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J. Finn Gavagan

J. Gavagan’s Answers

6 total

  • What can She do?

    J.’s Answer

    I'm sorry to hear about your friend's accident. I would have your friend reach out to a personal injury attorney. Your friend might be covered by under insurance however she would need to speak with a experience personal injury attorney.

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  • How can I get compensation for pain and suffering, physical loss and other damages caused by an accident?

    J.’s Answer

    I'm sorry to hear you were hurt.

    You would bring a claim against the driver's bodily injury insurance. That drivers PIP insurance would also apply. Also, if that driver's BI policy is not adequate, and you or a household member has under insurance, you may also be able to bring an under insurance claim.

    I recommend contacting a personal injury attorney to discuss your accident.

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  • Will I get be able to file a lawsuit of injury due to employer’s irresponsible mistake?

    J.’s Answer

    I'm sorry to hear about your accident and injury. It must be difficult to need to work and support yourself, and still be dealing with ongoing concussion symptoms. First, generally, in MA, you cannot sue your employer for personal injuries you get while on the job. That is why we have a Workers Compensation system. However, if a 3rd party was responsible for maintaining the area where you were injured, you may have a claim against that party. Second, in MA, immigration status is not relevant in personal injury cases.

    I suggest you reach out to an attorney who specializes Workers Compensation concerning your Workers Compensation claim, as well as an attorney who specializes in personal injury to discuss the details of where and how you were injured.

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  • How do I ask the insurance company that is at fault for the accident to compensate for pain and suffering ?

    J.’s Answer

    Dear Kerry,

    I'm sorry to hear about the motor vehicle accident you and your daughter were involved in. They can be traumatizing events.

    MA is whats called a 'No-Fault' State. Generally, to bring a claim for pain and suffering damages as a result of a MVA, an injured party must exceed $2,000.00 in necessary medical expenses, with some exceptions (death, loss of body part, permanent and serious disfigurement, loss of hearing/sight). MGL, Chapt 231, Sect. 6D. This is referred to as 'Breaking Tort'. Getting your daughter's emotional injuries documented and treated by her doctor is the best thing you can do.

    I suggest you reach out to a personal injury attorney to discuss the case.

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  • How do i start a claim/ with a slip and fall? do we need an attorney

    J.’s Answer

    Im sorry to hear you were hurt. I would recommend you speak with a personal injury attorney concerning your accident.

    Generally speaking slip and fall cases are difficult and focus primarily on liability. I understand you were hurt, but most of the focus will be on:

    -who is the property owner;
    - is there a responsible 3rd party snow/ice removal contractor;
    -was the owner on notice of this condition;
    - what was the condition (weather/area where you fell)
    -what actions did they take/not take;
    -were their actions/inaction reasonable;

    Typically, it takes a good personal injury attorney to investigate and procure a reasonable settlement or judgment in these cases.

    In the meantime, I recommend collecting any photos you may have of the accident scene and your injuries, as well as lost wage documentation.

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  • Can you park drivers ed cars in a residential area constantly and over night?

    J.’s Answer

    Do the vehicles have commercial license plates? If yes, then they are probably allowed to park on a residential street. If they don't have commercial license plates and the street requires stickers, then the vehicles probably need residential stickers.

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