Massachusetts Slip and Fall Information Blog

A Brief Introduction About Who We Are

Thank you for visiting our blog.  Two months after becoming a lawyer, I started my practice in February 2005 in Charlestown, Massachusetts and decided to dedicate my career to representing the injured.    Since that time, my practice has quickly grown.  My office is now in downtown Boston, and 2.5 years ago, I hired my first associate, David Green, Esq. , who handles both litigation cases, as well as workers' compensation cases.  We also have a great secretary, Tamara, who speaks Spanish and assists us with all of our Spanish-speaking clients.

We are extremely proud of the fact that many of our clients have referred their family and friends to our firm because we have earned their trust and confidence.  Most of all, we are proud of the personal attention we provide to all of our clients, no matter how small, or how big, the client's case.

Give us a call and tell us about your case.  We are here to help you.

Personal Injury Claims Involving Minors in Massachusetts

Whenever a minor in Massachusetts has been wrongfully injured, he or she can bring a claim for personal injuries against the responsible person or company.  However, before representation of the minor claimant can begin, the attorney must have a parent or legal guardian sign a contingent fee agreement on behalf of the minor. 

If and when the case resolves favorably, permission must be obtained from a judge, in order to finalize any type of settlement.  The attorney will accompany the minor and the parent/legal guardian to a Court hearing whereby the judge will ask some questions to make sure the settlement money will be well protected and not squandered.  Any judge during such a hearing really just wants the child's interests to be fully protected.

If there is a large amount of money involved, a trust may be set up that adequately protects the child's money until they reach adulthood.

Ethical Requirements for Massachusetts Personal Injury Lawyers

All Massachusetts personal injury lawyers, as well as all practicing Massachusetts lawyers in general, have certain ethical requirements they must meet when representing injury victims. Whether your lawyer represents you in a motor vehicle accident, slip and fall, dog bite case, products liablity, medical malpractice, or any other type of personal injury case, your lawyer has to do certain things. Some of these things are the following: 1. All personal injury contingent fee agreements must be in writing; 2. Your lawyer must give you a copy of the written contingent fee agreement; 3. Your lawyer must keep you reasonably informed about the status of your case; 4. Your lawyer must convey to you all reasonable offers of settlement in connection with your case; 5. Your lawyer cannot settle your case without your permission; 6. Your lawyer must deposit any settlement checks in a private trust account. There are a host of other ethical requirements incumbent upon all Massachusetts attorneys, and the above-mentioned rules are only just a few of them.

'If I Fell In a Store, Do They Have to Give Me a Copy of the Surveillance Video?'

If you have been injured in a slip and fall accident at a retail store, the store does not have a legal duty to provide you with a copy of the video.  The only real way to obtain the video of your fall is by suing the store for your injuries.  At that time, during discovery, the store is required to provide you, or your attorney, with a copy of the video.  Regardless of whether or not the case is in suit, my office always sends a 'spoilation letter' advising the store to preserve the video, as it is evidence that can be introduced at trial.  The failure of a store to preserve the video can result in serious sanctions and penalties by the court. 

Our Spanish Television Commercial

Happy to share with everyone our brand new Spanish television commercial. A large segment of our client base speaks Spanish, so we hope you enjoy our commercial. Here it is:

 

Slip and Fall Deposition Tips for Plaintiffs and Defendants

Whether you are a plaintiff or a defendant in a Massachusetts personal injury lawsuit, there is a good chance you will be deposed.  The American Bar Association provides 10 tips for deponents which I feel can help you if you are facing an impending deposition.  Here they are:

1. Tell the truth.
2. Listen to the question. Pause. Think as long as necessary before answering.
3. Don’t pause too long before answering.
4. Make sure you understand the question. Don’t answer unless and until you do.
5. If you don’t understand the questions, say so. Ask the questioner to explain, repeat, or rephrase the questions.
6. Answer clearly and directly.
7. If you don’t know the answer, say “I don’t know.”
8. If you don’t remember the answer, say, “I don’t remember.”
9. Don’t confuse “I don’t know” with “I don’t remember.”
10. Where appropriate, qualify your “I don’t remember” answer. Say something like, “I don’t remember at this moment” or “I don’t remember without looking at” the document in question.

What is Negligence?

Negligence is one of three prongs of tort law (the two others being strict liability and intentional wrongs, but more on these in future posts).  Negligence is defined by Black's Law Dictionary (Second Ed.) as "The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm."  But what does that really mean?

The word refers to conduct that is considered objectively unreasonable.  For example, if you slipped and fell on ice in front of a store, and the store-owner had notice that the gutter above his store was leaking water onto the sidewalk and that this water would freeze in the winter, then that store-owner may have acted unreasonably, or negligently, in failing to correct the problem.  It was foreseeable - on the part of the store-owner - that someone would slip and fall on the ice (or maybe he or she even knew of slips and falls in the past and did nothing to correct it). 

Or, let's take the example of an automobile accident.  If a driver is driving erratically and ends up injuring someone, that driver may have been operating his automobile negligently, because he or she could have reasonably foreseen that someone would be injured as a result of his or her unreasonable conduct.

My personal injury practice revolves around the legal principle of negligence.  My job description is simple:  I represent those that have been injured by the negligence of others.  My job is to prove or establish that the person or entity whose conduct injured my client(s) was objectively unreasonable, or negligent.

Please contact me with any personal injury questions or concerns you may have.    

Frequently Asked Massachusetts Slip and Fall Questions

Through the years I have noticed there are some common questions that most clients ask at the beginning of their case.  Here are some answers to these common questions, which hopefully are of assistance to you if you have been injured by the fault of someone else:

1) Do I have a case?

This depends on a number of factors.  Were you injured?  Did someone else's fault cause you to be injured?  Is there insurance?  Has the statute of limitations passed?  Basically, this question does not have a standard response, but rather is dependent on a number of factors.

2) How are you paid?

Like most personal injury lawyers, my office only gets paid if we get for you a settlement, or, if your case goes to trial, a victory at trial.  My office charges the standard 33 1/3 % as a legal fee.

3) How long will my case take?

Like question number 1, this one depends on a number of factors.  Have you completed your medical treatment?  Is the insurance company (assuming there is one) accepting liability?  Is a lawsuit required?  The best answer to this question: it depends as each case is completely unique.

4) Will I have to go to court?

Most cases do settle prior to trial.  However, there is always a chance that your case can go to trial if the sides cann0t settle the case.

5) How long do I have to sue?

In Massachusetts, some claims have longer, or shorter, statute of limitations.  Many claims have a three years statutue of limitations in Massachusetts, but some do not.  Each case is fact specific.

6) If I refuse ambulance transport does that mean I do not have a case?

No.  The fact that you were not taken from the scene of your accident by ambulance does not mean you do not have a case.

7) If I healed from my injuries, can I still make a claim?

Yes.  Even if you have recovered completely, you can still bring a claim for the injuries that you suffered in your accident.

8) How much do you charge for a consultation?

Our office charges nothing for consultations.

9) What is my role in my case?

Our office will handle all the legal aspects of your case.  You however are responsible for receiving proper medical treatment for your injuries, and not missing your appointments.  If your case is in suit, you may be required to answer interrogatories and attend a deposition, and possibly go to trial if your case goes that far.

You May Have a Case, Even If You Think You Do Not

Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially.  They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my office.

Here are a few success stories from my firm, in representing people who initially thought their case was not worth pursuing:

-Woman goes to restaurant where she sustains very bad knee injuries, requiring surgery.  Case settles for $150,000.00;

-Woman slips and falls outside  a store and breaks one of her ankles, requiring surgery. Case settles for $75,000.00;

-Man is injured on a bicycle when the operator of a motor vehicle suddenly opens up his driver's side door.  Case settles for policy limit of $50,000.00.

Please know that these examples are intended for informational purposes only. My firm does not and cannot guarantee any specific results as each and every case is unique with its own facts and circumstances. 

If you think you may have a case, we would be happy to give you a free consultation to explain what your rights are.

Slip and Fall Accidents on Boston Sidewalks

I receive many calls each year from people injured from slip and fall, and trip and fall accidents on Boston sidewalks.  Sometimes, if it can be shown you fell on a privately owned section of the sidewalk, your case may be a decent case.  However, if you fell on a publically owned section of the sidewalk, then your case may be a little more complicated.

Due to old and uneven sidewalks and streets, and often snowy and icy winter conditions, there is a high incidence of slip and fall and trip and fall accidents in Boston.  These accidents can cause very serious injuries.  Unfortunately, these claims are difficult for two reasons.  First, you must generally put the City of Boston on notice within thirty days of the accident.  Second, depending on where you fell, there are often monetary caps on the City's liability for these accidents.

If you have slipped and fell, or tripped and fell on a Boston sidewalk or street, you should notify the City of the accident as soon as possible.  These claims are tough to begin with (liability in slip and fall and trip and fall accidents is always a challenge) notwithstanding the notice requirements and caps on damages.

Can MassHealth Collect Part of My Settlement Money?

Yes.   If you have been injured in a Massachusetts slip and fall accident, and you have MassHealth coverage, and MassHealth pays for your medical bills, they will have a lien against monies you obtain via settlement.  A lien means MassHealth has an enforceable legal interest in money that you recover from the person or company that injured you.

However, often MassHealth will reduce their lien prior to the time of settlement.  Your Massachusetts personal injury lawyer will know how to effectively negotiate with MassHealth in order to reduce the amount of money you have to pay them.  Of course, when negotiating any lien, it is imperative to negotiate before settlement.  If negotiation occurs after settlement, your attorney does not have any negotiation leverage.   That is because MassHealth knows that the case is settled, and they will expect to be reimbursed for the money they paid out on your behalf.