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Ghosts in the machine & negligence

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

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 […]

Damages Award.

Damages – Compensatory & Punitive Damages in Products Liability Case

  The Massachusetts Supreme Judicial Court has upheld a $20 million verdict awarded after a 29 year old woman died as a result of sliding down a defective swimming pool slide which collapsed, causing her to strike the concrete deck of a swimming pool fracturing two vertebrae. Toys R Us, […]

Multi Lock. By Mike Baird on flickr

Spoliation of Evidence: Penalties Available in Civil Law

Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those who damage or destroy evidence. The legal theory holds that a party’s destruction of evidence shows consciousness of wrongdoing or motive to avoid evidence. Spoliation of […]

Comparative Fault

Comparative Fault: Contributory Negligence & Apportioning Liability

Comparative fault law allows apportionment of negligence among multiple parties who may share liability for one injury. Suppose a pedestrian runs across the street.  A car runs a red light, striking a second car which, while going through a green light, is speeding.  The impact pushes the speeder into the pedestrian, who is pushed into a […]

Discharge of Parking Tickets

Parking Tickets and Bankruptcy – Discharged?

Parking tickets – one of the nightmares of having a car in the city. People filing chapter 7 bankruptcies find tickets can be like a bad movie, they just won’t go away. Here’s the problem:  The U.S. Congress enacted the bankruptcy code, so we can’t be surprised that the law […]

Is Use Of Seat Belts Fair in Accident Claims

Seat Belt Use Admissibility in Injury Claims

Seat belt use reduces injuries and saves lives in motor vehicle accidents.  Statistics prove it. But should the use or failure to buckle up be admissible in a personal injury claim where one is injured by the negligence of another driver? This poses an entirely different question. Seat Belt Use […]

Optimizing Personal Injury Claim

OPTIMIZING PERSONAL INJURY CLAIM VALUE. Stepping it Up

Life is a learning experience.  But sometimes, making mistakes along the way hoping to learn isn’t the best approach.  Instead, if you’re serious about something, you hire a professional. Would you get on a jetliner knowing the person in the cockpit had no training and wanted to learn to fly […]

Supplemental Needs Trusts

Supplemental Needs Trust & Personal Injury

Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is finalized, an attorney drafts this trust to hold and disburse settlement proceeds and potentially other property for the benefit of the person receiving the settlement. Certain benefits are needs-based, […]

Boundary Disputes

Adverse Possession Law – Boundary Disputes

Adverse possession laws allow a person whose name is not on the deed to property to actually acquire legal title by meeting certain conditions. Adverse Possession Requirements The adverse possessor must openly, continuously, exclusively, adversely and notoriously use the land for a period of time which varies from state to […]

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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.

The information on this web site is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. This web site must be labeled advertisement in some jurisdictions.