Massachusetts Injuries

FAQ Glossary Resources Writers

English Espanol

Search results for “comparative negligence”

20 results

A Worcester insurer will call you 51% at fault to make your broken leg worthless

A hair salon worker with a compound femur fracture is getting hit with the oldest insurance trick in Massachusetts: blame you hard enough and the money disappears.

ARTICLE by Tyrone Mitchell

Six months after that Worcester store fall and your hip still isn't right - did staying quiet wreck the case?

A quiet fall, a gap in treatment, and three different companies denying blame is exactly how a decent Worcester injury claim gets gutted.

ARTICLE by Joanne Kowalski

Preserve Key Evidence Before a Lowball Lung Claim

If a mine worker in Massachusetts is getting two totally different stories about serious lung damage, the first fight is evidence, not trust.

ARTICLE by Meredith Harrington

What happens if key evidence gets destroyed, altered, or lost after an injury? That is spoliation: the failure to preserve evidence that is relevant to a claim, defense, or...

Uber's insurer and the rental car company keep blaming each other - what are they trying to dodge?

A broken pelvis after an Uber drop-off can turn into a three-insurer blame circus fast, especially when the car that hit you was a rental.

ARTICLE by Sean Flaherty

Ashamed to ask, but a Boston hospital lien can swallow a nursing home neglect case

A Boston accountant dealing with suspected nursing home neglect finds out the hospital that treated the fallout wants a huge cut of the recovery.

ARTICLE by Patricia Chen

open and obvious danger

Missing this idea can wreck a claim after a bad fall or other property injury, because a landowner may argue the hazard was so visible that any reasonable person should have...

Worcester store parking lot, shattered femur, and now the company says he was off the clock?

A bad leg break at a Worcester business can still be a real claim even if the company says its driver was "off the clock."

ARTICLE by Meredith Harrington

I signed the paperwork fast - did I sign away a Fall River lawsuit?

A med mistake at assisted living can still be a real injury claim in Massachusetts even if the contract buries an arbitration clause.

ARTICLE by Tyrone Mitchell

Worcester go-kart burn just happened do I need a lawyer right now?

The mistake that costs people the most money is talking to the insurer before you know how bad the injury is. From the insurance company's perspective, they want this to look...

People often mix up a declaration and an affidavit. Both are written statements of fact, but an affidavit is typically sworn before a notary or other authorized official, while...

Not just anyone who gets hurt on someone else's property qualifies as a trespasser. A customer who walks into the wrong doorway, a delivery driver using the front steps, or a...

burden of proof

People mix this up with the standard of proof, but they are not the same. The burden of proof is about who has to prove a claim or defense. The standard of proof is about how...

preponderance of evidence

What do you actually have to prove to win a civil case? In most injury lawsuits, you do not need to prove your case beyond all doubt. You need to show that your version of...

statute of repose

How can a lawsuit be too late even if you only recently found out what caused the harm? A statute of repose is a hard cutoff that can erase the right to sue after a set number...

statute of limitations

Like a punch-clock deadline at the end of a shift, once the window closes, nobody cares how good your excuse is - the chance is gone. A statute of limitations is the legal time...

My right arm is shot from running equipment and workers' comp says treatment isn't necessary

A Brockton construction worker who walks to work is getting blocked by the insurer after developing tennis elbow from heavy equipment, and the fight is over whether care is "medically necessary."

ARTICLE by Joanne Kowalski

Like asking a foreman to recheck a call after a worker gets blamed for a bad read, an appeal is a request for a higher court to review what a lower court decided. It is not a...

You just got a letter that says you were a "licensee" on the property, not an invitee, and that wording can affect how an insurance carrier evaluates fault. A licensee is a...

Why is my insurer blaming the installer for my Boston house fire burns?

The worst mistake is believing the insurer when it says, "This is really the installer's problem, not ours." From the insurance company's perspective, that story helps them. If...