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Daniel Malis's Answers
Contributor Level 12
- 190 Legal Answers
- 3 Legal Guides
2
Attorney answers:
What can Political Campaign Donations be used for and not be used for in Local Elections in MA?
Dear Campaigner: Election laws are intricate and tricky, and are governed by Massachusetts statutes. Looking for a legal primer on what constitutes lawful or unlawful use of campaign funds on an online public forum site is a very dangerous step, especially for someone who is running for local office and needs to protect his reputation. I'd suggest contacting the Massachusetts Bar Association and finding a local attorney to hire for your campaign to advise you regarding the proper use of...
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3
Attorney answers:
Can I place a lien on trust property that owes me money I put in to keep the trust solvent. I am 1 of 3 trustees.
The short answer is "yes", by filing an action against the trust. You will need to retain an attorney to file the suit, and seek a Motion for Attachment to secure your lien. If the sale of the property is imminent, you would be advised to seek representation as soon as possible. I practice throughout Massachusetts and teach at UMass Dartmouth Law School. if you'd like to consult with me, call me at my office: 617-491-1099.
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7
Attorney answers:
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Question about wrongful death suit in ma.
While I often joke that when someone's physician or a friend in the medical profession tells a client they have a case, there usually isn't one, it's worth, at minimum, contacting a lawyer and reviewing the deceased person's medical records. It's alarming to me at minimum that a physician allegedly prescribed methadone and an opiate at the same time. If you'd like to speak to me about this matter, my office is in Cambridge. My phone number is 617-491-1099.
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3
Attorney answers:
My husband lost a finger at work. Should he get an attorney? He plans to go back to the same job, does not want to lose job.
Unequivocally, yes. An attorney will ensure that appropriate benefits for loss of a digit (pursuant to Mas. Gen. Laws c. 152 s. 36) are awarded, and also ensure that he's not rushed back to work.
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4
Attorney answers:
Filing a lawsuit for wrongful death, does the money have to be shared?
A quick guide: under the Massachusetts wrongful death statute, it is the obligation of the executor to represent and embody any potential claimant to the estate (if it was a parent who died, that means all of the siblings). You also represent the Estate concerning any death related expenses and any pain and suffering that the decedent may have suffered because of the injury which caused his death up to his death, and for any punitive damages which also may be available if the death resulted...
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3
Attorney answers:
Do I still have time to file Civil Lawsuit?
Sorry for your loss and injury. In my opinion, it is unlikely that you can sustain a lawsuit against your supervisor for wrongful termination that you could not pursue against your employer. While the statute of limitations has not technically run, the law requires that claims based upon the same injury must be brought against all liable parties at the same time. It is likely that the trial court would find that you should have brought your claim against your supervisor (new evidence or not)...
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3
Attorney answers:
Defective product cause serious basement flooding. Defect know to company for awhile.
Sorry about your flood. I'm licensed in Massachusetts, and spend a lot of time in the Taunton - New Bedford - Fall River area, so I can directly respond to your question. If the facts are as you present, you have two routes to recovery. Product manufacturers are required, by law, to sell products which are reasonably designed, free of defect, and which will not cause damage to persons or property. There's an implied warranty (guarantee) of fitness in every product sold in Massachusetts....
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2
Attorney answers:
Can this be malpractice or wrongful death?
I'm very sorry for your loss. You must have felt abandoned by the very doctors you sought out for help, You've spelled out many of the essential elements of a failure to treat malpractice case. These cases are generally strongly disputed by the treating physicians, who will come up with countless reasons for why your husband was not treated. In my experience, though, the cases in which injured people can actually succeeed against physicians have a recurring theme; "they ignored us"....
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2
Attorney answers:
Can my pregnancy effect my boyfriend's injury law suit ? can the law suit be reopen if the child is born soon after settlement ?
Dear "New York": What an ugly question to have to answer!!! I've never heard of a client using a pending case as a reason to delay starting a family. Usually, there are other issues that have to be addressed first (see below). Nevertheless, I'll give it a shot . . . I counsel my clients that "your case is only your case; your life is your life, and your life's not a dress rehearsal." I never tell a client to overstate an injury, since insurers can often obtain evidence of the...
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4
Attorney answers:
A handful of stoned teens parked behind my car in the dark. I thought I had room to back out, and hit them. Am I responsible?
Dear Gainesville: Your moral opinion regarding the teenagers and their habits notwithstanding, your duty as a driver includes driving with reasonable care. A parked car in a driveway which you observed and blocked your route is a 'condition', not a 'cause of the accident'. Have your insurer pay the claim.
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