Generally in Massachusetts, if you slip and fall at a retail store, the store will refuse to give to you a copy of the incident report. The insurance adjuster assigned to your claim will also refuse to give to you a copy, even if you have an attorney working the case for you. Usually, the […]

The Massachusetts Appeals Court last week decided the case of SOEDERBERG vs. CONCORD GREENE CONDOMINIUM ASSOCIATION & another. In that case, the Plaintiff was injured while walking from a walkway to a parking lot as she was trying to get to her car parked in the parking lot. Both the walkway and the parking lot had […]

You may have a case. These cases are often brought by tenants against landlords. Under the law in Massachusetts, landowners have a duty to remove snow and ice from exterior staircases. This is an exception to the unnatural accumulation theory of recovery. Of course, the fact that you fell on an exterior staircase does not make […]

Here is the story from nypost.com: Globetrotting CNN anchor Anderson Cooper is often at the scene of danger, but he allegedly overlooked a potentially deadly hazard in the Greenwich Village firehouse he’s converting into a new home. A 29-year-old interior designer is suing Cooper and the company owned by downtown architect and residential real-estate developer Cary […]

On Monday, the SJC, which is the highest court in Massachusetts, heard oral arguments in the case of Papadopoulos v. Target. This case could change Massachusetts snow and ice law by possibly doing away with the unnatural/natural accumulation theory. It would be a great and innovative change in the law which will give Massachusetts slip […]

Here is what you can expect when a slip and fall case settles with an insurance company: Client signs the Release in the presence of a witness (and sometimes a notary is required); All medical liens are negotiated; Client and attorney sign settlement check, and attorney deposits settlement check into escrow account (attorney can sign […]

It compensates for the medical treatment the injury victim had to endure; It covers the medical bills and liens that must be paid out of the settlement; It adequately compensates injury victim for lost wages, and if applicable, future lost wages or impairment of earning capacity; It fairly compensates for the physical pain and suffering […]

In the next couple months the highest court in Massachusetts – the Supreme Judicial Court – will be deciding a case that could do away with the unnatural accumulation requirement for snow and ice cases. I will post and write about this decision as soon as it comes out. This case could be a watershed […]

What are ‘damages’ from slip and fall accidents?  I found the following on the Cornell Law School website: Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive. (The term “damages” typically includes both categories, […]

Some cases settle relatively quickly, while some take years to settle. Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury. The bottom line: there is no way to predict how long your case will take to resolve, assuming it […]