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Scott D Goldberg

Scott Goldberg’s Answers

119 total

  • Victim of a hit and run accident on my college campus..

    Security said not all cameras are connected, then gave me hope that some are in the area I was parked. When I talked to the guy at the front desk he said he couldn't see anything. Am I out of luck?

    Scott’s Answer

    I am sorry to hear about this incident. No, you are not necessarily out of luck. If you are speaking about a personal injury claim you may still be able to pursue one - just not the one or way that you might think. If the car that hit you is unidentified then it is, be definition, uninsured and therefore may allow you a claim for Uninsured Motorist coverage under an auto policy you own, or if you don't have one, then under a household member. There are factual details that we would need to discuss in order for me to give you a more specific answer. In the meantime, I hope this helps.

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  • Should I seek legal counsel for a snow and ice related slip and fall?

    Fell on commercial property now in pain due to snow and ice conditions

    Scott’s Answer

    The first key question is *when* did you slip and fall? Massachusetts has a statute that requires a 30 day notice of the incident. The notice itself has specific requirements. If you did not send the proper notice you might still have a case but you would have to be able to prove that the property owner was not prejudiced by your lack of notice. Other questions: when did you first seek medical treatment? When you saw a doctor did you relate your injuries to the slip and fall? These are some basic but important questions to begin to determine whether you have a case.

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  • I was hit by a car the other day and would like to speak to a lawyer regarding personal injury. I live on Martha's Vineyard

    Personal injury lawyer

    Scott’s Answer

    First, I am sorry to hear that you were injured by someone else's carelessness.
    Pedestrian - motor vehicle cases are somewhat different than other mother vehicle cases. The time following the incident is important to have your legal rights protected and a claim set up properly, in your best interests. These considerations are too in depth to post here but I would be pleased to walk you through it if you would like..
    Ultimately, I think you will need a lawyer who is experienced and knows the ins and outs. Avvo can help you find the right lawyer by searching both personal injury and auto accidents, and then you can compare ratings and client reviews. Most personL injury attorneys will offer a free consultation by phone or in person.
    In the meantime, while I cannot yet give you legal advice, I would suggest that you consider not speaking with any insurance company until you consult with a qualified and experienced attorney.
    Please let me know if I can answer any further questions for you.

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  • Do I have a case against a hair salon chain?

    About a year and a half ago, I had my hair done at a national chain, Hair Cuttery. I was injured in the process (half my hair was permanently burned off, my clothing ruined. I have a recorded message from that franchise owner apologizing. I'd hire...

    Scott’s Answer

    First, I am sorry to hear about your serious situation and injury.
    As a client, you have the right to change lawyers if you are dissatisfied. You are also absolutely entitled to a copy of your file; in fact, the lawyer could get reprimanded if he or she does not give you your file. So, I recommend that you make your request in writing. Either hand deliver it or better yet, send it by mail with proof of delivery.
    Also, if you do want to change lawyers you should consult with an experienced personal injury lawyer. Avvo can help you search by rating and client reviews. I would suggest that you ask him whether he has ever successfully handled a case similar to yours.
    I hope these suggestions help for now.

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  • Do I have any hope for justice in the following auto-pedestrian collision injury case? What's my best next step?

    Incidence happened 18:25 on Oct 25. My parents, the victims, were walking on the side walk in Quincy near Southern Artery and was hit by a car. Since they do not speak English, they were not interviewed by the police. The police report turned ou...

    Scott’s Answer

    First, I am sorry to hear about your parents' injuries that were caused by a careless driver.
    Yes, with the right lawyer your parents stand a good chance of getting justice.
    Auto-pedestrian cases require careful analysis by an experienced personal injury lawyer. I am not too concerned about the Police Report. In fact, if the case were to go to court (and it may well not), usually the police report does not become evidence.
    Because your parents have you to look into this for them so soon after the incident a lot of facts can be obtained timely, and your parents' legal rights can be protected. The sooner the better.
    Please feel free to contact me directly if you have any more questions.

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  • Should I find another attorney

    I was injured December 2013 in a crosswalk in a slip and fall in I was in a school zone and broke my ankle was transported to hospital by ambulance was in rehab for almost a month and still limping when I walk hired an attorney went through the ...

    Scott’s Answer

    First, I am sorry to hear about your injury and hope that you are feeling better.
    If your current attorney is not able to help you should at the very least consult with an experienced personal injury lawyer. Avvo can help by its ratings and client reviews.
    The next question of whether or not to pursue a claim depends on several factors that need to be addressed. They include: Why did you slip and fall? What caused you to slip and fall? Who is responsible for the area where you slipped and fell? If you provide these facts to an experienced personal injury attorney he can give you his opinion of the likelihood of success in a case.
    I hope this information is helpful to you.

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  • 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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