Massachusetts Personal Injury Blog

Injured on a Boston Street or Sidewalk? You May Be Out of Luck

If you have tripped or fallen on a Boston sidewalk or street, and sustained injury, you face a grim reality.  G L c. 84, Sec. 15 places a $5000.00 cap on these claims.  That is right!  No matter how serious your injury, how much your medical bills amount to, and how much in lost wages you have incurred, you are still stuck with the $5000.00 cap if a defect on a street or sidewalk caused your injuries.  This law must change as it is simply absurd and unjust.  Here is the actual language of the law:

Section 15. If a person sustains bodily injury or damage in his property by reason of a defect or a want of repair or a want of a sufficient railing in or upon a way, and such injury or damage might have been prevented, or such defect or want of repair or want of railing might have been remedied by reasonable care and diligence on the part of the county, city, town or person by law obliged to repair the same, he may, if such county, city, town or person had or, by the exercise of proper care and diligence, might have had reasonable notice of the defect or want of repair or want of a sufficient railing, recover damages therefor from such county, city, town or person; but he shall not recover from a county, city, town or local water and sewer commission more than one fifth of one per cent of its state valuation last preceding the commencement of the action nor more than five thousand dollars; nor shall a county, city or town be liable for an injury or damage sustained upon a way laid out and established in the manner prescribed by statute until after an entry has been made for the purpose of constructing the way, or during the construction and repairing thereof, provided that the way shall have been closed, or other sufficient means taken to caution the public against entering thereon. No action shall be maintained under this section by a person the combined weight of whose carriage or vehicle and load exceeds six tons.

Charlie Weis Loses Medical Malpractice Trial

This disappointing news comes courtesy of the Boston Globe:

Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago.

Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, said he doubted that his client would try to appeal the decision.

“Obviously, Mr. Weis and I are disappointed. We recognize these cases are very difficult. They involve very complicated medical facts, and the jury listens to very different views on complicated medical facts. Medical malpractice cases are very difficult.

“We will consider an appeal, but we have no intention to do so. There are no issues that came up at the trial that would appear to be the basis for an appeal.”

Mone said Weis was flying back to South Bend, Ind. this afternoon and couldn't be reached for comment.

Weis contended in his lawsuit that Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin had acted negligently by allowing him to bleed internally for 30 hours after the procedure June 14, 2002.

Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor's parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.

Personal Injury Mediation Information

I found this post over at San Francisco Mediation: A Better Solution authored by San Francisco Attorney Paula M. Lawhon that caught my attention because of its informative analysis of mediation in the context of a personal injury case.  It deftly chronicles the mediation process from start to finish.  If you will soon be involved in a mediation, irrespective of the type of case you have, I recommend checking out this post:

Here's an example of a recent personal injury mediation from a serious car accident (with some details changed to protect the privacy and confidentiality of the parties and the mediation):

The parties at the mediation were the injured woman (the plaintiff) and her attorney as well as the insurance carrier and the attorney appointed by the insurance carrier to defend the driver against the plaintiff's claims of serious personal injury from the car accident. The driver was not present because the insurance carrier and its attorney were there to represent his interests and they had the authority needed to make the decisions. (This is why we pay for car insurance.) The plaintiff was seeking almost $1 million in damages.

The Forum for Massachusetts Law

Do you have a question about Massachusetts law?  If you do, I recommend checking out the The Forum for Massachusetts Law.  There you will find questions to your Massachusetts legal questions.  Whether it be a divorce, real estate, criminal or any other question about the laws in Massachusetts, The Forum for Massachusetts Law is a good place to start.

Thinking of Going Solo?

Although this blog is aimed at informing Massachusetts injury victims of their rights following a personal injury event, I do from time to time like to mix it up.  So, if you are a solo attorney or an attorney with ambitions to go solo, you need to read Build a Solo Practice, LLP authored by Connecticut attorney Susan Cartier Liebel.  There, you will find that Susan kindly shares her wisdom related to, among other things, how to expand a solo law practice.  I recommend this blog to all of you solos and aspiring solos out there.

Introducing the "Massachusetts Slip and Fall Information Blog"

I am pleased to announce the launch of my third blog, The Massachusetts Slip and Fall Information Blog which like this blog, is aimed at informing Massachusetts injury victims of their rights and remedies following an accident.  But this new blog will be more nuanced and will concentrate solely on Massachusetts slip and fall law.  I hope you enjoy this new blog!

Miscellaneous Massachusetts Auto Insurance Information

Here is some miscellaneous information about auto insurance in Massachusetts:

Collision coverage in Massachusetts is optional coverage, but I strongly suggest you buy it.  Although collision coverage can be expensive you need it in case your car is damaged in an accident with another vehicle.  This coverage will pay for the damage to your vehicle.  Although collision coverage can sometimes be expensive (as opposed to liability coverages) you need to have it.

Comprehensive coverage is optional in Massachusetts.  This coverage will protect you if your vehicle burns, is vandalized, stolen, damaged by an animal, or damaged by mother nature.

Property damage coverage in Massachusetts is required with a minimum of $5000.00 in coverage.  This coverage will pay for property that you damage if you cause an auto accident.  I suggest you buy $100,000.00 in property damage protection.

A deductible is the amount of money that you are required to pay.  If you have a $500.00 deductible, you are contractually responsible to pay the first $500.00, and then your carrier pays the rest.  The lower your deductible, the higher your premiums cost.  The higher your deductible, the less expensive are your premiums.

Injured Due to the Negligence of the MBTA?

If you have suffered this misfortune, here are some things you need to be aware of:

1)  There is only a two year statute of limitations for claims against the MBTA;

2)  Notice of your accident should be sent - via Certified Mail, Return Receipt Requested - to the MBTA legal department located at the Transportation Building in downtown Boston;

3)  The MBTA generally, through the Treasury Department, only has money at or around July 1 of each year to pay out on claims;

4)  After your accident, make sure the MBTA creates an accident report of the incident;

5)  The MBTA does not give away money; litigation is often (if not always) necessary with personal injury claims against the MBTA.

The Maryland Lawyer Blog

Maryland personal injury attorney Ronald Miller, author of the Maryland Injury Lawyer Blog, has set up a new blog called the Maryland Lawyer Blog.  Although the blog is brand new, I can tell that Ronald is off to a great start on this one.  Check it out even if you are not a Maryland attorney, as it will provide interesting and informative reading for anyone interested in the law.