Why Are Massachusetts Injury Victims Losing at Trial?

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; […]

Yes. Massachusetts recognizes loss of consortium claims. If your spouse was injured in an accident, and his/her injuries have affected the marriage relationship, then a loss of consortium claim can be brought. Sometimes an injury victim is unable to offer the affection and companionship he/she was able to provide before the accident. When this occurs, the spouse for the […]

Yes, you can. It is your homeowners insurance policy which provides liability coverage to you for these accidents. It is imperative that you contact your insurance carrier immediately after the accident. Once you report the event, your carrier will conduct an investigation and will begin communicating with the victim’s attorney. Since the Massachusetts dog bite statute is a […]

In Massachusetts, if you are hurt at work, you cannot sue your employer for your injuries.  What the law allows you to do is to file a claim for Massachusetts workmans compensation benefits for your on-the-job injuries. As a Boston workmans compensation attorney, I am frequently asked by clients if they may sue for pain and suffering. While […]

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 […]

The US Supreme Court in the case of Scott v. Harris today articulated what is arguably a new rule when it comes to police officers chasing criminals. In that case, Victor Harris was fleeing from the police.  Police Officer Scott, in an effort to stop Harris’ vehicle. rammed it from the rear with his police cruiser. This […]

The Massachusetts Appeals Court recently decided the case of O’Brien v. Leahy Landscaping. In that case, the plaintiff, O’Brien, sustained a fractured wrist after slipping and falling due to snow and ice that had remained on the Defendant’s premises for five days following a snow storm. As you may know from reading this blog, the only way […]

I found the following post on the Atlanta Injury Law & Civil Litigation Blog which makes reference to a report published in the May issue of the Michigan Law Review about how, and why doctors have the advantage in medical malpractice trials. Here is the post: A report which will be published in May in […]

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 […]