Many Massachusetts businesses rent space from another entity to use for their business, along with parking and walkways for customers and employees to use. When a slip and fall injury occurs, liability can stem from either the business or the property owner or both. If another entity were in charge…
Before any jury trial, the attorneys for the parties to the lawsuit can speak to, question, and make strikes of citizens within the jury pool to shape the eventual panel that hears the case and decides whether liability exists and which (if any) damages to award. This is known as…
In a medical malpractice action, it is essential to have proper medical experts. Medical experts help show the defendant medical provider failed to meet the standard of care for that particular specialty. The Appeals Court recently issued a decision, Russo v. Fisher (15-P-1264), which reviews whether or not a summary…
When filing a lawsuit in Massachusetts’ civil court system, the alleged at-fault party must be notified properly. When the at-fault party is an employee of a company, notifying the right person can get complicated. A recent Appeals Court case reviews the notice requirement under the Massachusetts Tort Claims Act, G.L.…
In a recent Appeals Court case, the court looked at whether or not a business was responsible for taking care of the abutting sidewalk. For any personal injury lawsuit to move forward in Massachusetts, the injured person must show that the defendant owed him or her a duty under the…
One workers’ compensation benefit that may not be as well known is the benefit provided for harm to a worker’s mental health. Like physical injuries, these injuries must be caused by an accident that occurred in the workplace or during the performance of work-related duties. The Reviewing Board decision of O’Rourke…
Underinsured motorist benefits are designed to help pay for costs related to a car accident when the at-fault party’s insurance policy falls short. Underinsured coverage is generally elective, and several cases have looked at whether or not benefits were explicitly rejected. In Progressive Direct Ins. Co. v. Wilson (16-P-544), a…
Most would agree that it is challenging to deal with any type of car accident, regardless of the level of the injury. In Adams vs. Congress Auto Insurance Agency (15-P-452), the injured driver had to unfortunately deal with an at-fault party who not only struck his vehicle but also called…
Massachusetts General Laws c. 152, § 11A(2) of the Workers’ Compensation Act states that an impartial medical examiner is to be used whenever there is a dispute within a claim or a complaint over medical issues that is the subject of an appeal. In order to offset the cost of…
At an administrative hearing for Social Security Disability, the administrative law judge (ALJ) may hear from a vocational expert (VE) to help determine whether or not the applicant qualifies for SSDI benefits. The vocational expert provides impartial expert opinion evidence that gives insight on the physical and mental demands of…