Skip to main content
Marc Lawrence Breakstone

Marc Breakstone’s Answers

24 total

  • My wife went in to have half of her thyroid removed because of a growth on the right side. They removed the wrong side.

    She had to go back the next day and have the right side removed. We met with the hospital and doctors involved and they would like to settle. how much is it worth?

    Marc’s Answer

    There are many factors that go into the evaluation of damages in a case such as this. You are well-advised to consult with an experienced Medical Malpractice lawyer in Massachusetts. The beauty of AVVO is that you can research the credentials, experience and reviews of lawyer to determine who is best suited to assist you with this case. Good luck.

    See question 
  • Hi i got question about wor injury

    in friday hapenned accident in my work the machine cut 1 CM of my finger....what i need to do if i wanna get amends....i think thats my right....i work for agency

    Marc’s Answer

    The first thing you need to do is speak with a lawyer who has experience with product liability lawsuits. As an employee of an agency, you may have a claim against the company where you were working, or against the manufacturer of the machine on which you were injured. Before any lawyer could advise you whether you have a viable claim or not, the lawyer would need to thoroughly investigate the circumstances surrounding the injury. I have 24 years experience handling this type of claim and would be happy to speak with you. Attorney Marc Breakstone, 617-723-7676. bwglaw.com

    See question 
  • Do I need to give my S.S.N. to a Liability Adjuster to receive my settlement?

    I was bitten by a dog,and the liability Insurance com wants to settlement. They say they need my S.S.N.

    Marc’s Answer

    Before you give them anything, you should speak with an experienced dog bite lawyer to make sure that you are receiving fair compensation. To answer your question, you do have to give them your SSN because they will check to make sure that you are not in default on any support payments or other obligations to the Department of Revenue. Feel free to call me at 617-723-7676. Good luck. Marc Breakstone

    See question 
  • I have been staying on and off with my girlfriend at her house..I have been doing things around there for her.I fell and broke

    my leg doing stuff for her..Does her home owners ins have to cover me for damages and what would be the ramafacations if I did collect from her ins on her..I don't want to cause any trouble for her.But I do need to look into my well being?

    Marc’s Answer

    The first question is whether or not there was a dangerous or defective condition on the premises which caused your injury. If you simply fell without a defect, then your girlfriend has no liability to you and you probably have no claim against her homeowner's insurance. On the other hand, if there were a defect or dangerous condition, you certainly may have a claim. You should locate an experienced personal injury attorney to investigate the matter. I have over 23 years experience representing seriously injured individuals in Massachusetts and would be happy to speak with you about your potential claim. My phone is 617-723-7676. Good luck.

    Marc Breakstone
    breakstone@bwglaw.com
    bwglaw.com

    See question 
  • I've been told it is very difficult to sue a "non profit" hospital. My relative was misdiagnosed in an ER, can we sue?

    My husband went to the ER w/ a severe headache, dizzy, "feeling drunk", seeing flashing lites. No tests were run and he was dx w/ heat stroke and sent home. That nite he had a massive stroke and ended up paralyzed and unable to speak. He spent 3 w...

    Marc’s Answer

    There is indeed a charitable immunity cap of $20,000 in MA in claims agains a non-profit hospital. However, the cap does not apply to the physicians and nurses of the hospital. Based upon your description of your husband's care, you should certainly speak to an experienced medical malpractice lawyer. The first order of business would be to obtain your husband's complete medical records. If you have not been appointed the administrator or executor of his estate, that will be required as only the duly appointed representative of his estate may obtain his records.

    Rather than you trying to figure out how to navigate through these challenges, call a lawyer. Most experienced lawyers will review the case without any fee. Before you hire a lawyer, look at his or her reviews on Avvo to get a sense of how clients have perceived the lawyer.

    I have handled several cases like yours and would be happy to speak with you. Check out my reviews on Avvo. My condolences for your loss. Good luck.

    Marc Breakstone
    breakstone@bwglaw.com
    bwglaw.com
    617-723-7676

    See question 
  • I was bit by a dog. Do I need to get a lawyer?

    I was recently bit by a dog while walking down a high-traffic street. The dog was tied to a tree. I ended up having to go the emergency room and get stitches in my leg. Should I sue the dog owner?

    Marc’s Answer

    You should speak with a lawyer who has experience with this type of case before you make any decisions about whether or not to sue. If you can identify the owner of the dog, and if the owner or keeper of the dog has homeowner's or renter's insurance, then your injury claim can probably be settled without filing a lawsuit. Some people handle these claims directly with the insurance company. However, you would be doing the insurance company a huge favor, and probably will obtain a much smaller recovery if you pursue the matter without an attorney. My firm has years of experience handling these cases. Please feel free to call me at 617-723-7676 should you wish to speak further. Good luck.

    See question 
  • My 10 year old daughter was injured by a shelf in a store. She required stitches. What type of compensation should I expect?

    She will have a scar for life.

    Marc’s Answer

    The answer depends on a number of factors that would need to be evaluated by an experienced Massachusetts personal injury attorney. The most important question relates to the severity of your daughter's injury and whether or not there will be scarring. That may not be known until the injury has fully healed, which could take up to a year or more. It is important to get an attorney involved as soon as possible so that the investigation can begin in earnest. I would be happy to speak with you about the claim. Check out my reviews at http://www.avvo.com/attorneys/02108-ma-marc-breakstone-1321955.html. Thank you and good luck.

    See question 
  • Not sure if I should persue my problem.

    After years of my pcp not allowing me to see my gyn Dr., I saw 3 different nurse practicioners for my annual gyn exams. When my insurance finally allowed me to see a gyn Dr. without a referral I went to one. She found a 2 pound football sized fi...

    Marc’s Answer

    You should speak with an experienced medical malpractice lawyer. However, my impression is that you probably do not have a viable case. It is not uncommon for fibroids to grow rapidly in premenopausal women. Even if the fibroid had been diagnosed earlier, your physician may have recommended a hysterectomy anyway. I assume you lost one ovary and tube. Therefore, you still have a functioning ovary and were not put into surgical menopause. While there may have been a delay in the diagnosis of your fibroid, it probably did not change your outcome enough to warrant an expensive and lengthy lawsuit. Good luck.

    See question 
  • If an injury occurs on your own property, can a claim be made against own homeowner's insurance?

    I sustained a disabling injury after a fall on my own property. Can I, in essence, file a claim against my homeowner's insurance policy for bodily injury? I am now unable to work and collect social security. Thank you.

    Marc’s Answer

    You cannot sue yourself. If you fell as a result of a defect or dangerous condition on the property which was created by some other person, then you may be able to bring a claim against that person. For example, if a railing collapsed on your porch you may be able to sue the contractor who built the porch. If the condition which caused you to be injured was of your making, then you are out of luck.

    See question 
  • What are the consequences of canceling the lawsuit due to car accident? Do I have to pay extra fees to the lawyer? If, How much?

    I was involved in a car accident and got injured. The lawsuit was filed a few years ago. I got a notification from my lawyer for few week ago regard to meet in order to prepare to testimony. However, i do not want to involve in this case anymore. ...

    Marc’s Answer

    If your fee agreement says that you are responsible to the attorney for reasonable out of pocket expenses, then you may have to reimburse your lawyer for the money she has spent on the case, in the event you want to dismiss the case. Call the lawyer, tell her that you want to discontinue the suit and see what she says. If you have a contingency fee agreement with the lawyer, you probably do not owe the laywer any money for time spent on the case. In any event, call the lawyer and work out the issue of outstanding expenses.

    See question