case, you would be required to prove that the water was on the floor long enough before you slipped that the store should have known about it. Since fault is not based on strict liability in an action arising from a slip and fall accident on the store premises, a spill that is not shown to be caused by the store owner, but more likely caused by another customer, does not alone create liability, and the customer also must prove that the store owner breached its duty of reasonable inspection and care of the premises. In order to impose liability on a store owner for injuries sustained by a customer in a fall allegedly caused by a slippery substance on the floor, there must be evidence of the alleged dangerous condition causing the injury and that the store or other property owner had notice of the dangerous condition.

This requires a thorough investigation of the source of the water, the store’s policies and procedures to inspect the bathrooms, etc. The failure of the store to employ a caution sign may or may not matter. If for example, the water was left by a customer mere seconds before you entered the bathroom, it is not reasonable to expect the store to learn of the spill and place signs. If, on the other hand, it appears that the store failed to use reasonable care under the circumstances of your case, e.g., the water you slipped in was very discolored from many other customer’s shoes (indicating the water was present for some time), then you potentially have a winning case. Your money damages are determined by the nature and extent of your injuries, not from the fact that the store may be legally culpable or failed to use reasonable care.

There are other ways of establishing negligence in slip and fall cases, and part of that requirement involves showing that the store or other property owner had notice of the dangerous condition.

On the issue of missing work, unfortunately, the employer could terminate you if you miss too much work.  Most employment situations are at will positions.  Since you were not injured on the job, the employer has no obligation to keep you on the payroll if you are unable to work.  However, the loss of your job is another element of your damages if have a good case against the store owner.

Needham Personal Injury Lawyer, Alan Segal provides legal representation to victims of personal injury in the Greater Boston region and all of Massachusetts including the cities and towns of Needham, Newton, Dedham, Westwood, Dover, Natick, Wellesley, Wayland and Weston.

If you’ve been injured due to the negligence of another, call us

If you believe that you have been injured by someone else’s negligence, it is important that you contact our Needham Personal Injury Attorneys to discuss your case. There are laws in Massachusetts that provide deadlines for you to bring your claim or you will lose your right to bring it altogether. Only experienced attorneys can properly advise you on your time limits after he or she has had a chance to discuss your case with you. Contacting a Massachusetts attorney early on in your case can also help to ensure that the insurance adjuster for the other side does not take advantage of you. He or she is trained to find a way to defeat your claim and is not working in your interest.

Needham Personal Injury Attorneys  and Wrongful Death Lawyers:

• Automobile Accidents
• Motorcycle Accidents
• Truck Accidents
• Construction Accidents
• Head/Bodily Injury
• Permanent Disability
• Paralysis
• Wrongful Death
• Defective Products
• Nursing Home Injuries
• Insurance Claims

Needham MA Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

How many times can someone legally cancel a deposition pertaining to a personal injury lawsuit? What can I do?

ATTORNEY ANSWER:

Legally, the other party may cancel any and all depositions until they are subpoenaed by the court and forced to do so. You may file a motion to compel the deposition with the court in an attempt to force the other party to attend the deposition. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court in which the action is pending. The other party can be held liable for fees and damages for your lost time and expenses.

You can also request that a special master be appointed to oversee the deposition practice and procedure. The court may order or the special master may decide to attend the deposition. A party may request the attendance of the special master at a deposition, if a party reasonably believes it is necessary. The special master may decide the time, date, and place for the deposition, the length of the deposition and who may be present at the deposition.

If a party disagrees with a decision of the special master, the matter may be brought before the court. Each party and the special master shall submit proposed orders to the court. A party who has acted arbitrarily or in bad faith in bringing the matter before the court may be subject to sanctions as the court deems appropriate, including counsel fees and/or special master fees.

Medford MA Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

I was rear-ended on Route 9 in Framingham, MA by a delivery truck of a pretty large company and my neck was injured in the accident. I got the name of the driver and the insurance information but was curious about the liability of the company. Who is liable- the driver? the company? or both? I already went to the doctor and am seeing a chiropractor now. Thanks.

ATTORNEY ANSWER:

When you’ve suffered personal injuries due to the fault of someone else, that person is responsible to pay you damages for your injuries. If the wrongdoer is an employee working for an employer or company when he or she causes the injuries, then the employer or company may also be held responsible if the employee was acting in the course and scope of his job at the time of the accident. If so, then the employer is liable together with the employee. Note, however, that you only collect your damages once. That is, the insurance company that pays you damages on behalf of the employee and/or employer only pays for your damages once even if both the employee and employer are both at fault (for example an employer fails to fix the brakes on a delivery truck and the driver fails to pay attention while operating the defective truck and strikes you.) Note also that even if the employee is attending to his own business while working (such as stopping at the bank to cash a personal check), the employer will be held liable as long as the employee is in the process of “substantially furthering” his or her employer’s business.

One other twist: sometimes people are not employees but rather “independent contractors”. Generally, an employer of an independent contractor is not responsible for injuries caused by the independent contractor. However, there are exceptions, such as an independent contractor who performs an “ultra-hazardous” activity such as blasting. Hence, little variations or changes in the facts may have severe legal implications as to whether or not you will be able to recover all of your damages. Therefore, if you’ve been injured and there is a question of the employment status of a potential defendant, it is very important that you seek legal counsel as soon as possible.

Framingham MA Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

My wife and I live in the Greater Boston area and often host dinner parties where we serve alcoholic beverages.  Does the social host law mean that if you serve alcohol at a party that you can get sued if your guests get in an accident and hurt someone? Thank you in advance.

ATTORNEY ANSWER:

The Social Host Law in Massachusetts provides for a fine of up to $2,000, imprisonment for up to a year, or both. The social host law now holds Massachusetts homeowners and their teenagers more accountable.

The Social Host Law applies to both guests under age 21 and adult guests. If your guest was under age 21 and you allowed him to consume alcohol, you committed a crime. It is against the law to serve minors alcohol and allow them to consume it on any premises you control. Violation of a criminal statute is powerful evidence that you were negligent. If your guest was an adult who was visibly impaired, you were negligent if you permitted him to drink alcohol at your home.   You are negligent if you permit an impaired and/or underage guest(s) to drink at your home.

A person charged under the law can expect to face a civil lawsuit as well. The civil law holds you liable because the likelihood of your impaired or underage guest(s) injuring or killing a third person is so great. If an underage guest leaves a party and causes a motor vehicle accident involving personal injury or death, both the underage guest and the party host may be liable. Under the principle of joint and several liability, if two or more parties are civilly liable, then any one of them may be required to pay the entire amount of the judgment. You could be forced to pay the entire judgment if the underage guest cannot afford to pay. Recent judgments in these cases have been over $1,000,000.

A drunk driver who is ordered to pay a civil judgment cannot avoid paying by declaring bankruptcy. It is possible a social host can avoid paying a civil judgment if he is bankrupt, but there is a growing trend to prevent this from happening.

Your insurance policy MAY cover a judgment against you as a social host. However, it will most likely not be enough to pay the judgment. If you are also charged criminally, then it is possible that your policy will not cover the civil judgment.

Greater Boston Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

My wife and I rented a beach-side home in Gloucester MA this summer.  We invited some guests and one of the guests tripped and injured herself. She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the homeowners liability?

ATTORNEY ANSWER:

Generally, the home renter has a responsibility to inform the landlord of any defects or any unsafe conditions on or about the property. The tenant or any guest rightfully on the property injured as a result of the failure to correct said unsafe condition within a reasonable time will have the right to sue the landlord for damages. Any waiver of this provision in any lease or other rental agreement to hold the landlord harmless, or exonerate the landlord from any or all liability to the tenant, or to any other person, for any injury, loss, damage or liability is void and unenforceable.

Gloucester MA Personal Injury Lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

ATTORNEY ANSWER:

Your home will be protected if you had prepared, filed, and recorded a Homestead Declaration for your real estate. If you have not yet filed a Homestead Declaration, it may not be too late. If you did, this will protect your home from forced sale to satisfy any eventual attachments or judgments. It will not, however, prevent a lien from being placed on your property. It will protect up to $500,000 in equity in your home. It is not regarded as a transfer for purposes of the fraudulent transfer law so that it is perfectly legitimate to do this in the face of a lawsuit. If the plaintiff has already obtained an attachment on your home prior to filing a homestead you are out of luck.

Often time, your insurance company will hire counsel to defend the claim. Frequently, individuals will retain counsel of their own to monitor the case and to defend over and above the insurance policy. Your counsel will make sure insurance counsel does his or her job and will push for settlement within the policy limits.

Massachusetts personal injury lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

Massachusetts personal injury lawyer, Attorney Alan Segal is based in Needham, MA and serves the Greater Boston region and all of Massachusetts in all personal injury accident claims and cases, including the cities and towns of Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.