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Tag: Winning a Slip and Fall Case

When Property Dangers Cause Injury

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 […]

Reserves And How They Reduce an Injury Claim

When new claims are reported insurance companies set something called a reserve in the process of setting up a new file.  The reserve establishes the estimated value of the accident claim.  Required as an accounting procedure, reserves enable insurance executives to estimate the company’s total potential losses. From an accounting […]

Mode of Operation approach

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 […]

Establishing Cause - Injury cases

Proximate Cause: Personal Injury Claim Causation Requirement

In a famous case, a commuter runs for a train that’s just started rolling.  The man sprints across the platform.  A conductor on the train reaches out, pulling the man.  Another railroad employee on the platform pushes him onto the train.  A wrapped package falls out of the man’s hands onto […]

Reasonable Damages

MITIGATION OF DAMAGES IN PERSONAL INJURY

  No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury.  At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. […]

Life Expectancy Charts

Life Expectancy Tables In Personal Injury Cases

  Life expectancy tables provide key information in evaluating some personal injury cases.  The tables give a statistical perspective, a number, telling us how long any given human being can be expected to live. One of the most often overlooked elements of a personal injury case calculates long term potential damages […]

SNOW AND ICE PERSONAL INJURY CASES

Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery.  Fault must be established on […]

Personal Injury Reasonable Man Standard

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 […]

Injury Do It Yourself

Injury Cases: 10 Reasons Not To Do It Yourself

Injury cases at first might seem fairly simple and straightforward.  But once you run into unknown legal requirements 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. […]

torts

PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]



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.

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