My husband and I were walking into a local grocery store, and as I started to go in the automatic door, it partially opened and then immediately closed on me, causing it to hit the outer bone of my elbow. Luckily my husband was with me and had to...
I am starting a trial in two weeks on behalf of a client who was seriously injured when struck by an automatic door at a grocery store. It would be very helpful if you could let us know which grocery store you were at. Also, you should consult an attorney to make sure any proposed settlement fully compensates you for all that you are entitled to. Good luck.See question
I bought a Cream donut and a orange juice at 7-11 in Boston and within 5-6 hours I started to throw up and severe diarrhea! I continued to get sicker and sicker till I could not keep down any food or drink without throwing it back up. I called...
Stores (and restaurants) warrant that the food they sell is fit for human consumption. Thus, if you can show that more likely than not you developed food poisoning from something you bought there which caused your kidney problems then the store may be strictly liable for your injuries for breaching the implied warranty of merchantability. You should contact the Mass. Dept. of Public Health to see if any other customers reported problems and contact a personal injury attorney to evaluate your case in more detail.See question
I was in a car accident to where I was the passenger, who I was injured had to have back surgery.
You can make a claim against both the driver of the car you were in and the driver of the other car assuming that both did something wrong to cause the crash. If you own a car or are a listed operator on someone else's car, you might also be entitled to collect what are known as underinsurance benefits (which apply when the at fault driver(s) don't have enough coverage). You might want to check our blog post containing a brief guide to MA auto insurance coverages (the link is pasted below). In any case, you should consult with an experienced personal injury attorney who can explain your options to you (and who shouldn't charge for the initial consultation).See question
I am staying at the Boston Harbor Hotel. On Sunday morning I went to the restaurant for breakfast and a waiter brought me a pot of boiling tea. As he was setting it down in front of me he spilled the entire pot onto my lap. As a result I have a ...
Although it is nice that the Boston Harbor Hotel accepted some responsibility, you are entitled to make a claim for more than your medical bills. Someone injured due to another persons negligence is entitled to compensation not just for their medical expenses but lost earnings and pain and suffering. Pain and suffering includes physical pain, mental distress and loss of function-past, present and future. It includes compensation for any scarring. There's no mathmatical formula and the jurors are told to provide compensation that they think is fair. Sounds like the hotel us trying to buy you off before you see a lawyer. If you have health insurance the offer really doesn't do anything for you. I suggest you call an experienced personal injury attorney who won't charge you just to discuss whether they can be of help and whether it's worth pursuing.See question
I fell in a golden corral in Florida April 2015 I live in Massachusetts I need to sue them for injury to my elbow what do I do can I sue them in Massachusetts because they operate here or only in Florida where the injury occurred please help me th...
It may be possible to file suit in Massachusetts. Massachusetts law (Mass. Gen. Laws Ch. 223 § 38) allows a suit to be brought in Massachusetts even if the wrongdoing occurred in another state if the defendant has a usual place of business in Massachusetts or regularly conducts or solicits business in Massachusetts. This will be allowed if it does not offend fundamental fairness. But, even if the law allows the suit to be brought in Massachusetts, the Court can still consider whether it makes more sense to bring the case in Florida-based for example on where the relevant evidence and witnesses are. If the Court concludes that Massachusetts is an "inconvenient forum" it could still dismiss the case and order you to file it in Florida. So, you might be able to, but you need to consult with a Massachusetts attorney who can go over the facts in detail with you and help you decide whether it makes sense to try to file suit in Massachusetts.See question
Got hurt last October in a bowling alley and been to doctors and specialists
In general the statute of limitations in Massachusetts for personal injury cases is three years, meaning you usually have three years from the date you were injured. There are some exceptions which can extend the statute of limitations. In certain other cases there are notice requirements that could shorten the amount of time you have to bring a case. As a practical matter, if you think you might have a case you should consult with a personal injury attorney both to make sure you are within the statute of limitations but also because the longer you wait the harder it may be to locate witnesses and obtain evidence.See question
I hurt my neck driving for my employer was wondering if i can sue for disability.
It depends. If you were injured due to the negligence of someone other than your employer or another employee of your employer (for example, if you were rear-ended by another driver) then you could bring a claim against that person. This is known as a "third party claim". You can also make a claim for worker's compensation benefits from your employer's insurer. This will pay for your medical bills and a percentage of any lost wages. (The Massachusetts workers compensation law prohibits you from making a claim, other than a worker's compensation claim, against your employer for your injuries). If you do bring a third party claim, you will also be entitled to ask for compensation for your pain and suffering. You will, however, be obligated to repay the workers compensation insurer for the cost of any benefits they've paid (I've included a link to one of our recent blog posts that discusses how this repayment obligation works).
Nonetheless, you should still come out ahead if you have a valid third party claim. If you think you might, you should contact an experienced Massachusetts personal injury attorney.
Now we're going on 4 months and still haven't recieved my money is there any actions I can take thanks
The first thing to do is to call your lawyer and ask them why it's taking so long and when you should expect your money. There are a variety of reasons why disbursal of funds could take longer. In a wrongful death case, there could be issues of a portion of the funds having to be distributed through probate. There might also be issues of medical or other liens. On the other hand, there may be no good reason, in which case you might be able to bring a motion to enforce the settlement terms or an action for breach of contract. But, before you can decide on any of those options, you need to find out what the problem is.
So, I suggest you call your attorney and pose these questions to him or her. If your attorney refuses to speak with you, then you may have a different problem.
The other parties insurance company is not admitting fault. My question is, Is there any advantage to wait until last minute before status of limitation ends before suing in court?
No, there's no reason to wait until the last minute. The only possible exception would be if your doctors were still trying to determine the full extent of your injuries. Otherwise, unless active settlement negotiations are underway and about to resolve the case you might as well file suit.See question
Im a union ironworker that got a bad concussion from a crane swinging a beam that should have been over my head
A third party lawyer is a personal injury attorney who would handle a case against someone other than your employer for your injuries. In such a case you would have to prove the other party was at fault but unlike a workers compensation case you could receive the full value of your lost earnings and compensation for your pain and suffering. If you think you might have a case you should contact an experienced personal injury attorney soon as after 7 months the workers compensation insurer can bring a lawsuit against the third party. If your attorney brings suit before that time then you can can control the lawsuit which is to your advantage. In the meantime if you have a concussion you may want to go to the center for disease controls website www.cdc.gov as they have useful medical information on concussions.See question