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Matthew Kane’s Answers

209 total


  • Do I lose all legal rights after I sign a "cash for keys" agreement from the bank? Please advise I am very nervous.

    I am about to sign a "cash for keys" relocation agreement that was sent to me from the bank that owns my home after a foreclosure that took place many months ago. We've gone back and forth numerous times and I am now ready and willing to move gra...

    Matthew’s Answer

    In the typical cash-for-keys arrangement, the bank (through a real estate broker) pays the tenant (amount varies) in exchange for (1) keys, (2) a promise to leave the premises in "broom clean" condition, and (3) a general release of claims against the bank and its agents (including the real estate broker). In addition to getting a release from the tenant, the bank gets the benefit of not having to pay for an eviction action.

    If you sign a general release, you are in fact waiving your right to sue the bank and its agents for damages for any wrongful condut they might have engaged in prior to the date on the release. If you think you might have a claim against the bank or broker, you should consult with an attorney before you sign the release.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • My brother forged my name on my fathers lif insurance check while I was in germany in the army in 2007 is there anything I can d

    There was no will just my father left the life insurance check to me because my father hated my brother for who he had become. he forged my name deposited check and gave me nothing this is in 2007 do i have a case willing to pay

    Matthew’s Answer

    I defend banks in similar kinds of cases and I've dealth with many talented attorneys representing people in your situation. I'd be happy to provide you with a referral if you need one.

    Good luck!

    Matt

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  • Question about wrongful death suit in ma.

    my mothers death was listed accidential by the office of the chief medical examiner in boston. and the cause was; acute intoxication due to the combined effects of, methadone,morphine,and citalopram. which was prescribed to her by her primary car...

    Matthew’s Answer

    I am sorry for your loss. I've never seen "medical malpractice" on a death certificate. The medical examiner likely had no clue how or why those drugs ended up in her system, he could only see that they were there. It is impossible to say whether there is a potential medical malpractice/wrongful death suit from the facts you have presented. There are many good attorneys in Boston who will evaluate the case for you at no cost, including getting relevant medical records and, if warranted, getting an expert medical opinion. If you harbor well founded suspicions that someone else was at fault, I see no reason why you shouldn’t consult with an attorney. Feel free to contact me if you would like a referral.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • Does my 83 year old mom have grounds for a malpractice law suit?

    Went to Dr. for routine colonostmy, after exam went to restroom, blood in toilet and in severe pain. She, told the nurse and nurse said, " you will be alright", and they sent her home. She suffered all day, food would not stay down and terrible p...

    Matthew’s Answer

    Bowel perforation is a known risk of colonoscopy (I assume that's the procedure that was done), and your mother almost certainly signed a consent form acknowledging that risk.

    On the other hand, perforation can also be the result of negligence. In order to prove negligence, your mother's attorney would have to prove that the doctor's conduct fell below the standard of care exercised by an average practicing physician in the geographical area performing a colonoscopy. This is a fact sensitive inquiry that requires a review of your mother's medical records by a qualified physician.

    It is certainly worth contacting a good personal injury attorney for a more detailed review of your case. Many good attorneys practicing in the med/mal area, if they are convinced there may be a good case, will advance the costs of retrieving the medical records and having them reviewed by an expert.

    There are short statutes of limitations in the med/mal area, so I recommend that you act quickly if you wish to learn more. Once the statute of limitations runs, you are forever barred from bringing your case. Feel free to contact me if you would like a referral to a qualified attorney in your area.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • Does my 83 year old mom have grounds for a malpractice law suit?

    Went to Dr. for routine colonostmy, after exam went to restroom, blood in toilet and in severe pain. She, told the nurse and nurse said, " you will be alright", and they sent her home. She suffered all day, food would not stay down and terrible p...

    Matthew’s Answer

    Bowel perforation is a known risk of colonoscopy (I assume that's the procedure that was done), and your mother almost certainly signed a consent form acknowledging that risk.

    On the other hand, perforation can also be the result of negligence. In order to prove negligence, your mother's attorney would have to prove that the doctor's conduct fell below the standard of care exercised by an average practicing physician in the geographical area performing a colonoscopy. This is a fact sensitive inquiry that requires a review of your mother's medical records by a qualified physician.

    It is certainly worth contacting a good personal injury attorney for a more detailed review of your case. Many good attorneys practicing in the med/mal area, if they are convinced there may be a good case, will advance the costs of retrieving the medical records and having them reviewed by an expert.

    There are short statutes of limitations in the med/mal area, so I recommend that you act quickly if you wish to learn more. Once the statute of limitations runs, you are forever barred from bringing your case. Feel free to contact me if you would like a referral to a qualified attorney in your area.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • Forclosed house bought with cash at full price, does bank ask where money came from,& dose house need to be insurred.

    There is a forclosed home i would like to buy, i have cash that i have saved in a secure place (that i legally earned) but do not have listed with any bank, nor have i claimed it as an asset on my taxes, i just stored it in my home. Can i buy th...

    Matthew’s Answer

    With respect to the insurance portion of your question, I disagree with the prior poster. You would not be required to purchase insurance of any kind, though it would be advisable for you to do so. The majority of homebuyers use borrowed money to purchase the home. The lender in that scenario may require insurance of various kinds (mortgage insurance, title insurance, and hazard insurance are the most common forms) in order to protect the lender's investment. If you pay with your own money, the decision whether to protect your investment with insurance is entirely yours.

    Regarding the tax issue, I would consult with a qualified tax attorney near you immediately for advice.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • Cut part of first finger at work

    I was working at a second company running a machine that my regular company made. The guard was by passed, not by me, so that somethine that was oversizes could be placed in the front of it. The top of my first finger was cut off. other then 99%...

    Matthew’s Answer

    You likely have both claims, and I agree with Mr. Myers (as I usually do) that an experienced personal injury attorney could add significant value to your claims. Feel free to contact me if you need a referral.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • What can i do

    on june 8,2010. myself and my 5 year old daughter was crossing the street in a cross walk, we had the walk signal to go.. the cars was stopped at the red light. we proceeded to walk and a man stepped on his gas he hit my left leg with his car, not...

    Matthew’s Answer

    You should contact a lawyer immediately. You and your daughter may be entitled to money for your injuries. A good lawyer can help you prove your damages, get the police report, locate the driver, get statements from the witnesses, get your medical records, negotiate with the defendant's insurer and/or your own insurer, uncover other potentially liable parties (e.g. the driver's employer), and generally add significant value to your case.

    I have worked with some of the best accident lawyers in the state and would be happy to provide you with a referral if you need one. Feel free to contact me. In the mean time, be sure to get all of the medical treatment you and your daughter need and be safe!

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • What recourse and what next steps do I have after my roof leaked during this last storm and my roofer is not willing to repair i

    My insurance adjuster came out and said it was not from wind and rain but poor workmanship.

    Matthew’s Answer

    You may be able to sue on contract and implied warranty theories, and possibly others. Do you have a written contract with the roofer? Did the adjuster tie the shoddy workmanship to the recent roof work or a pre-existing problem?

    Before you go spending money on a lawsuit, research the roofer's ability to pay if you won a judgment. Have they been in business long? Good references? Did the roofer have a general liability insurance policy?

    When you get the roof fixed, ask the new roofer whether the leak was caused by the first roofer's poor work. Also keep receipts for new roof and any other expenses related to the leak (water damage repairs, etc.).

    Feel free to call with additional questions.

    Good luck!

    Matt

    DISCLAIMER:
    I am an attorney licensed to practice in Massachusetts, and only in Massachusetts. This post is intended only as a general discussion of legal principles. This post is not intended to solicit or provide legal services, nor is it intended to create and attorney-client relationship. You should not rely on any information posted on this site regarding your specific situation until you have consulted with a qualified attorney. Under rules of the Supreme Judicial Court of Massachusetts and other rules, this communication may be considered advertising.

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  • Is there medical malpractice here or other recommendations?

    My sister and her son (9 years old) were at [a home improvement store] and a ceramic sink fell on the kid causing an abrasion to the side of his head in his hair area. She took him to an Urgent Care. She was angry that there was a long wait an...

    Matthew’s Answer

    Tell your sister to let it go and be happy her son was not more seriously injured.

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