Author: Andrew Myers
150 Legal Blog Posts: Injury Law, Bankruptcy, Drones & More
The Law Offices of Andrew D. Myers announce that we have now posted 150 blog articles. This milepost indicates the sharing of legal basics, the highlighting of legal trends and analysis of breaking new case law. Many of our legal blog posts focus on our two primary practice areas, personal injury and bankruptcy. But […]
What Are Unfair and Deceptive Insurance Practices?
January 9, 2002, a Massachusetts woman sustains catastrophic injuries including permanent paraplegia when a tractor trailer hits the rear end of her car. Ten years later, after what one judge called a legal odyssey including unfair and deceptive acts by an insurance company, she was awarded $22 Million. The 46 […]
Property Dangers: Premises Liability
Stairways in deplorable condition cause injuries. But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to […]
Workers Compensation – Double Compensation
Workers compensation laws provide benefits to employees injured on the job. State laws in each state define the benefits. For example, those totally disabled by a work-related injury receive a weekly workers compensation benefit of 60 percent of their pre-injury average weekly wage. In rare cases, if the injury is […]
DELAY, DENY, DEFEND Insurance Companies & Claims Handling
Delay, Deny, Defend: three tactics employed by much of the insurance industry in aggressively fighting insurance claims. Delay, Deny, Defend is the title of a book whose author, Jay M. Feinman, documents how the tactics are used by insurance companies to bash personal injury claims, homeowners and other claims. Personal […]
Texts as Evidence: Electronically Stored Information in Court
Are text messages admissible in court? After an accident the other driver admitted she wasn’t paying attention. In a text later the driver said she was sorry, that she’d been on the cell phone, and offered to pay outside of insurance. Now that her insurance company is involved she denies […]
Can Recreational Use Statutes Stop Personal Injury Claims?
Recreational use statutes encourage property owners to open land to public use. Sometimes called public use statutes, these laws shield property owners against liability for personal injuries sustained by people using the land for purposes stated. Where followed correctly, these laws prevent liability claims for both public and private property. Most states have […]
Is There Pain and Suffering for a Dog?
The law treats dogs as property, no different than a coffee mug or piece of furniture. But if a dog suffers injury, are damages limited to the dog’s market value, like a car after an accident? The Massachusetts Appeals Court confronted this question when a Bichon Frise named Peppermint was […]
Medical Payments Auto Insurance
I have Medicare and Medicaid, so do I really need to purchase Medical Payments on my car insurance? I live on a fixed income. My car isn’t worth much but the bank requires me to have auto insurance. I’ve heard that Medicare won’t pay for accident injuries but Medicaid will. […]
Vicarious Liability – Responsibility Flows Up
Vicarious liability is a legal theory holding one party responsible for the negligence of another. An employee drives a company vehicle, causing an accident. Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists. If so, the master faces responsibility for the servant’s […]
