Tag Archives: personal injury attorney
Being Injured on Someone Else’s Property
Property owners have a duty to keep their property safe so that people who enter it are not put into unnecessarily dangerous situations. When an accident occurs because of dangerous or poorly maintained property, it is called a premise liability accident, and victims have a right to sue for monetary compensation. The general rule in […]
Declaring War on Drugs
Filing a lawsuit against a pharmaceutical company We live in a heavily medicated society. It seems there are pharmaceutical drugs available for almost every condition — including depression, weight loss and wrinkly skin. Fortunately, drug companies must spend a great deal of money and time running tests and having these drugs approved by the FDA […]
Filing a Personal Injury Claim for Assault and Battery
Because assault and battery usually results in criminal charges, most people do not realize victims can also file a personal injury claim against their assailants. If you have been the victim of domestic violence or other attack, you may be able to seek monetary compensation for your damages. What is assault and battery? Assault is […]
Biting Back
Filing a personal injury claim after you’re bitten by a dog They say dog is man’s best friend, but unfortunately that is not always the case. Some dogs are trained by their owners to be aggressive, and others sometimes turn and bite people unexpectedly. Regardless of the reason, being bitten by a dog can be […]
Don’t Just Spin Your Wheels
Be smart and avoid bicycle accidents Biking has become more popular than ever in the U.S. According to a recent Rutgers University study, the number of bike commuters in the country rose by 64 percent between 1990 and 2009. Unfortunately, when bikes and automobiles share the road, an accident is always a possibility. And because […]
Beneficiaries
Many people are unaware that in a wrongful death action in Massachusetts, which is brought under Massachusetts General Laws, c. 229 s. 2, the proceeds are meant to be distributed to the statutory beneficiaries and pass outside of the estate. It must be noted that M.G.L. c. 229, sec. 2 references the classes of statutory […]
Distinctions with a difference: present sense impressions vs. excited utterances
Though they seem similar, there are clear and definitive differences between Rule 803(1) Present Sense Impressions and Rule 803(2) Excited Utterances. If applied correctly, each rule provides an exception to the the rule against hearsay. The former is used in court in the trial of a personal injury case far more than the latter. The […]
Admissions by Party Opponents vs. Declarations Against Interests
In my last blog, I wrote of the rule pertaining to admissions of party opponents, 801(d)(2) of the Federal Rules of Evidence and the Massachusetts Guide to Evidence. Let’s contrast that to Rule 804(b)(3)’s declarations against interests exception. The most fundamental difference between these two exceptions is that in the first exception the declarant must […]
As a well-known politician said, ‘Trust but verify’
Loyalty to a client is an essential element of the attorney-client relationship. This relationship binds them through ‘thick and thin’ and against all other persons with conflicting interests. Supreme Judicial Court Rule 3:07 and the Model Rules of Professional Responsibility Rule 1.7 state that an attorney cannot continue to represent two or more clients at […]
Separating Fact from Fiction in Massachusetts Personal Injury Law
Whether you have been in a car crash, suffered an accident at work, had a slip and fall accident, or were the victim of medical malpractice, you are probably wondering whether you should file a personal injury claim in Massachusetts. There is a lot of information available on the web, but sometimes separating fact from […]