Blog Posts
Is There Tax on Personal Injury Settlements & Awards?
Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries […]
Slip And Fall Cases: What Is Mode Of Operation Law?
Slip and fall accident cases present a challenge in proving that the property owner knew or should have known about the hazard that caused the injury. The injured person always bears the burden of proof. The burden traditionally required the injured person to prove that the property owner either caused […]
What If I Didn’t Go For My Day In Court?
Can a civil case be filed more than once if there was never a real hearing in the court room? On the first court date I couldn’t be there. The second time the other person and I agreed to a settlement and didn’t wait around for the case to get […]
What Is The Three Reindeer Rule?
The Three Reindeer Rule summarizes the law on when government Christmas displays are acceptable. U.S. Supreme Court “Three Reindeer Rule” In Lynch v. Donnelly, a 1984 U.S. Supreme Court decision, the court found that religious elements of a display were proper where they were part of a larger holiday expression including Christmas trees, […]
Children Drawn To Danger: What Is The Attractive Nuisance Law?
Attractive nuisance laws describe hazards so fascinating to children they lure kids in. Serious injuries can result. Unguarded pools top the list of attractions irresistible to children yet potentially fatal. Curiosity thrives in children. They’re drawn to danger. Hazards irresistibly attract children while presenting hidden dangers. Abandoned refrigerators, holes in the ground, […]
Does Posting My New Job Online Violate My Non-Compete Agreement?
Can posting a new job on Facebook or LinkedIn violate non-compete employment contracts? A hairdresser switches salons. She announces the change on Facebook. Previous clients find her. The old salon sues, claiming the post solicits their customers, violating non-compete and non-solicitation agreements signed by the hairdresser. The Vice President of a […]
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 […]
