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Dennis M. Lindgren

Dennis Lindgren’s Answers

8 total

  • Auto accident personal injury insurance question

    I was in an auto accident with injury (broken bones). The other side was at fault according to State police reports. The other person's auto insurance company is refusing to pay more then the PIP coverage (eg. pain/suffering). They have paid medi...

    Dennis’s Answer

    The short answer is, no. You need to sue the driver of the other vehicle. I am concerned that there might some confusion from your description of various coverages. If you were driving or in a vehicle at the time that you were injured, then your PIP should cover your medical bills and lost wages up to $8,000.00 (with some limitations on the medical bills depending on other available insurance). If you were a pedestrian, then the other driver's PIP would provide you the same amount of coverage. PIP doesn't cover pain and suffering. To recover for pain and suffering, you need to make a claim against the other driver's bodily injury (BI) policy. In Massachusetts, the minimum BI coverage you can carry is $20,000.00 (hopefully the person who hurt you has more). There are some instances, depending on the amount of uninsured/underinsured motorist coverage (UM) you had at the time of the accident, where you can make a claim against your own insurance company. You need the assistance of an experienced personal injury attorney admitted to practice in Massachusetts (assuming that is where the accident occurred). Any reputable personal injury attorney should provide you a free consultation over the phone to discuss your claim and your available options. Best of luck!

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  • Personal Injury- I want to fire my attorny and find a good one!! Help!!

    I am very unsatisfiyed with the handling of my case. I was hit by a car in September 2012 and I was pregnant. The driver was sitated "failure to yeild to a pedestrian" I have had one surgery and am scheduled for a second in August 2013. I am in co...

    Dennis’s Answer

    • Selected as best answer

    Any reputable attorney should tell their client, at the very outset, that they are free at any time to retain new counsel.. While some attorneys may be hesitant to take on a client who already has representation, that shouldn't dissuade you from speaking with other counsel and exploring your options. Be upfront with any lawyer you speak to; tell them your situation and why you are not happy with your present counsel. The communications you have with prospective counsel are privileged, so don't be afraid to be frank and honest. If you have a good claim, you shouldn't have that much difficulty in retaining new counsel. Assuming that you are presently being represented on a contingent fee basis, the terms of your fee agreement will decide what, if any, liability you have to your lawyer going forward. Most often, your former counsel will simply notice an attorney's lien, which basically stakes their claim to a certain share of the attorney's fees from any ettlement or verdict, plus expenses. How much of the fees your prior counsel obtains doesn't really matter to you because it comes out of your new attorney's fees. As for the expenses, those are costs that your new or old counsel would have to incur anyway. They are, within reason, a sunk cost no matter who pays them. In choosing new counsel, I would be sure they are admitted in Massachusetts and experienced in the practice of personal injury law. Most firms, like mine, will provide a free consultation with no obligation, to discuss your accident, your injuries and any potential claims. If you need further assistance or information, please feel free to contact us.

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  • Advisable to sue for personal injury against a student with intent to pursue wage garnishment?

    I sustained very serious personal injury & a family member / lawyer is generously handling insurance / suit against other parties, though she hasn't expressed interest in suit against a direct and prominent party responsible for my injuries. Whil...

    Dennis’s Answer

    Everything Attorney Roswold wrote is correct. Two attorneys representing you in a personal injury action against different parties is the proverbial too many chefs in the kitchen. I would suggest that you have a sit down with your attorney to discuss the status of your claims and why she feels that pursuing the tort feasor (i.e. the person that injured you) isn't advisable. I don't know how you were injured, but if it is an auto accident, the tort feasor might have insurance under their parent's motor vehicle insurance. In another instance, I once successfully represented a college student who was run down and seriously injured by another college student who was on his bike. In that instance, the tort feasor's parents had home owner's insurance that covered the loss and paid a settlement. In short, personal injury can be a very complex practice of law and there are many traps for the unwary. Be sure that whomever is representing you knows their stuff. Best of luck!

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  • A child walking a dog is pulled into your yard trying to reach your dogs behind a fence - who is responsible for her injuries?

    Am I legally responsible to pay for this child's injuries when she was walking her own dog - who she didn't have control of, dragging her 25 feet into my yard towards my dogs behind a secured fence. The child is in atleast 7th grade and the dog is...

    Dennis’s Answer

    There are too many unknowns to answer your question definitively. For example, was there some obstacle or hazard that the child tripped on and was injured? Based upon the scenario you lay out however, I think a Plaintiff's lawyer would have a difficult job making a case against you. I would report the incident to your home owner's insurance carrier. If the child's parents make a claim against you, the insurer will provide you a defense (i.e. attorney) and most likely indemnification if necessary (i.e. they will pay for plaintiff's damages). Good luck.

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  • Can I claim compensation on an in-flight incident that was due to staff negligence? Aviation accidents.

    During a flight, a box of liquor fell on my head from the overhead bin. The box was improperly stored in a 'medical supplies' only bin. I filed a report with a flight attendant. I was very shaken and hurt, but didn't have any cuts or blood.The box...

    Dennis’s Answer

    Yes, if you were hurt as the result of the negligence of the airline (or its employee) you are entitled to be compensated for your medical bills, lost wages, pain and suffering and disability, if any. I would recommend that you contact an experienced personal injury lawyer admitted in the Commonwealth of Massachusetts to discuss a possible claim against the airline. Most firms, like mine, will offer free consultations. Best of luck!

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  • Dad walked between two major crosswalks when this woman drove right through him.

    The police said he was jaywalking but after rethinking this situation, I am now convinced if the driver wasn't drunk, the police taking the report was. How can my father be jaywalking between two major cross-walks, in front of a train station, fi...

    Dennis’s Answer

    I hope your father will be alright. Whether the driver was cited or not for hitting your father isn't the most important fact. If she had been cited, a jury would never hear that evidence anyway. Unless the police officer witnessed the accident himself, his testimony will likely be similarly limited. The most important facts will be those relayed by your father, the driver and any eye witnesses to the accident. The fact that your father was not in a crosswalk does not automatically mean that he was at fault or that the driver is blameless. In Massachusetts, drivers have an obligation to avoid hitting pedestrians if at all possible. The fact that your father was carrying a large bag and was in the middle of the road, would seem to indicate that he was very visible immediately prior to the collision. Your father definitely needs the assistance of an experience personal injury attorney admitted to practice in Massachusetts. Most firms, like mine, will offer free consultations. Best of luck to you and your dad.

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  • My wife is a visiting nurse and got bit by a dog at one of her clients houses.

    The problem is the dog is owned by a couple that was staying with the homeowner while they found a place to live. Who is responsible for this? The homeowner I presume.?

    Dennis’s Answer

    In Massachusetts the dog's owner is strictly liable if the dog bites another person. That means you don't have to prove fault or liability. If you can demonstrate that the dog bit you, then you are entitled to be compensated. In this instance it is a little more complicated because the dog was not owned by the homeowner, but by their guests. Whether you have a good claim against the homeowner will depend on a number of facts like how long the dog had been living in the house prior to the attack. I would recommend that you speak with a personal injury attorney admitted in Massachusetts with experience in this particular area. I have experience in this area and I'm happy to speak with you and answer any questions you might have. Best of luck!

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  • My daughter got run over by a car and I was told cuz of the liability law she wouldn't see anything im confused plz help

    my 7 yr old daughter was hit by a car and I need some help I don't no what the law allows

    Dennis’s Answer

    I'm very sorry that your daughter was injured, I hope she is making a quick recovery. From your description, it sounds like the insurance company is denying liability (i.e. taking the position that it was your daughter's fault). This is not uncommon, especially if your daughter was seriously injured. A reputable personal injury attorney admitted in Massachusetts should provide you an in person consultation for no charge to discuss the facts surrounding your daughter's accident, the issues of liability and what her rights and remedies are. I have experience in cases like this and live in your corner of Massachusetts. I would be happy to meet with you and answer any questions you might have. Best of luck.

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