Massachusetts Personal Injury Blog

Disappointing Tort Reform Imminent in Florida

On March 30, Florida took one step closer to enacting legislation that will severely handicap the rights of injury victims.  The bill, H.B. 145, now awaiting Governor Jeb Bush' s approval, will significantly curtail the rights of personal injury victims in Florida to sue multiple defendants for causing their injuries.  If the bill becomes law, it will mean that injury victims in Florida will no longer be able to use joint and several liability theories when filing lawsuits.  That means that personal injury victims have lost rights they previously had.

Since I am a personal injury attorney, I am of course opposed to nearly all attempts by interest groups and politicians to advance their own agenda via tort reform legislation.

Q & A about Massachusetts Homeowners Insurance Policies

Many Massachusetts homeowners are unclear about what and to what extent they are covered under their homeowners insurance policy.  It is important for all Massachusetts homeowners to be clear about their coverages.  Some common questions homeowners typically have are:

1.  Can my insurance company cancel my policy?

2.  Does my homeowners policy cover......?

3.  What are the responsibilities of me, and my insurance company, in connection with my homeowners policy?

4.  What happens when I sustain a loss and the insurance company won't pay me for the loss?

These and other questions are deftly answered by the Massachusetts Division of Insurance on their website.  Homeowners insurance usually kicks in when there has been property damage sustained to your home.  Or, it could be triggered if your dog bites/attacks someone and that person sustains injuries.  I recommend, as I do with auto insurance in Massachusetts, that you purchase as much insurance as you can afford. 

As always, please contact me with any Massachusetts insurance questions you may have.

Former Train Conductor Reaches 8.5 Million Dollar Settlement

Michael V. Kaplen, a personal injury lawyer in Manhattan who writes the Brain Injury News and Information Blog, posted an article today on his blog about a former train conductor who reached a settlement with his former employer stemming from a train crash that occurred outside of Los Angeles, Ca.  The reported amount of the settlement was $8.5 million. 

The man suffered a mild concussion following the accident.  But soon thereafter, he started exhibiting behavior and personality changes.  It was shown that the structure of his brain was substantially altered following the train crash.

Brain injuries can be devastating.  I invite you to contact me if you have been involved in an accident in Massachusetts and sustained injuries to your head.

Church Continues to Get Hit With Sex Abuse Claims

The Roman Catholic church continues to get slammed with more and more sex abuse claims.  It has recently been reported that in 2005 there were 783 new sex abuse claims filed against the Church.  Although numbers indicate that the number of claims has been diminishing, it appears the amount of settlement monies paid by the Church in connection with these claims continues to grow. 

There are roughly 12, 500 claims that have been filed against the Church since 1950 costing an astounding $1 billion in settlements. 

New CO Law Takes Effect in Massachusetts Today

You may recall last week that I posted an article on this blog regarding the new Massachusetts law which requires all Massachusetts homeowners to have carbon monoxide detectors installed on each and every level of their respective home.  That new law took effect today.

The impetus for this new Massachusetts law was the tragic death on January 28, 2005 of Nicole Garofalo who died due to an excessive build-up of carbon monoxide levels in her home.

This is a much needed law that hopefully will prevent senseless death's like Nicole's from occurring in the future. Carbon monoxide causes serious and oftentimes deadly personal injuries.  It is an insidious killer because it is an odorless and colorless gas that is nearly impossible to detect.  These new required detectors will sound in alarm in the home if CO levels reach high and dangerous levels.

Kudos to the Massachusetts legislature for enacting this much needed, and overdue law.

Book Suggestion - Nolo's "How To Win Your Personal Injury Claim"

For those people injured in minor accidents in Massachusetts, i.e., low medical bills and small damages, I would highly suggest Nolo's "How To Win Your Personal Injury Claim" written by Attorney Joseph L. Matthews.  If you are representing yourself in connection with your injury claim, this book can possibly assist you, assuming the case is a straightforward personal injury claim. 

If, on the other hand, you have been involved in an accident where your medical bills exceed $2500.00, I would suggest you hire an attorney for the simple fact that you will almost invariably win more compensation, even after the attorney takes a 1/3 contingency fee off the top, for your personal injury claim.

If you have been involved in a Massachusetts accident and feel that an attorney may be able to assist you, I suggest that you contact a Massachusetts attorney to represent you in your claim.

Here is a link to the Nolo website where you can find the book.  I have absolutely no financial interest in this suggestion, and I have no relationship with Nolo in any way.  Good luck with your claim!

Insurance Company Refuses to Insure Homeowner because of her Dog

Once again the insurance industry is cutting back on the types of dogs it agrees to insure.

According to the Insurance Information Institute, dog bite claims cost the insurance industry around $300 million dollars annually.  As such, dog bite claims are costing the insurance company big money and now they are trying to prevent further losses by refusing to insure dogs they consider to be too vicious or too dangerous. 

I found today an example of an insurance company failing, once again, to insure a dog owner.  Please click here for the full article provided by the Poughkeepsie Journal, and please contact me should you have any questions about dog bite law in Massachusetts.

Massachusetts Bans Same-Sex Marriage for Non-Residents

My friend and colleague, Grant Griffiths, Esq., a Kansas family lawyer who authors one of the most comprehensive legal blogs on the Internet, Kansas Family Law Blog wrote about a huge legal decision that came down from the Supreme Judicial Court this morning.  The decision bars non-residents from entering into same-sex marriages.

Please click here for a link to the full article provided courtesy of Jurist-Paper Chase.

Today's 'Blog of the Day'

I thought I would change things up a bit and feature a 'Blog of the Day.'  Today's featured blog comes courtesy of Allison C. Shields, Esq., a New York lawyer who is the President of Legal Ease Consulting, Inc.  This Company focuses its efforts on helping law firms increase their client base, as well as helping firms increase their overall efficiency.

You can visit the Legal Ease Blog here.

Introduction to Bad-Faith Insurance Claims

In Massachusetts, the conduct of insurance companies is largely governed by M.G.L. c.93A and M.G.L. c.176D.  These two respective statutes require that insurance companies who handle all claims, including personal injury claims, do so in a fair and reasonable manner.  Above all, insurance companies must not engage in practices that are unfair or deceptive.  If it is found by a court that an insurance company has engaged in unreasonable conduct with an insurance claim, that company can be subjected to a wide array of damages. 

It is important for you to be familiar with the standards of conduct that Massachusetts insurance companies are required to follow.  If you believe that your personal injury claim has been handled unreasonably and in bad faith by an insurance company, I would suggest you click on this link provided by FBIC, or, Fight Bad Insurance Companies, that provides great information about insurance companies, and how they are required to fairly process claims.

Please feel free to contact me if you believe that an insurance company has, or is, handling your personal injury claim unfairly or unreasonably.