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Massachusetts Injury Lawyers Blog

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Massachusetts Supreme Judicial Court Decision Provides Guidance as to Whether the Workers’ Compensation Act Precludes Recovery Under the Wrongful Death Act

In Massachusetts, if someone dies due to the negligence of another, recovery for damages like lost wages, loss of companionship, and funeral expenses may be available through the Wrongful Death Act. The Wrongful Death Act allows recovery if a willful, wanton, or reckless act caused the death of a person…

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100% Disabled Veterans Have High Priority in Social Security Disability Claims

If you know anyone who has applied for Social Security Disability benefits, he or she will tell you it is a lengthy and slow process. If your application for disability benefits has been denied twice, then the approximate waiting time in order to have your case heard in front of…

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New Massachusetts Case Law Regarding MedPay Coverage on Auto Policy

In Massachusetts, drivers can purchase Medical Payments (MedPay) coverage on their automobile insurance policy. This coverage is optional and therefore additional premiums would apply. However, this additional coverage, which can pay your medical bills resulting from a car accident, is well worth the extra premium. For reference, please feel free…

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Open and Obvious Dangers – Mass. Homeowners Beware

The general rule in Massachusetts is that a property owner has the duty to maintain their property in a reasonably safe condition given the circumstances. Mounsey v. Ellard, 363 Mass. 693 (1973). This is why we usually remove broken glass from our floors and clean up slippery liquid spills in…

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Certifying Medical Records and Bills for Trial in MA

When any personal injury case goes to trial, the client’s medical records and itemized medical bills must be certified in order to be introduced into evidence. Without this mandated certification, the judge will throw out the medical records and bills. A certification is a document that the doctor or authorized…

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Can Medicare Set Aside a Portion of Your Settlement for Future Medical Expenses? – Your Injury Settlement and Medicare

According to the Medicare Secondary Payer (MSP) Act, Medicare automatically has a lien on your settlement for reimbursement of all injury-related medical expenses it paid on your behalf as a result of your accident or injury. This means that Medicare is legally entitled to a portion of your settlement proceeds.…

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New Workers’ Compensation Legislation For Newtown Employees

Following the Newtown school shooting, Connecticut is attempting to pass into a law a bill which would cover treatment costs for mental injury stemming from the workplace. The bill will only cover future incidents of mental injury stemming from work-related trauma; however, a special fund is being planned to cover…

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Is Someone Following Me? – Private Investigators and Your Workers’ Compensation Claim

Recently a man was found guilty of workers’ compensation fraud after a private investigator filmed him at the gym doing some serious weightlifting. Apparently he had a doctor’s note stating he could only lift 10 lbs. Well, this video proves him wrong. A picture may be worth a thousand words,…

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The Benefits of Having Medical Payments (Med Pay) Coverage on Your Massachusetts Automobile Policy

Have you ever taken a serious look at your automobile policy? Massachusetts is a no-fault state. By law, each motor vehicle insured in Massachusetts is automatically equipped with $8,000.00 of Personal Injury Protection (PIP) coverage. PIP pays for reasonable medical expenses, lost wages, and if applicable, reimbursement of replacement services,…

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