If you’ve suffered serious injuries in a motor vehicle accident in Massachusetts—whether as a driver, passenger, pedestrian, or cyclist—understanding underinsured motorist (UIM) coverage and uninsured motorist coverage is critical, especially when the negligent driver’s insurance limits are insufficient. This blog post provides an overview of UIM claims, focusing on household member status and how it can impact your ability to recover compensation for medical bills, medical treatment, and other expenses.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage helps fill the gap when the at-fault driver’s insurance is insufficient to fully compensate you for your injuries and medical care after car accident.  It may come from your own insurance company or potentially from a household member’s policy.

Is There Additional Insurance Coverage Available?

When evaluating your car accident claim, it’s essential to explore all potential insurance coverage options. Key questions include:

  • Was the vehicle owned by someone other than the driver? The vehicle’s insurance policy is primary, but there might be coverage beyond that.  
  • If the driver does not own the vehicle, does the driver have their own insurance policy? This could provide an additional layer of coverage.
  • Was the driver acting within the scope of their employment? If so, their employer’s insurance might apply.
  • Are there umbrella policies or excess policies available? Always confirm whether additional coverage could provide compensation for your medical expenses and injuries.  

Do You Have Your Own Underinsurance Coverage?

If the at-fault party’s insurance is inadequate, your own underinsurance policy may apply. This protection is activated after you’ve exhausted the at-fault driver’s bodily injury claim.

What if you don’t have your own car insurance?  Can you use a Household Member’s Insurance Policy?

If you don’t have your own underinsurance policy, you might still be eligible for coverage under a household member’s policy.  In the state of Massachusetts, to qualify as a household member, you generally need to reside in the household and be related by blood, marriage, or adoption.  However, Massachusetts law recognizes that household membership is determined by living arrangements and the intent to reside together, not strictly by formal relationships.  

When determining whether someone qualifies as a household member for underinsured motorist coverage, Massachusetts courts consider several factors as outlined in Vaiarella v. Hanover Ins. Co., 409 Mass. 523 (1991).  These include: (1) whether the individual has an established connection to the named insured’s household, (2) whether they use the same address for receiving mail or other official purposes, (3) where the individual went after the accident—whether it was to the named insured’s household or another address, (4) the existence of a financially dependent relationship with the named insured, and (5) the individual’s intent to become a member of the household. These factors can significantly impact the eligibility for coverage.

Determining household member status can be complex and its important to speak with a experienced Boston car accident lawyer.  

What if there are multiple Insurance Policies?  Anti-Stacking Rules

Massachusetts law also addresses how coverage limits apply when there are multiple policies within a household.  G.L. c. 175, § 113L prevents policyholders from combining coverage limits across multiple policies. Instead, the policy with the highest limit within the household applies.  See Danielle L. Chenard vs. Commerce Insurance Co., 56 Mass. App. Ct. 576 (2002).

What if the Insurance Company Denies Household Member Status?

If your UIM claim is denied due to disputes over household member status, here’s what an experienced car accident attorney would do:  

  • Request the policy documentation: Obtain a copy of the insurance policy and any applications or renewal documents the insurance company is using to deny coverage.
  • Provide evidence of the living arrangement: Provide evidence to the insurance provider that you lived with the policyholder at the time of the accident to support your household member status.

If the issue is that you are not named as an operator or household member on the policy, MA courts have ruled that the burden is on the insurer to request updated information about household members. If no such requests were made, failure to list a household member during a policy period or after a renewal may not automatically result in denial of coverage.  See Quincy Mutual Fire Insurance Co. v. Quigley, 69 Mass. App. Ct. 147 (2007).

Notifying the Underinsurance Carrier and Requesting Permission to Settle

Once underinsurance coverage is confirmed, notify the UIM carrier and request permission to settle with the at-fault party. 

Contact Gavagan Law, LLC

At Gavagan Law, LLC, we specialize in providing dedicated legal support to accident victims navigating underinsured motorist claims after motor vehicle accidents in Boston, MA and throughout Massachusetts.  We understand the complexities of determining insurance coverage, including household member status, and are committed to ensuring you receive the full compensation you deserve.  Whether you’re dealing with insufficient bodily injury coverage from the at-fault driver or facing disputes over your right to recover under a household policy, our experienced legal team is here to offer expert guidance and advocacy. If you’ve been injured in a car accident, as a pedestrian, or a cyclist, and need help with an underinsured motorist claim, contact Gavagan Law by phone or with our contact form for a free consultation, and let our expertise ensure you receive the fair compensation you deserve.

Visiting an amusement park, water park, or carnival should be a fun and thrilling experience. However, accidents can happen, resulting in serious injuries or even wrongful death. If you or a family member has been injured at an amusement park in Massachusetts, it’s crucial to understand your legal rights, especially if you’ve signed a release. This blog post provides an overview of Massachusetts law regarding liability releases, premises liability, and the steps you should take after an amusement park accident to ensure you receive fair compensation.

Understanding Liability Releases at Amusement Parks

When you visit an amusement park, inflatable park, or water park, you might be asked to sign a release or waiver of liability. These documents typically state that you accept the risks associated with the activities and agree not to hold the park owners responsible for any injuries, even if they result from negligence.

Are These Releases Enforceable?

Massachusetts law generally upholds liability releases, meaning that if you sign one, it may limit your ability to pursue a personal injury lawsuit. Key cases supporting this include:

However, releases have limitations and may not protect park owners from claims involving gross negligence, reckless conduct, or statutory violations. For example, Zavras v. Capeway Rovers Motorcycle Club, Inc. (1997) highlighted that a release does not protect against claims of gross negligence, while Henry v. Mansfield Beauty Academy (1968) demonstrated that a release cannot shield an entity from liability for statutory violations.

What to Do After an Amusement Park Accident

If you’ve been injured at an amusement park, carnival, or on amusement park rides like roller coasters or Ferris wheels, taking the right steps immediately after the incident is crucial for protecting your legal options and securing financial compensation.

  1. Seek Immediate Medical Attention: Your health should be your top priority. Whether you visit an emergency room or receive treatment from on-site medical personnel, ensure that your injuries are documented. Prompt medical care is essential for your well-being and serves as critical evidence in any future personal injury claim.
  2. Report the Incident to Park Staff: Notify park management or ride operators about the accident, and make sure an official report is filed. This report helps establish a connection between your injury and the incident, which is vital for any premises liability claim or personal injury lawsuit.
  3. Gather Evidence: Document the scene of the accident by taking photos or videos of the dangerous condition that caused your injury. Collect contact information from witnesses who can support your case. This evidence will be crucial in establishing the park owner’s duty of care and proving negligence.
  4. Avoid Early Settlement Offers: Be cautious of quick settlement offers from insurance companies representing the park. These offers often undervalue your claim. Consulting with experienced personal injury attorneys before accepting any settlement is essential to ensure that you receive fair compensation.
  5. Consult with an Experienced Personal Injury Lawyer: Reach out to a personal injury law firm with years of experience handling amusement park injuries. An attorney can help you navigate the complexities of premises liability cases, determine the at-fault party, and pursue the full compensation you deserve for medical expenses, lost wages, and non-economic damages such as pain and suffering.

Premises Liability and Negligence

Even if you’ve signed a release, amusement parks and similar venues have a legal duty to maintain a safe environment. This includes ensuring that rides are properly maintained, ride operators are adequately trained, and unsafe conditions are promptly addressed. If your injury resulted from a failure to meet these obligations, you might still have a valid premises liability claim.

Common Injuries and Compensation

Accidents at amusement parks can lead to catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and fatal injuries. Victims may be entitled to compensation for medical expenses, property damage, lost wages, and more. In some cases, a personal injury lawsuit may also involve claims for wrongful death or product liability if the injury was caused by a defective amusement ride or water slide.

Contact Gavagan Law, LLC

Being injured at an amusement park or similar venue can be life-altering. Understanding the implications of any signed release and knowing the correct steps to take after an accident can significantly impact your ability to secure fair compensation. If you’ve been injured in Massachusetts, including Boston, Dorchester, Cape Cod, Suffolk County, Bristol County, or Plymouth County, contact Gavagan Law, LLC for a free initial consultation.  Our legal team has the experience needed to handle your premises liability claim and fight for your legal rights.

Personal injury cases can be complex and time-consuming, often leaving the injured party struggling to recover the compensation they deserve for their medical expenses, lost wages, and pain an suffering damages. If you’ve been involved in a car accident, struck by a vehicle as a pedestrian, suffered injuries in a motorcycle accident, or slip and fall in Boston, MA, or the surrounding areas, it’s crucial to have a skilled personal injury lawyer on your side.

The Expertise of Boston Personal Injury Lawyers

Boston personal injury lawyers possess the expertise and experience to guide you through the legal process, ensuring that your legal rights are protected and that you receive the financial compensation you deserve. Here’s how they can make a substantial difference in your personal injury case:

  1. Navigating the Legal System: Personal injury lawyers understand the intricacies of Massachusetts law and can efficiently navigate the legal system on your behalf.  This includes, filing your personal injury claim within the three-year statute of limitations period, understanding any notice requirements such as M.G.L.c. 258, and identifying any liability issues that may need to be overcome.  
  2. Maximizing Compensation: They work diligently to ensure you receive the maximum compensation for your injuries and medical bills by thoroughly investigating your case, gathering evidence, and negotiating with insurance companies.
  3. Handling Insurance Companies: Dealing with insurance companies can be overwhelming. Personal injury lawyers have the skills to handle negotiations, ensuring that insurance companies do not minimize your claim.
  4. Medical Record Management: They assist in collecting and organizing medical records to establish the severity of your injuries and the impact on your life.
  5. Expert Advocacy: Whether in negotiations or court, personal injury lawyers advocate for your best interests, holding negligent parties accountable, and obtaining the best possible outcome for your case.  

How a Boston Personal Injury Lawyer Helped Clients Overcome Difficult Times: Real Stories

For example, our office recently represented a husband and wife who were injured in a rear-end car accident while leaving Cape Cod. Both individuals had legitimate injuries, but the initial impact did not show the true extent of the damage. The insurance company minimized their claims, disputing one client’s pre-existing neck and back issues. Our team quickly obtained photographs and a property damage report of their vehicle, articulating the severity of the crash. We navigated through medical records, established causation, and successfully resolved their claims without filing suit. Additionally, we negotiated and reduced the medical liens on their cases, maximizing their recovery and obtaining a favorable result for our clients.

Pro Tip:  Local Expertise and Accessibility

One pro tip for anyone injured in an accident in Boston or the surrounding Massachusetts area is to seek out a local attorney with experience. While we live in a seemingly connected world, cases in Massachusetts will typically be handled by insurance adjusters familiar with the local landscape, filed in Massachusetts courts, and if unresolved, heard by a Massachusetts jury. The relationships and local knowledge that a local attorney possesses can greatly influence the success of your case. My suggestion is to research a reputable local law firm with a solid track record and experience to handle your case effectively.

Located in the heart of Boston, our office is located in Fields Corner, Dorchester, is easily accessible and accommodating to clients. For the past 10 years, our lawyers have exclusively handled cases in New England, including Boston, Dorchester, Cambridge, Cape Cod, Worcester, Plymouth, and the surrounding areas.  

Gavagan Law: Your Advocate for Personal Injury Claims

At Gavagan Law, we represent injured Massachusetts residents in various personal injury matters against insurance companies, negligent drivers, property owners, and medical professionals. Our areas of expertise include:

Accident victims and their loved ones are our priority. We provide unmatched legal representation and personalized solutions for every case. Our commitment is to secure the maximum financial compensation for our clients.

Contact Gavagan Law, LLC Today

If you or family members has been involved in an accident, contact Gavagan Law, LLC today for a free case evaluation.  We work on a contingency fee basis in personal injury matters.  Let us guide you through every step of your recovery process, from the initial free consultation to the final resolution of your case.  Call us or fill out our contact form.  

As a renter in Massachusetts, ensuring your living environment is safe and secure should be a top priority. This post delves into a case where a landlord’s negligence created a dangerous condition, causing an apartment fire and severe personal injuries to tenant.  This highlights the legal responsibilities of landlords and the rights of tenants.

Landlord Negligence and Tenant Safety: An Apartment Fire in Massachusetts

On a seemingly ordinary morning in a Medford apartment building, a fire broke out due to faulty wiring in the attic. Compounding the danger, the fire alarms were inoperative, having not been maintained with essential battery replacements. This oversight led to a tenant suffering severe burns while attempting to escape. This incident underscores the critical importance of adhering to building codes and maintaining essential fire prevention measures in rental properties.

Understanding Landlord Responsibilities

In Massachusetts, landlords have a duty of care towards their tenants, upheld by various legal standards to ensure tenant safety.

Negligence

Under Massachusetts law, a property owner must maintain their property in a “reasonably safe condition in view of all the circumstances,” as stated in O’Sullivan v. Shaw. This includes taking precautions against foreseeable risks such as fire hazards due to old or faulty electrical wiring and maintaining working batteries in fire alarms.

In a case like this, your experienced personal injury attorney would gather evidence to build your case, including obtaining a copy of any Fire Investigation Report completed by the fire department. Here, the Fire Investigation Report concluded that the negligent landlord failed to address known hazards, and the fire alarm system failed due to depleted batteries, further exemplifying the landlord’s neglect in fulfilling their safety obligations.

This case not only highlights the dire consequences of ignoring maintenance but also serves as a crucial reminder of the legal implications for landlords who fail to uphold safety standards.

Breach of Warranty of Habitability

In Massachusetts, the relationship between a landlord and tenant is governed not only by the lease agreement but also by a powerful legal doctrine known as the Warranty of Habitability. In MA, an implied warranty of habitability exists in every lease for residential property, requiring that the premises be fit for human habitation. In the rental of a dwelling unit, an implied agreement exists by the landlord “that the rented unit complies with the minimum standards prescribed by building and sanitary codes and that the landlord will do whatever those codes require for compliance” during the rental period. Crowell v. McCaffrey, 377 Mass. 443, 451 (1979). The implied warranty of habitability “carries with it liability for personal injuries caused by a breach.” Crowell v. McCaffrey, 377 Mass. 443, 451 (1979).

State Sanitary Code

The Massachusetts State Sanitary Code plays a pivotal role in defining these standards, specifying that residential properties must not possess conditions “that may endanger or impair the health or safety and well-being of any person.”

  • 105 CMR 410.750 – Conditions Deemed to Endanger or Impair Health or Safety
    • (L) Failure to install electrical, plumbing, heating and gasburning facilities in accordance with accepted plumbing, heating, gasfitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety.
  • 105 Mass. Reg. 410.482: Smoke Detectors and Carbon Monoxide Alarms
    • (A) Owners shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms…

Massachusetts State Sanitary Code is clear: landlords must provide and maintain Smoke detectors in operable condition, and install and maintain all electrical and heating facilities according to safety standards to prevent dangers such as fires. In our case , the landlord’s failure to maintain charged batteries in the smoke detector and update the unsafe electrical system directly contributed to the tragic fire.

What Should Tenants Do?

If you’re renting in Dorchester, Boston, or anywhere in Massachusetts, take these steps to protect yourself:

  1. Regular Inspections: Ensure your landlord performs regular inspections and maintenance of all electrical, plumbing, and heating systems.
  2. Report Problems: Immediately report any issues with safety devices (like smoke detectors) or potential hazards.
  3. Document Everything: Keep a record of all communications with your landlord about repairs and maintenance issues.
  4. Know Your Rights: Familiarize yourself with your rights under Massachusetts law. Consider consulting with a personal injury attorney if you believe your landlord is neglecting their duties.
  5. Regular Smoke Detector Checks: Massachusetts law requires that landlords install and maintain smoke detectors in all residential properties, but tenants can contribute by reporting any malfunctions or dead batteries immediately. Keeping a written record of such communications can be helpful if issues need to be escalated or if proof of reporting is required at a later date.

Seeking Legal Help

If you, like the tenant in our example, suffer an injury due to your landlord’s negligence, it may be time to seek legal counsel. An experienced personal injury attorney can help you understand your rights and options for claiming compensation.

At Gavagan Law, we specialize in providing comprehensive legal support for tenants and renters who have been involved in house fires or fires at apartment complexes and suffered burn injuries in Massachusetts. We understand the legal responsibility required of landlords in these types of premises liability cases, and how to contend with insurance companies to get the compensation you deserve to cover your property damage, medical bills, and medical treatment of any family members also seriously injured.  Call or reach out to Gavagan Law, LLC using our contact form for a free consultation, and let our expertise make a definitive difference in your case.  

Unfortunately, pedestrian accidents are on the rise in big cities such as Boston.  This guide delves into pedestrian accidents in Massachusetts, including the most dangerous locations, unsafe road design, and scenarios leading to serious injuries, pedestrian fatalities, and highlights the necessity of safe streets and safe pedestrian crossing infrastructure, such as appropriate speed limits, traffic signals, and  crosswalks.  

Common Types of Pedestrian Accidents

Pedestrian-involved crashes in Massachusetts occur in various high-risk scenarios, each presenting distinct dangers:

  • Parking Lots: These areas see frequent incidents where drivers, either reversing or hurrying for spots, collide with pedestrians, underscoring the risks in such spaces.
  • Intersections: Despite crosswalks and traffic signals aimed at ensuring pedestrian safety, driver errors at intersections are a common cause of accidents.
  • Sidewalks: Incidents on sidewalks involving impaired or distracted drivers reveal the vulnerability of pedestrians in supposed safe zones.
  • Nighttime Risks: Diminished visibility during the night significantly increases the peril for pedestrians, emphasizing the importance of vigilance after dark.

Understanding Negligent Driving and Pedestrian Protections

Massachusetts has strict road safety laws to safeguard pedestrians, especially in urban settings. The Massachusetts Driver’s Manual mandates that “drivers must yield to pedestrians in roadways”, emphasizing the necessity for drivers to remain vigilant and prioritize pedestrian safety at all times. Moreover, it is required that drivers maintain reasonable speeds, particularly in densely populated or “thickly settled” areas, to mitigate the risk of fatal pedestrian crashes and serious injuries. When crosswalk signals are not in place or in operation, a driver must yield the right of way to a pedestrian crossing the roadway within a crosswalk. Massachusetts General Laws Ch. 89, § 11

Key Factors Influencing Liability in Pedestrian Accidents

Assessing liability in accidents involving pedestrians and vehicles requires evaluating various factors to understand the accident’s context. Your experienced pedestrian accident attorney will investigate the circumstances of how the accident occurred to demonstrate how a driver’s failure to comply with established traffic safety norms, such as speeding or failing to yield, directly contributed to the accident. These factors include:

  • Accident Details: Important elements such as the date, time, and precise location of the incident, notably in areas with high pedestrian traffic.
  • Pedestrian Positioning: Whether the pedestrian was within a crosswalk, aligned with crosswalk lines, and their proximity to crucial road markers such as double yellow lines.
  • Right of Way: The status of crosswalk signals (“Walk” sign visibility) and the pedestrian’s motivations for crossing are significant in determining fault.
  • Driver’s Conduct: Factors considered are the visibility of the driver’s car to the pedestrian, the vehicle’s speed, and compliance with turn signal use.
  • Environmental Conditions: Weather, lighting conditions, and any potential distractions (e.g., smartphone usage) that could impact both pedestrian and driver behavior at the time of the accident.

In situations where the pedestrian may have contributed to the accident, Massachusetts’ comparative negligence law may adjust the compensation relative to the pedestrian’s degree of fault.

Comparative Negligence in Massachusetts: When Pedestrians are partially at Fault

In most cases, negligent drivers are held to be responsible in a pedestrian vs. car accident due to failing to pay attention, speeding, or failing to give a pedestrian the right of way.  However, pedestrians can also play a role in causing accidents by:

  • Ignoring crosswalks and traffic signals, 
  • Jaywalking, 
  • Venturing into areas where pedestrian access is restricted,
  • Abruptly stepping into the street into the path of an oncoming vehicle.

Massachussets follows the Modified Comparative Fault system, meaning the injured pedestrian is only able to recover damages if they were less than 51 percent at fault.  If the injured pedestrian is found to have contributed 51 percent or more to an accident, they are not entitled to recover at all.  However, the pedestrian is only found to be partially at fault (less than 51 percent), that Plaintiff can still collect damages, however there will be a proportional decrease in the compensation awarded.  For example, if the evidence indicates a pedestrian violated traffic rules and is decided to be 10% responsible for the accident, any damages they are awarded will be reduced by 10%.  

Legal Recourse

Addressing the aftermath of deadly pedestrian crashes due to a negligent driver encompasses investigating the accident scene, obtaining necessary evidence such as surveillance footage, photos and witness statements, as well as contending with the driver’s insurance company, and ensuring pedestrian victims are awarded fair compensation for their serious injury, medical expenses, lost income, any scarring, and potentially long term disabilities. At Gavagan Law, we are dedicated to advocating for the rights of pedestrian accident victims. From dealing with insurance companies, adhering to the statute of limitations, to representing you in negotiations or at court, we strive to ensure that negligent drivers are held accountable and that you receive the compensation you deserve. Contact us for a free consultation and an opportunity to discuss your case with an experienced personal injury attorney.

Motorcycle accidents can lead to serious injuries, extensive medical treatment, medical bills, and lost wages due to a prolonged recovery.  Tragically, these accidents occur because of negligent automobile drivers failing to abide by the speed limits, running through traffic lights, failing to check a blind spot, and many times these accidents result in severe injuries, spinal cord injuries, and even death.  Under Massachusetts law, injured motorcycle riders have the right to seek financial compensation from the negligent drivers’ insurance company through a personal injury lawsuit. These cases are similar to motor vehicle accidents, however per MA law, motorcycles are not entitled to personal injury protection benefits.  Given whats at stake, and the catastrophic injuries typically suffered, its important to speak with a skilled Boston motorcycle accident lawyer to help navigate the legal process.  

Proving Negligence in Your Motorcycle Accident Case

At the heart of every successful personal injury claim lies the ability to prove negligence. This legal battle revolves around:

  • Duty: The duties and obligations of the at-fault driver to the Plaintiff.
  • Breach of Duty: The failure to uphold these obligations and duties.
  • Causation: The accident and plaintiff’s injuries were caused by this failure.
  • Damages: The Plaintiff suffered injuries, losses, and/or property damage as a result of the accident.

Identifying Your Motorcycle Accident Type and Pursuing Compensation

Motorcycle crashes in Massachusetts vary, from single-vehicle crashes and high-speed impacts to no-contact accidents and incidents at busy intersections.

  • A “No-Contact Accident” occurs when a motorcyclist is forced to quickly maneuver to prevent a crash with a negligent motor vehicle operator, leading to an accident without a direct collision with another vehicle. The rider may have to drop their bike or lay it down to avoid the collision, and in the process sustains injuries.
  • Lane-Change Collisions: Vehicles making lane changes can collide with cars, usually absorbing the impact. Motorcycles, on the other hand, risk being toppled or ejected from the road, leading to significant injuries for riders. The motorist initiating the lane change or merge is typically held liable in these instances.
  • Following Too Closely Accidents (Tailgating): When a negligent driver fails to maintain a safe following distance, particularly around motorcycles, serious accidents can occur. Generally, a driver who rear-ends a motorcycle due to following too closely is accountable for causing the crash.
  • Intersections Collisions: Determining fault in accidents occurring at intersections is often straightforward, guided by traffic signals and signs. The driver who disobeys traffic controls, running a red light or a stop sign, is generally at fault.
  • Turning Accidents: Vehicles making left turns must yield to oncoming traffic, including motorcycles. Failing to yield and causing a collision puts the turning driver at fault.

Correctly identifying the nature of your accident and collecting relevant facts is crucial for establishing fault and seeking damages.

Injuries Sustained in Motorcycle Collisions

The aftermath of a motorcycle collision can lead to a spectrum of injuries, ranging from mild to life-threatening, including but not limited to:

  • Surface injuries such as cuts, lacerations, and bruises
  • Road rash, characterized by skin abrasions from sliding across pavement
  • Traumatic brain injuries (TBIs) alongside other types of head injuries
  • Injuries to the spinal cord, as well as other injuries affecting the neck and back area
  • Bone fractures and breaks, from minor cracks to complex breaks
  • Internal injuries, including organ damage, fractured ribs, and punctured lungs

The severity of these injuries can greatly affect the length and complexity of the recovery process, potentially requiring extensive medical treatment over months or even years.

Understanding Damages

“Damages” refer to the monetary compensation awarded to individuals who have suffered loss or harm due to the wrongful actions of others. In the context of motorcycle accidents, damages are intended to cover a wide range of losses incurred by the victim, including medical expenses, lost wages, and compensation for pain and suffering endured as a result of the accident. Additionally, damages may cover property damage to the motorcycle and any other possessions affected. The aim of awarding damages is to restore the injured party to the financial position they would have been in had the accident not occurred, as much as possible.

The Impact of Helmet Use on Your Claim

Massachusetts’ commitment to rider safety is evident in the state law mandating helmets for all motorcycle operators and passengers, as per the Massachusetts General Laws, Chapter 90, Section 7. While helmet usage doesn’t prevent accidents, its role in damage assessment, especially concerning head injuries, is significant. Yet, with the help of skilled personal injury lawyers, the focus remains on the negligent driver’s actions.

Comparative Negligence in Massachusetts

Understanding the concept of comparative negligence is crucial in Massachusetts motorcycle accident cases, as it can significantly influence the outcome of your claim. Should evidence suggest that you breached any traffic regulations or made errors while riding your motorcycle, a jury might determine you share a portion of the fault, leading to a proportional reduction in your compensation. For example, being deemed 10% responsible for the incident means a 10% deduction in your recoverable damages. Our skilled Boston motorcycle accident attorneys are committed to advocating on your behalf, striving to demonstrate the other motorist’s fault in your crash.

Why Legal Expertise is Vital

Navigating the insurance landscape and gathering evidence are pivotal steps in securing fair compensation for motorcycle accident victims. When dealing with insurance companies, presenting a strong case supported by comprehensive evidence is crucial. This evidence includes medical records detailing the extent of your injuries, documentation of property damage, witness statements, pictures of the accident scene, and surveillance footage, all underscoring the severity of the motorcycle crash and the negligent driver’s liability. Engaging an experienced motorcycle accident lawyer early can significantly enhance your ability to compile this evidence effectively.

The Statute of Limitations for Motorcycle Accident Claims in Massachusetts

In Massachusetts, pursuant to M.G.L. Chapter 260, Section 2A, the statute of limitations for filing a motorcycle accident claim is three years from the date of the accident. Missing this deadline can significantly impact your ability to recover damages for your injuries, medical expenses, and other losses. It’s essential to consult with an experienced Boston motorcycle accident lawyer promptly to ensure your claim is filed within this timeframe, safeguarding your legal rights.

Proactive Steps for Motorcycle Accident Victims

Immediate action is critical:

  1. Seek medical attention to address your injuries promptly.
  2. Document the accident scene comprehensively.
  3. Engage with a motorcycle accident lawyer to discuss your motorcycle accident claim and understand your legal options.

At Gavagan Law, our expertise lies in navigating the complexities of motorcycle accidents.  With a dedicated team at your side, you can navigate the legal process confidently, focusing on recovery while we fight for your rights. If you or a family member has been injured in a motorcycle accident in Massachusetts and suffered serious injuries, Gavagan Law is committed to obtaining the compensation you deserve for your injuries.  Contact us for a free case evaluation.

In Massachusetts cities and towns, pedestrian accidents involving motor vehicles are a significant concern, especially in busy areas like Cambridge, Somerville, Dorchester, Brookline, and the surrounding Boston area.  Despite stringent traffic laws and safety measures like crosswalks, these accidents often occur at busy intersections and in parking lots due to negligent drivers failing to pay attention, speeding, failing to give a pedestrian the right of way.  These types of traffic accidents ​frequently lead to serious pedestrian injuries or pedestrian fatalities due to the negligence of drivers. Gavagan Law is committed to assisting victims of such incidents by shedding light on their legal rights, guiding them through the process of lodging a personal injury claim, and aiding in securing the restitution they rightfully deserve.

Understanding Your Legal Rights in Pedestrian Accident cases

M.G.L. Chapter 89 §11 and the Massachusetts Drivers Manual explicitly instructs that motorists “must yield to individuals on foot within a roadway,” spotlighting the state’s dedication to the well-being of pedestrians. Moreover, drivers must observe reasonable speeds in populated areas and adhere to the established speed limits in sensitive zones, like a school zone with a maximum speed limit of 20 mph. 

Compensation for Victims against the at-fault driver

Victims of pedestrian incidents may be eligible to seek compensation against the at-fault driver’s bodily injury insurance policy for their damages, which include:

  • Medical bills: Medical-related costs due to serious injuries sustained in the incident. This includes severe injuries such as head trauma, broken bones, and traumatic brain injuries, which often result in significant medical expenses and may require extensive medical treatment.
  • Lost Income: Wages lost during the period of recuperation, including potential future earnings.
  • Property Damages: Compensation for any personal property damage incurred during the incident.
  • Pain and Suffering: Compensation for the physical discomfort and emotional distress experienced as a result of the incident.

No-Fault Insurance

Additionally, under the Massachusetts no-fault insurance framework, otherwise known as Personal Injury Protection (PIP), pedestrian vs. motor vehicle accident victims are entailed No-fault Insurance benefits through the vehicle that struck them, irrespective of fault. 

Statute of limitations

In Massachusetts, pedestrian accident victims must initiate a personal injury lawsuit against the at-fault driver within three years following the incident to maintain their legal rights.  Pedestrian accident lawyers play a critical role in this process, offering expert guidance and representation. 

Immediate Steps Following a Pedestrian Accident

The accident scene following a pedestrian crash is often chaotic and overwhelming, however, important steps can be taken to safeguard your legal rights and future claim. 

  1. Law enforcement should be notified immediately, allowing for an official report to be filed by the Boston Police or relevant law enforcement agencies. This report can be crucial in establishing the negligent party’s responsibility, especially if the driver of the vehicle violated traffic signals or was otherwise at fault.
  2. Victims should also seek immediate medical attention, even if injuries are not immediately apparent. Some injuries, like head injuries, may not show symptoms right away but can have serious consequences if left untreated.
  3. Driver’s Insurance info.  Obtain the driver’s insurance information and drivers license information.  
  4. Identify any witnesses who may have witnessed the accident and obtain their contact information.  
  5. Photographs.  If you able, take photographs of the accident scene including the crosswalk, traffic signals, and crosswalk signs.  

Jaywalking and Liability

Cases involving jaywalking present additional challenges, yet compensation remains a possibility under the comparative negligence rule if the driver is also at fault. Expert legal guidance is indispensable in these scenarios to ensure a fair liability assessment and to advocate for your rights.

Comparative Fault in Massachusetts

Massachusetts’ comparative fault rule could influence your compensation if you’re found partially at fault for the accident. However, victims can still recover damages provided their share of the fault is under 51%.

Free Consultation: Your First Step Towards Recovery

At Gavagan Law, we are dedicated to advocating for the rights of pedestrian accident victims.  From dealing with insurance companies to representing you in negotiations or court, we strive to ensure that negligent drivers are held accountable and that you receive the compensation you deserve. Contact us for a free consultation and an opportunity to discuss your case with an experienced personal injury attorney. This initial consultation is a critical step in understanding your legal options and the best course of action to take to ensure you are fully compensated for your injuries and losses.  If you or a loved one has been involved in a pedestrian accident, contact Gavagan Law today. 

Navigating Massachusetts roads is a daily necessity for many workers including delivery drivers, tractor-trailer operators, truck drivers, shipping companies, sales representatives, home healthcare providers, and field service technicians. When these individuals are involved in accidents during the course of their employment, serious injuries can occur and understanding their legal rights becomes paramount, especially in relation to workers’ compensation benefits and third party claims against the at-fault driver.

When does Workers’ Compensation Apply in a Car Crash?

In Massachusetts, if you’re involved in an car accident during the course of your employment, you’re entitled to workers’ compensation benefits which is governed by Mass. General Laws c.152. Navigating the complexities of motor vehicle accidents during the course of your employment can be complex, with specific limitations and nuances to WC coverage.

Typically, accidents during your regular commute to and from work are not considered work-related, a principle known as ‘the Going and Coming Rule‘. In contrast, if your job duties involve driving, such as delivery drivers or tractor-trailer drivers, any accident you encounter falls under the purview of workers’ compensation. However, there are exceptions to ‘the Going and Coming Rule’, depending on the specific circumstances, for example:

  • An employee sent on a special errand. If a worker is asked by their employer to go to the Post Office or to the bank during their work day. That employee would be entitled to workers compensation if involved in an accident.
  • An employee who regularly leaves their office to perform their work. This is known as the ‘traveling employee’ exception. For example, a Social Worker or Home Health Care Worker who travels to patient’s homes. Or a project manager who travels between job sites during the course of their work day. The case of Valerie Hatch clarifies the “traveling employee” exception under Massachusetts law, demonstrating that workers commuting from assignments at distant locations may be entitled to workers’ compensation for injuries sustained during travel.
  • An employee who is injured while on the employer’s property and is either going to or coming from work. For example, a employee who is leaving for the day, walking to their vehicle in the employer’s parking lot and is struck by another vehicle or slips and falls on ice.

In these scenarios the employee would be covered by workers compensation benefits.

Personal injury protection (PIP) benefits under conventional Massachusetts vehicle insurance doesn’t apply in work-related motor vehicle accidents, workers’ compensation steps in, covering medical bills for reasonable medical care, a percent of your weekly earnings (lost income), and in the case of serious injuries, compensation for scarring, disfigurement, and job retraining. Similar to PIP benefits, Workers’ Compensation benefits are applicable regardless of fault.  However, workers compensation doesn’t provide compensation for pain and suffering.

Third-Party Claim Against the Negligent Driver

Whether the accident occurred in Boston, MA, or any other city in Massachusetts, if the accident resulted from another driver’s negligence, you’re positioned to assert both a workers’ compensation claim and a personal injury claim against the at-fault party, potentially broadening your channels for securing fair compensation. This is referred to as a third-party claim. A third-party negligence claim can open the door for compensation not available under Workers’ Compensation, such as full reimbursement for lost wages, medical costs, as well as pain and suffering damages.

Steps to take after you’ve been in a motor vehicle accident

If you’re involved in a motor vehicle accident during the course of your employment in Massachusetts, it’s crucial to take certain steps to safeguard your legal rights and ensure fair compensation for any property damage, lost income, and medical expenses incurred. 

  • First, call law enforcement to the scene of the accident to file a police report, a vital step in documenting the event and the extent of any serious injuries.
  • It’s also important to seek immediate medical attention, even if injuries aren’t immediately apparent, as some car accident injuries can manifest later. This not only prioritizes your health but also provides a record of medical treatment, critical for a workers’ compensation claim or personal injury claim.
  • Next, gather contact and insurance information from the at-fault driver and any witnesses, and take pictures of the accident scene if you can. This documentation can be crucial when dealing with insurance companies or if you decide to pursue legal action. 
  • Inform your own insurance company about the traffic accident, and seek legal advice. Remember, Massachusetts law and the statute of limitations can affect your claim, so it’s wise to consult with a personal injury lawyer who understands the legal process and can guide you through a potential claim.

Conclusion

Lastly, consider scheduling a free consultation with Gavagan Law.  Our proficiency in Massachusetts law, coupled with our comprehensive understanding of workers’ compensation and third-party claims, empowers us to ensure you receive the full spectrum of benefits and compensation to which you’re entitled.  We’ll help you navigate the complexities of your case, advise you on dealing with insurance companies, and ensure you receive the benefits and financial compensation you’re entitled to.  

In Massachusetts, if you’re a worker and you’ve sustained an injury while on the job, understanding the legal protections and options at your disposal is paramount. In the unfortunate event of a workplace accident, two distinct avenues for compensation often emerge: a workers’ compensation claim and a third-party liability claim.

Workers’ Compensation in Massachusetts

Generally, in Massachusetts, an employee can’t sue their employer for a work-related injury.  Instead, the Massachusetts Workers’ Compensation Act, Mass. General Laws c.152, serves as the primary safeguard for employees. This no-fault system ensures that if you’re injured on the job, you’re entitled to certain benefits regardless of who was at fault for the injury. These benefits encompass reasonable and necessary medical expenses, wage benefits, and vocational rehabilitation if you sustain a serious injury and are no longer able to work in your previous capacity.

However, there are exceptions to the rule against suing your employer. For instance, if your employer fails to carry workers’ compensation insurance, you, as an injured employee, may file a personal injury claim against your employer for the full spectrum of tort damages, as outlined in G.L. c. 152, §§ 66 and 67. Under these sections, the uninsured employer has no common law defenses. In addition, the employee in such cases may file a claim with the Department of Industrial Accidents and seek workers’ compensation benefits from the Workers’ Compensation Trust Fund.

If your injury at work stems from your employer’s serious or willful misconduct, you might be entitled to double the workers’ compensation benefits pursuant to Section 28. To qualify, the employee must demonstrate that the employer’s actions were intentional or highly reckless, posing an unreasonably high risk of bodily harm. It’s important to understand that workers’ compensation disability benefits are capped at a certain percentage of the injured worker’s average weekly wage and are only available for a limited time period.  Moreover, workers’ compensation does not cover pain and suffering damages.

Statute of Limitations for Workers’ Compensation Claims

General Laws c. 152, § 41 stipulates that a claim for benefits must be filed within four years from the date of the injury or from when the employee first became aware of the connection between their disability and their employment.

Beyond Workers’ Compensation: Third-Party Personal Injury Claims

While the workers’ compensation framework typically precludes you from suing your employer, scenarios exist where you can pursue additional legal action, particularly against negligent third parties. For instance, if a third party’s negligence (like another independent contractor on the construction site, faulty equipment, defective products, or negligent property owner) caused your injury, you have the right to initiate a third-party lawsuit against that entity. This path opens avenues to compensation not available under workers’ compensation, including full reimbursement for lost wages, medical costs, and pain and suffering damages.

In pursuing a third-party lawsuit, the injured worker must prove that the third party was negligent and that this negligence caused their injuries. Often, an injured worker will have two claims concurrently: a workers’ compensation claim and a third-party claim.

Worker’s Compensation Liens and Third-Party Claims

Under M.G.L. Chapter 152, section 15, the workers’ compensation insurer is authorized to place a lien on the third-party negligence claim and will be reimbursed upon the conclusion of the third-party claim.

Contact Us for a Free initial consultation

Navigating the complexities of workers’ compensation and third-party personal injury claims can be daunting, especially when you’re coping with the aftermath of serious injuries from a workplace accident.

At Gavagan Law, we are committed to evaluating the circumstances of your accident and collaborating with industry experts to identify negligent subcontractors and unsafe working conditions and pinpointing the third-party liability.  We’re here to guide you through the legal process, and ensure your rights are protected and you receive the full compensation you deserve.  Whether you’re dealing with a work-related car accident, a construction site injury, or other work accident, Gavagan Law is your trusted partner.  Contact us today using our contact form for a free consultation, and let our expertise in workers’ compensation claims and third-party negligence cases work for you.

In Massachusetts, the standards for skilled nursing and rehabilitation facilities and nursing homes is particularly stringent, a testament to the seriousness with which we approach the care of our senior citizens, especially those in nursing homes and long-term care facilities.  These standards are of paramount importance when considering the well-being of older adults, who are at a higher risk of serious injuries from falls, a concern that often brings family members to seek the expertise of nursing home abuse lawyers.  This blog post provides an overview of the importance of adequate interventions when an elderly resident is prescribed certain types of medication.

Assessment and Care Planning: A Cornerstone of Elderly Care

Nursing homes and their staff members are obligated to meticulously assess elderly nursing home residents, who are at a high risk of falling. This includes, performing a fall risk assessment, preparing a plan of care to reduce the risk for falls, and update that plan of care whenever the resident undergoes a change of condition.  Finally, to render care in accordance with that plan of care and the resident’s physician’s orders.  

Crafting and consistently updating a care plan, in harmony with the resident’s medical conditions and physician’s directives, is not just a recommendation—it’s a crucial legal and ethical requirement. This care plan is a critical component in minimizing risk factors and ensuring the quality of life for our elderly people.

Strict Adherence to Physician’s Orders: The Bedrock of Safe Medication Practices

The cornerstone of nursing home care is the adherence to the physician’s orders. Any deviation, unless necessitated by urgent medical situations, can constitute a breach of the standard of care, potentially leading to serious injuries, and result in nursing home fall lawsuits. This is particularly critical when considering the administration of medications known for increasing the risk of falls, such as psychoactive drugs or certain blood pressure medications.

Medication and Increased Fall Risk: A Delicate Balance

For our elderly residents, medication management can be a tightrope walk.  For example, a nursing home resident was prescribed psychoactive drugs, which decreased his own safety awareness, and heightened his risk of falling.  A common cause of falls that can cause hip fractures and head trauma among older individuals.  However, nursing home staff also removed his bed and chair alarms, allowing him to get out bed at night and walk to the bathroom, unassisted.  This underscores the necessity for meticulous nursing interventions, like bed alarms, and a robust fall risk assessment protocol.  

The Critical Timing of Medication Effects

Understanding the pharmacokinetics, like the peak effects of medications such as Klonopin and Ativan, is crucial. In our example, the elderly resident fell attempting to get out of bed at night, and the timing of the medication coincided with the resident’s fall, pointing to correlation between the medication’s peak effects and his increased risk of falls.  Proper interventions could have been put in place to prevent a fall such as this.    

Seeking Legal Guidance with Gavagan Law

At Gavagan Law, our expertise lies in navigating the complexities of nursing home negligence, especially cases intertwined with medication errors, or any form of inadequate care leading to fall-related injuries.  We delve into healthcare research, clinical practice guidelines, and the latest findings from the National Library of Medicine to advocate for the legal rights and safety of your loved ones.

If an elderly parent or loved one has recently fallen at a nursing home in Massachusetts and suffered serious injuries, Gavagan Law is committed to guiding you through the intricacies of these sensitive cases, and obtaining the compensation they deserve for their injuries.  Contact us for a free consultation.