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Scott D Goldberg

Scott Goldberg’s Answers

113 total

  • I was a pedestrian and got hit by a car. I live alone, do not own a car and am not a listed driver on anyone's insur. policy.

    I am self-employed---work for myself cleaning houses and doing odd jobs. I get paid cash for my jobs. The accident happened on a weekend when I was not working. Anyways, I have several medical bills. I do not have any type of health insurance. The...

    Scott’s Answer

    First, I am sorry that you have been injured.
    Secondly, with all due respect to the attorneys who have previously answered your question, they are wrong. As a pedestrian the Personal Injury Protection (PIP) coverage from the insurance policy *of the car that hit you* is primary and responsible for paying your medical bills. If you do not have health insurance then they are responsible for paying up to the maximum $8,000.
    Also, although you did not specifically ask, if you incur more than $2,000 of "reasonable and necessary" medical bills then you would also have a claim for compensation for all your damages including pain and suffering.
    I hope you find this information helpful

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  • Offer of 10k, accept or contact a lawyer?

    After starting at them offering $5500, they have now claimed top offer of $10,000 for accident that was their insureds fault. Medical bills about $15k, accident was Jan 2014 it is now September 2015, I have continued pain in the area of the shoul...

    Scott’s Answer

    I am sorry to hear about your injury that was obviously caused by someone else's fault. It sounds like the insurance company's response is adding insult to injury. Quite simply, personal injury law is not a system that you can go alone. I am pretty sure that I cannot do what you can do, and similarly, you shouldn't be expected to do what I can do.

    It is true that there are many issues to consider in evaluating a personal injury case. Some of them you have included in your summary; some of which were mentioned by others who have replied. There are other factors that have not yet been discussed.

    I strongly suggest that you research personal injury lawyers on Avvo. Check their ratings and find one that who has the qualifications you are looking for and the trust of his clients. Then contact him for a free consultation whether by phone or in-person.

    I hope you find this information helpful.

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  • Can landlord be sued if the person get hurt on his property

    broke ankle medical bills

    Scott’s Answer

    I am sorry to hear about your serious injury. Yes, a landlord can be sued (or otherwise held responsible) for injuries to people on his property. The facts of the situation are most important in dictating which laws apply and whether the landlord was negligent; that is, did he do something that he should not have done or did he fail to do something that he should have done. Also, there are numerous codes that may effect his liability. I would need to know the facts of your situation for me to give you a more specific answer.

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  • Is homeowner liable for personal injury caused by subcontractors?

    Subcontractor's employee backs out of driveway and strikes Injured Party's (IP) vehicle resulting in PI. Subcontractor has allowed auto insurance to lapse so there is no coverage under Sub's auto policy. Also subs employee/ operator of the MV may...

    Scott’s Answer

    Under the facts that you describe it seems like the subcontractor may well be the only liable party. Also, if the vehicle that struck you is not owned by the operator then you may be able to pursue a claim against an insurance company for one of his personal vehicles, if any, even though it wasn't involved in the collision.

    If the subcontractor was in the scope of his employment for the general contractor, such as running an errand, then you may be able to pursue a claim against the GC.

    Either way, unless you can prove that the homeowner was negligent, (did something he/she should not have done or failed to do something that he/she should have done), I doubt that your claim would extend to the homeowner.

    I hope you find this information helpful.

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  • In a car accident settlement involving minors under 10 yrs old - what is a guardian ad litem likely to recommend?

    Would the settlement money be placed in a bank account until they are 18 or will they money be given to the parent to set aside? Please help -

    Scott’s Answer

    • Selected as best answer

    I would need a little more information to give you a more detailed answer. In general what a guardian ad litem would likely recommend on how to hold money from a minor's settlement depends on multiple factors including the immediate and future needs of the child and the amount of money involved. Typically, if it is a small amount of money it could be held in a minor's trust bank account; if it is a significant amount of money then the GAL might recommend a formal trust. Another possibility is that the funds are used to buy an annuity and the terms for payout would be determined on a case by case basis.

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  • I was a pedestrian hit by a drunk driver who had already crashed into a vehicle. He left the scene but dropped his wallet.

    I suffered injuries to my leg and lower back. The police are charging him with assault and battery with a deadly weapon, leaving the scene, and what ever else for hitting the other vehicle. Do I have a decent case against him?

    Scott’s Answer

    First, let me say that I am sorry to hear that you are injured as a result of an irresponsible and unlawful driver.
    To answer your question, yes you have a decent case against him - probably more than a decent case; with the right lawyer you can have a good case. Depending on information that an experienced personal injury lawyer can obtain, there are a number of factors and different ways for you to pursue what may be multiple claims. That said, there are a number of things that you should do now with your lawyer to protect your legal rights.
    I strongly recommend that you consult with a very experienced and well-respected personal injury lawyer as soon as possible. Avvo can help - you can search under personal injury and look for attorneys who have a high rating (10 is the best) and with reviews from former clients to see what they have to say about the lawyer's character and ability. Select one and ask for a free consultation.
    Please let me know if I can answer your question any further. Thank you.

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  • Should I settle or go for a jury trial? A little over two years ago, I tripped and fell entering a Walmart store.

    I tripped because the snow carpets weren't laid out flat. I am handicapped. As I fell, I landed half-way into the auto open and close doors. As I lay there in a puddle of mud the doors kept opening and closing on me until finally a customer came...

    Scott’s Answer

    Whether to go to trial or not is a decision that must be made on a case by case basis. No one could answer your question without knowing many more facts. The law in Massachusetts regarding slip and fall is that Wallmart would be liable if you can prove that there was an unsafe condition and either: it knew or that it existed for so long that it should have known about it, or that it caused the unsafe condition, or - under some circumstances - the nature of the business created it (called the "mode of operation."
    As for attorney fees, you probably have a Contingent Fee Agreement, which means that you do not owe any expenses unless you receive compensation. However, you may be responsible for prepaid case expenses.
    So, in order to help you answer you're question, I would need more information. Please let me know if I can help. Good luck.

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  • Burnt by microdermoabrasion + chemical peeling

    I went to a medical spa for a consultation as I wanted to get rid of some dark spots in my skin. I was told I should go through a few microdermoabrasion + chemical peeling sections. II was told to perform the microdermo in one day and could IMMEDI...

    Scott’s Answer

    I'm sorry to hear about your serious injury.
    Based on my experience with spa treatment and burn cases, I think you may well have a case. Certainly, you should consult with an attorney as soon as possible. Also, take photos, lots and often, and if possible, find the receipt for the treatment. Some of the issues that need to be investigated are exactly what procedures were done and compare them to accepted practice, and what representations were made to you compared to what, if anything, you signed or were provided in writing regarding the risks of the procedures. I would also consider having you examined by a plastic surgeon expert for his or her opinion on the medical cause and severity of the burn and scarring. There are many other aspects of cases like yours. Again, you need to consult with an experienced personal injury attorney who has successfully represented people in your situation.

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  • Auto injury , can PIP deny any medical process

    I had a not at fault auto injury (rear ended). Car repair damage is costing over $6000 (My collision is paying and will subrogate). I had upper & lower back, neck and shoulder injury (soft injury). Refused Ambulance but I have report from Amb...

    Scott’s Answer

    PIP was initially designed as "no fault" coverage, meaning that the insurance company would most likely pay your bills without much challenge. Unfortunately, it has become complicated and contested. The system is no longer designed for the consumer to do this without an attorney.
    The answer to your question is that an experienced auto attorney - who administers PIP for his clients - should fight for your right to have these bills paid. Generally, PIP will pay the first $2,000 of your bills unless you do not have health insurance or have MassHealth, in which case it will pay up to $8,000. You have certain obligations in order to collect PIP. Has the insurance company sent you for an "Independent" (Insurance) Medical Exam referred to as an IME? I would need to know more of the specifics of your situation to properly advised you. Also, it is worth noting that you may well have other rights - rights for compensation for pain and suffering - that you are not protecting or properly proceeding. If you would like more information or to know your rights and how to pursue them you should contact an experienced auto accident attorney. Avvo can help you find one. Please feel free to call me.

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  • Is there a different statute of limitation for a minor child for a personal injury liability case?

    Minor female child, almost 4, was bit on the lip by a dog. The dog's tooth went through her lip

    Scott’s Answer

    I am sorry to hear about the serious injury your child suffered form the dog bite. I am well aware of these situations having represented clients attacked by dogs, including lip injuries and minors. (You can see the reviews of Susan F. and Perretty on Avvo and my website.
    Technically, the Statute of Limitations remains at 3 years - however, for a minor the time at which you begin counting from is not from the date of injury but rather it is from the date the child becomes of legal majority. Therefore, while the Statute is the same the expiration of the statute (the time limit to file a civil action if necessary) is extended 3 years from that date.
    Notwithstanding, I encourage you to consult and hire, on a contingent fee, an attorney as soon as possible. There is much to be done to properly prepare the case from early on.
    I hope this answer helps. Feel free to contact me if you have any additional questions or would like to discuss this situation and your rights further.

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