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Tag: Slip and Fall

Reasonable Damages

MITIGATION OF DAMAGES IN PERSONAL INJURY

  No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury.  At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. […]

causation

PERSONAL INJURY: CAUSATION AND NEGLIGENCE

An unbroken chain must connect cause-and-effect between an accident and an injury in any case.  It may seem obvious.  But, causation is a fundamental element underlying every claim of negligence.  As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had […]

Personal Injury Reasonable Man Standard

PERSONAL INJURY: Reasonable Person Standard

Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly.  The reasonable man concept is […]

torts

PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong.  Latin play less of a role in the law as in previous eras.  But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools.  The most […]

Insurance Claims

WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?

It can take a long time for an injury claim to crawl through the insurance claims handling process.  The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Why does it take so long? Medical Review After documentation of […]

Initial Consultation

Initial Consultation: Personal Injury

Initial Consultation with most personal injury attorneys is free.  So, optimize this opportunity to make the most of your time.  Here’s how: Call ahead.  Make an Appointment Some attorneys accept “walk in” clients.  But, the more experienced attorney you want to see may or may not be there and you may […]

Mediation & Arbitration

PERSONAL INJURY: Mediation & Arbitration

  One of the more frustrating things about any case is the amount of time it can take.  Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes.  Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]

Preexisting Injuries

PERSONAL INJURY “Eggshell Skull Doctrine”

  The “eggshell skull doctrine” is a time-honored legal concept.  It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell. […]

Statute of Limitations Bars Late Filing

Personal Injury: Statute of Limitations

Bars usually go with criminal law, as in “behind bars”. But, in civil law, statutes of limitation bar cases forever if not filed on time.  When the doors slam shut, there’s no going back. The “Statute of Limitations” is a legal deadline requiring a case be filed within a certain time after an event […]

Examining X-ray by colegiocetas on flickr

Personal Injury: Expert Testimony

Heavy impact on the human body can fracture bones.  This seems obvious.  But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]



Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

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