This disappointing news comes courtesy of the Boston Globe: Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago. Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, […]

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor’s parents. The parents, in the context of litigation, are referred to and named in the lawsuit as “next friend.” At times, a guardian must be appointed and approved by […]

I found this post over at San Francisco Mediation: A Better Solution authored by San Francisco Attorney Paula M. Lawhon that caught my attention because of its informative analysis of mediation in the context of a personal injury case. It deftly chronicles the mediation process from start to finish. If you will soon be involved in a mediation, irrespective […]

Today a Suffolk County jury awarded a man $13M for serious personal injuries he sustained after being struck by a motor vehicle. The case name is William T. Dodge v. Arda Tezel. With interest, the verdict comes to approximately $16M. The plaintiff was however assessed 1% comparative negligence by the jury. I will provide more information on this […]

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A. Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers. It is written in a way which makes the law a little less confusing and easier to understand. It is a FREE monthly […]

Boston pediatrician Robert P. Lindeman, MD was recently sued in connection with his alleged failure to diagnose diabetes in a young child.  A medical malpractice suit was brought against Lindeman in the Suffolk Superior Court due to the death of the child. Remarkably, during the trial, Lindeman created a blog under the pseudonym “Flea” and […]

Here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case: Know the date, time and location of the accident; Know where and when you sought medical treatment for your injuries; Do not give flowery answers; keep your answers brief and only answer the question that is asked; […]

One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense […]

Currently, plaintiffs in Massachusetts are losing at trial at an alarming rate. This is notably reflected in soft-tissue, minor impact motor vehicle accident cases. In these cases, defense attorneys in Massachusetts are winning the battle while injured plaintiffs are losing the great majority of these cases. Jurors deciding these cases are arguably reluctant to award money to […]

If a claim for personal injuries does not settle, a lawsuit will need to be filed. It is the filing of a complaint that officially begins a personal injury lawsuit. This document is legally referred to as a pleading. If you have a small case with limited injuries the case should be filed in District Court.  […]