Author: Andrew Myers
HEALTH PLAN LIENS ON PERSONAL INJURY CASES
Health insurance companies that pay medical bills after an accident want their money back if there is a settlement, judgment or other monetary recovery by the injured person. Call it a right of recovery or a “lien”. They want their money back. In an earlier era such issues were often […]
Statement of Financial Affairs – Bankruptcy Forms
The Statement of Financial Affairs stands as one of many documents required in chapter 7 and chapter 13 bankruptcies. This document covers details from income to any business in which the filer has had an interest in the last six years. Gross income is listed for the present year to […]
Massachusetts PIP – Personal Injury Protection
Massachusetts PIP is how medical bills related to a car accident get paid. PIP stands for Personal Injury Protection. PIP is mandatory in all Massachusetts Auto Insurance Policies. Massachusetts PIP Basics PIP pays up to $8,000 in medical bills and lost wages caused by a motor vehicle accident. As with most […]
Surveillance Cameras: When Do They Violate Privacy Rights?
Surveillance cameras sprout like weeds at traffic lights, stores, schools and nearly every other corner of society. Increasingly, the watched ask what about privacy and the liberty right to move about freely? This brings up the issue of privacy in court cases. Surveillance Cameras: Court Cases A young woman goes […]
Injury Claim Handling: Hidden Pieces, Unknown Dynamics
Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious. Imagine a puzzle, but some pieces are hidden. Think about it. The furnace makes loud noise. Most homeowners won’t attempt to fix it. You need to fly cross country. Will you tune up the jet engines and pilot the aircraft yourself? Many jobs require expertise. […]
Burden of Proof: How Much Evidence is Enough?
Burden of proof measures the level of evidence that must exist to prevail in a legal matter. Anyone making a claim bears the burden of proof. People bringing personal injury claims may have been injured, but in court they bear the burden of proof. Prosecutors seeking to convict those charged […]
Court Papers – Always Answer Complaints and Other Legal Documents
Court papers, sometimes served by a sheriff or process server, other times arriving by mail, should never be ignored. Failing to respond will result in a default judgment. Always answer a summons within the time limit. When you are served with a law suit, the papers will tell you the […]
Necessity: Defense in Criminal and Civil Cases
Necessity as a legal defense in either criminal or civil cases presents challenges. Why? Let’s look at one actual case. Ken and his girlfriend Heather drank a few adult beverages. Heather fell and started bleeding profusely. This happened in a remote area, without cell or other phones. Ken put Heather […]
Negligence, Gross Negligence & Willful, Wanton Conduct
Failing to use reasonable care causes negligence. But, negligent conduct comes in degrees. Different levels of harmful conduct can make a difference. Ordinary Negligence The “reasonable person” standard requires people to conduct themselves as a reasonably careful person would under like circumstances. Ordinary negligence occurs when someone does something that a […]
Texting and Driving: Deadly Combination with Legal Consequences
Like never before people communicate by text. Widespread wireless service expansion and increasingly affordable smart phones bring texting into the hands of nearly everyone. But when texting moves into the driver’s seat of a motor vehicle the distraction is disastrous. Pedestrians face their own dangers. The U.S Consumer Product Safety […]
