Personal Injury
DISPOSITIVE MOTIONS – MOTIONS FOR SUMMARY JUDGMENT, Etc.
Many cases go to the legal graveyard due to dispositive motions. Dispositive motions seek to dispose of, get rid of, the entire case or sometimes just certain issues in a case without trial. Dispositive motions include motions for summary judgment, motions to dismiss and motions for judgment on the pleadings. Motion to […]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have […]
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct […]
AUTO INSURANCE IN MASSACH– USETTS
Car accidents cause trauma. Those injured wonder why they suffer again when they try to figure out auto insurance. PIP Massachusetts law includes ‘no-fault’ auto insurance. This means that under the ‘PIP’ or Personal Injury Protection coverage of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are […]
WORKERS COMPENSATION: Injuries
Workers compensation covers injuries at work. The injuries can be caused by accidents, falling down, or by a machine. Sometimes, repetitive motion causes harm. Examples are constant typing at a computer or handling of machine controls and parts. Other workplace hazards include exposure to toxic chemicals or loud noise. Experiencing […]
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 […]
WORKERS COMPENSATION: BENEFITS DEFINED BY LAW
Employees injured on the job become eligible for workers compensation benefits to help them back on their feet. The compensation system represents a state mandated insurance system spelling out certain defined benefits to employees who suffer job related injuries and illnesses. Each state has its own workers compensation laws. What […]
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 […]
Can a Personal Injury Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she […]
Injury Cases: 10 Reasons Not To Do It Yourself
Injury cases at first might seem deceivingly simple and straightforward. But once you run into unknown legal hurdles and insurance tricks you realize it’s not so simple. Here are 10 reasons not to try the do-it-yourself approach on your injury case: 10. Notice Provisions Many people understand statutes of limitation. […]
