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What Determines the Value of My Personal Injury Case?
This is a question that I frequently encounter. It is a legitimate and appropriate question for a personal injury client to ask. In this video blog, I discuss how credibility is “king.” Is the person bringing the lawsuit honest? Is the person reliable? What is the background of the accident victim client?
What Does an Insurance Company/Defense Attorney Look for in a Personal Injury Case?
I am happy to invite a leading defense attorney to participate in this video blog. John Johnson has been defending civil cases for forty years and has been involved in some of the most serious personal injury cases in Massachusetts. That involvement has included the handling of not only trials but appellate cases.
What does a Jury Verdict Slip Look Like in a Case Involving Negligence?
People are surprised to learn that in personal injury cases the jury is given a special verdict form. The first two questions in that document must be answered “yes” if the person suing is to recover. Those questions are: Was the defendant negligent? Was the defendant’s negligence a […]
Is an Employer Liable for the Act of an Employee Which Causes an Accident?
Is an Employer Liable for the Act of an Employee Which Causes an Accident? If you are driving along the road and another auto that is driven by an employee of a company causes an accident, what is your recourse? In the above scenario, you will want to know a few things immediately: Was the […]
What is the Effect of a Release in a Personal Injury Settlement?
When a defendant settles a case, the plaintiff’s attorney is presented with a release. It is a document that ends the case against the settling defendant. It “releases” and “holds harmless” the opposing party from liability for a particular claim or set of claims being brought against it. In Massachusetts, as in most states, releases […]
What Does the Law and Sports Have in Common?
If you are a sports fan, you often find that various rulings on the field are actually quite legalistic. For a Boston sports fan this came to mind twice in the last several months. The first was during the World Series. The play that ended Game 3 was controversial and involved the umpire calling obstruction […]
What is the Law in Massachusetts Concerning a Snow and Ice Accident?
Let It Snow, But Don’t Forget to Salt… People across the country are experiencing excessive amounts of snow and very cold temperatures. That weather has certainly come to the Northeast. Not surprisingly, I have fielded more than a few calls from people who have fallen. Some have experienced very serious injuries. In the past, I […]
What is the Legal Standard for an Accident on Property?
In accidents on premises, the doctrine as put forth in Oliveri v. MBTA, 363 Mass. 165 (1973) has controlled. It has meant that slip and fall cases involving a foreign substance, whether in a supermarket or otherwise, typically require facts to come within at least one of three categories in order to demonstrate defendant’s lack […]
What are the Numbers of Civil Cases Filed in Massachusetts?
At the end of Fiscal Year 2002, there was 37,700 total civil cases pending in the Superior Court of Massachusetts. In 2012, there were 26,631 pending. This difference of 11,069 cases represents roughly a 29.4% decline in the number of cases pending at the Superior Court in that 10-year period. There are possibly several explanations […]
Can I Change Lawyers in a Personal Injury Case?
The Rules of Professional Responsibility require that a contingent fee agreement “be in writing and signed in duplicate by both the lawyer and the client…” S.J.C. Rule 3:07, Rule 1.5(c). The rule sets out the cases in which a contingent fee is permissible—there must be a res, Latin for a thing or object, and in […]