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While many people think of Social Security Disability Benefits as benefits paid to adults who cannot work due to a physical or mental disability, disabled children may be eligible for benefits as well. Similar to adults seeking Social Security Disability Benefits, children seeking benefits must establish that they meet the requirements set forth by law. In a recent case, the United States District Court for the District of Massachusetts discussed what a child claimant must prove to be eligible for benefits and what weight should be granted to the child’s treating physicians. If your child suffers from a physical or mental impairment and you wish to obtain disability benefits, you should speak with a proficient Massachusetts Social Security Disability attorney to discuss your case.

Factual Background

It is reported that the child claimant suffers from significant impairments in reading and writing, following directions, and completing grooming and other self-care tasks. She also has ADHD and PTSD. Her guardian filed a claim for Social Security Disability Benefits on behalf of the child. The administrative law judge denied the claim, finding that the child did not suffer from an impairment and her treating physicians were not credible. The child’s guardian appealed.

Physical or Mental Impairment of a Child

Under the Social Security Act, a child who has a medically determinable mental or physical impairment that causes severe and marked functional limitations that are anticipated to last a minimum of twelve months is deemed disabled. Thus, when a claim for Social Security Disability Benefits is made on behalf of a child under the age of eighteen, the determination must be made as to whether the child’s impairment is severe. If it is established that a child has a severe impairment, the inquiry becomes whether the impairment is either listed in or is functionally or medically equivalent to, an impairment listed in the regulations. If the child does not have such an impairment, he or she will not be deemed disabled.

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When a person suffers harm on someone else’s property, he or she may be able to pursue damages via a negligence claim in a civil lawsuit. A plaintiff asserting a negligence claim must establish each element of negligence, though, otherwise, the claim may be dismissed. This was demonstrated in a recent ruling in which the court dismissed the plaintiff’s negligence claim due to her failure to establish causation. If you sustained injuries due to another party’s negligence, it is prudent to consult a skillful Massachusetts personal injury attorney to discuss what evidence you need to seek a successful outcome.

Facts Regarding the Plaintiff’s Harm

It is alleged that the plaintiff ate dinner at a restaurant owned by the defendant corporation, after which she exited the restaurant through a revolving door. When she went through the door, however, she fell onto the sidewalk. She subsequently filed a lawsuit against the defendant, alleging the door was defective, and the defect caused her to fall. In support of her assertion, she submitted an expert report from a building contractor that stated that although the door complied with national standards with regards to rotational requirements, it was more likely not in compliance at the time of the accident, and exceeded the upper limitations. The defendant filed a motion for summary judgment, arguing that the plaintiff could not prove causation.

Establishing the Elements of a Negligence Claim

In Massachusetts, a plaintiff alleging negligence must show that the defendant owed him or her a duty to act with reasonable care, the defendant breached the duty, the plaintiff suffered damages, and the damages were caused by the breach. In the subject case, the court found that the plaintiff had established that the defendant owed her a duty and that a reasonable jury could find that the defendant breached the duty by failing to inspect the door on a regular basis. The court found that the defendant could not establish causation, however.

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There are many recreational activities that present a risk of harm, and therefore, many companies that allow people to engage in such activities require participants to sign a waiver. While Massachusetts has routinely ruled that a waiver of the right to sue precludes an individual from pursuing claims for harm until recently, it was unclear whether a waiver also precludes the person’s heirs from pursuing claims, in the event the person dies. Recently, however, the Supreme Court of Massachusetts held that a waiver signed by a person who died while scuba diving was enforceable against the person’s beneficiaries. If you lost a loved one due to someone else’s negligence, you should speak with a trusted Massachusetts wrongful death attorney regarding your potential claims.

Facts of the Case

It is alleged that the plaintiff’s decedent drowned while using a dry suit and diving equipment manufactured by the defendant company, during a promotional diving event sponsored by the defendant company. Prior to the event, the decedent signed a release from liability and an equipment rental agreement, which also contained a release of the right to sue the defendant company for death or injuries resulting from the use of the equipment. The plaintiff subsequently filed a wrongful death lawsuit against the defendant company and a dive instructor working during the diving event, on behalf of the decedent’s estate.

Reportedly, the defendant company settled with the plaintiff, after which the defendant instructor filed a motion for summary judgment, arguing that the release agreements signed by the plaintiff’s decedent precluded the plaintiff’s claims. The court granted the motion, and the plaintiff appealed, arguing that the right of the decedent’s beneficiaries to pursue a wrongful death claim was an independent right that could not be waived.

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Under Massachusetts law, the Commonwealth is granted broad immunities from tort claims. While the Massachusetts Torts Claims Act (the Act) provides some exceptions to sovereign immunity the exceptions are narrow and only apply in certain circumstances. Recently, a Massachusetts appellate court analyzed whether the Act permitted a minor to pursue negligence claims against a Commonwealth entity following an assault by a third party while the minor was in custody. If you suffered an injury while you were in the custody of the Commonwealth or due to a Commonwealth actor, it is prudent to consult a seasoned Massachusetts personal injury attorney to discuss your options for seeking recourse.

Facts Surrounding the Plaintiff’s Harm

Allegedly, the plaintiff, who is a minor, was in the custody of the defendant Commonwealth entity at a center for juvenile offenders. The plaintiff was assaulted by another resident, after which he suffered a stroke, swelling of the brain, and a dissection of the carotid artery. Due to his injuries, he requires around the clock care. He then brought a lawsuit against the defendant alleging several claims, including a negligence claim pursuant to the Act. Specifically, the plaintiff alleged the defendant failed to prevent the other resident from causing his injuries. The defendant moved to dismiss all of the plaintiff’s claims. The court granted the motion, and the plaintiff appealed. On appeal, the appellate court affirmed.

Commonwealth Liability Under the Act

The Act waives the Commonwealth’s immunity to a limited extent. Further, there are numerous exclusions from the limited waiver. For example, one exclusion provides the Commonwealth immunity for any claim that arises out of the failure to diminish or prevent a harmful condition or situation, which includes the tortious conduct or violent acts of a third party, as long as the Commonwealth employer or one of its employees was not the original cause of the tortious act.

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Social Security benefits are not only available to individuals who have earned and income or are disabled, but also to the individual’s prior or current spouse if the individual dies. Regardless of whether a person is eligible for Social Security benefits, however, he or she will not receive any benefits if he or she does not provide the Social Security Administration (SSA) with the necessary documentation. The United States District Court for the District of Massachusetts recently explained the requirements for receiving Widows Insurance Benefits in a case in which the plaintiff appealed the initial denial of her claim. If you believe you are eligible for Social Security benefits, including Widows Insurance Benefits, you should meet with a knowledgeable Massachusetts Social Security Disability attorney regarding your rights.

Factual Background

Allegedly, the plaintiff was married to the decedent from 1965 through 1982, when they divorced. The decedent began collecting disability benefits in 2001 and died in 2008 when he was 69. After the decedent’s death, the plaintiff filed a claim for Widows Insurance Benefits. The SSA then sent a written request to the plaintiff for proof that she was married to the decedent, evidence of her divorce, and evidence of the decedent’s death. The SSA sent the plaintiff a follow-up letter as well, stating that if she did not provide the requested documentation, her claim would be denied.

It is reported that the plaintiff failed to submit the documents and was notified that her claim was denied, and she had 60 days to appeal the decision. In 2013, the plaintiff submitted a second claim for Widows Insurance Benefits. The claim was approved, and she was paid benefits at a reduced rate. She then filed a motion for reconsideration, arguing, in part, that she was entitled to benefits since 2008.

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Slip and fall accidents are one of the most common causes of personal injuries in Massachusetts. While in many instances, the condition that caused a fall is obvious, in others, it is not clear whether a condition contributed to a fall. Thus, in some cases, a person injured in a fall may need to retain an expert to offer testimony regarding the dangerous nature of a condition on a premises. Expert testimony must meet certain standards to be admissible, however, as demonstrated in a recent Massachusetts slip and fall case. If you sustained injuries in a fall at a business in Massachusetts, it is prudent to meet with a zealous Massachusetts personal injury attorney to discuss what evidence you must produce to recover damages.

Factual History

It is alleged that the plaintiff fell while descending a set of stairs at the defendant grocery store. Prior to the fall, she visited the defendant store regularly and never observed any defects in the stairs. She testified, however, that when she began to walk down the stairs, her heel caught on the tread, which was loose, causing her to fall. The defendant store’s manager inspected the stairs after the fall and did not observe any defects. A few weeks later, though, the plaintiff and a friend visited the store, at which time they observed the loose tread. As such, the plaintiff filed a negligence claim against the defendant in the Massachusetts federal court.

Reportedly, two years after the fall, the plaintiff retained a licensed engineer to inspect the steps. The engineer set forth a report concluding that the deterioration of the concrete at the top of the stairs created a difference in height between the tread and the stairs and that the height differential caused the plaintiff’s fall. The defendant moved to strike the plaintiff’s expert report.

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Most drivers in Massachusetts carry automobile insurance. Thus, if a driver causes an accident that harms another person, the driver’s automobile insurance carrier will typically make payments to the injured party on behalf of the driver. If an insurance company declines to make payments to an injured party on behalf of a negligent driver, however, the injured party cannot pursue claims directly against the insurer, as explained in a recent Massachusetts appellate court case. If you suffered harm in a car accident caused by a reckless driver, it is in your best interest to speak with a skillful Massachusetts personal injury attorney regarding your options for seeking damages for your harm.

Facts of the Case

It is reported that the plaintiff was involved in an accident with a driver that was insured by the defendant. The defendant’s insured was at fault for the accident, and therefore the defendant attempted to negotiate a settlement agreement with the plaintiff. The parties were unable to independently resolve the matter, however. As such, the plaintiff filed a lawsuit against the defendant, seeking compensation for the damages caused by the defendant’s insured. The defendant filed a motion to dismiss, which the trial court granted. The plaintiff then appealed the trial court’s dismissal of his case.

An Insurer’s Liability for the Acts of its Insured

Under Massachusetts law, a person injured in an accident cannot pursue claims against a liability insurer for the acts of its insured. Instead, a person injured in an accident must engage in a two-step process to recover damages from an insurance company. First, the injured person must obtain a judgment against an insured party. If the injured person obtains a judgment and the judgment is not satisfied, the injured person may then pursue a bill to reach and apply against the insurer of the liable party.

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Generally, when a customer is injured while shopping at a business, it is due to a dangerous condition. Although a customer injured by a dangerous condition at a business can pursue damages from the business, in most cases, the business will only be deemed liable if it knew or should have known of the dangerous condition that caused the customer’s harm. This was discussed in a recent Massachusetts case in which the court dismissed the plaintiff’s claims due to insufficient evidence that the defendant knew of a foreseeable risk of harm. If you suffered personal injuries due to a dangerous condition at a business, you should meet with a trusted Massachusetts personal injury attorney to discuss whether you may be able to pursue a claim for damages.

Factual Background

It is reported that the plaintiff visited the defendant’s store to shop for groceries. When she entered the store, she took a shopping cart. She placed a newspaper in the cart and noticed it was slightly wobbly, but did not exchange it for another cart. When she was emptying the shopping cart at the check-out counter, the weight of the shopping cart shifted, and the cart fell on top of her, causing her to sustain injuries. She subsequently filed a lawsuit against the defendant, arguing the defendant was negligent for allowing customers to use a defective shopping cart. The defendant moved for summary judgment, arguing that the plaintiff could not establish the elements of negligence as required to recover damages.

Proving Liability for a Dangerous Condition at a Store

Under Massachusetts law, an owner of a store has a duty to maintain its premises in a reasonably safe condition in consideration of all of the circumstances, including the likelihood of injury to others, the seriousness of a potential injury, and the burden of eliminating the risk of injury. Pursuant to that duty, store owners must guard against risks of harm that are foreseeable. In other words, a store owner must prevent risks of harm that it knows about or reasonably should know about, and which can be diminished via reasonably preventative measures.

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In Massachusetts, whether a party has a duty to prevent harm depends, in part, on the relationship between the injured person and the party, but in other instances, the duty arises out of a party’s knowledge of the risk of harm. For example, universities do not have a general duty to protect students from self-harm. A university may have a duty, however, to prevent a student from committing suicide in certain instances. Recently, the Superior Court of Massachusetts elucidated when a university may be deemed negligent for failing to prevent a student from committing suicide. If you or your loved one suffered harm because of the negligent acts or failure to act of another party, it is advisable to speak with an experienced Massachusetts personal injury attorney regarding your potential causes of action.

Factual Background

Allegedly, the plaintiff’s decedent was enrolled at the defendant university in Boston. In April of his freshman year, he attempted suicide. The defendant university learned of the decedent’s attempt and transferred him to a hospital. After he was discharged, he met with the defendant university employee about his treatment going forward. The decedent then entered into a contract with the Dean of Freshman Students, which stated that the decedent would be permitted to remain on campus if he engaged in treatment. The decedent met with the defendant university employee on two occasions, where he expressed skepticism over the treatment.  He was not in treatment from May to September, however. In September, the decedent committed suicide.

It is reported that the decedent’s father filed a lawsuit against the university and several individuals employed by the university, asserting that they had a duty to take measures to prevent the decedent from committing self-harm and that the duty was breached. The defendants filed a motion to dismiss. Upon review, the court denied the motion.

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If a person sustains injuries at work, he or she may be able to pursue benefits from his or her employer via a workers’ compensation claim. While in some cases a person may be able to seek damages through a personal injury lawsuit instead of a workers’ compensation claim, if the harm arose out the person’s employment, the Massachusetts Workers’ Compensation Act (MCWA) provides the person’s sole remedy. Recently, the United States District Court for the District of Massachusetts analyzed whether the intentional acts of a supervisor that harmed an employee were considered incidental to the employee’s employment, so as to bar a personal injury claim. If you suffered harm at work, it is in your best interest to speak with a trusted Massachusetts workers’ compensation attorney to discuss what damages you may be owed.

Facts Regarding the Plaintiff’s Harm

It is alleged that the plaintiff worked for the defendant as a mechanic. The plaintiff’s work schedule changed, after which the plaintiff’s supervisor began subjecting the plaintiff to a hostile work environment. Specifically, the plaintiff was harassed for his religious beliefs, denied accommodations, and accosted after he took a picture of the supervisor smoking, which was prohibited.

Reportedly, the plaintiff began experiencing symptoms of fatigue. He was restricted from working temporarily, but when he returned to work, the harassment continued. The plaintiff was then terminated, after which he filed a lawsuit against the defendant, alleging assault and battery, intentional infliction of emotional distress, and violation of his civil rights. The defendant filed a motion to dismiss, arguing that the plaintiff’s claims were preempted by the MCWA.

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