Legal Blog

Contributory Negligence and how it impacts your personal injury case.

Under Massachusetts law, “Contributory Negligence” states that if the injured party is found to be more negligent than the responsible party, the injured cannot recover compensation. Plaintiffs can recover compensation if they are under 51% responsible for the incident. However, if it is found that the Plaintiff was negligent, they cannot be awarded damages. In a recent case out of Middlesex Superior Court, a pedestrian was struck by a vehicle while on a crosswalk. She

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Who pays the medical expenses when you are hit as a pedestrian?

In Massachusetts, if you are involved in a car accident, you are entitled to Personal Injury Protection, or “PIP” coverage. This policy ensures that your initial medical expenses related to the accident are covered. PIP coverage typically comes from your automobile insurance company; but what if you are hit as a pedestrian? If you are hit by a car as a pedestrian, you are more likely to sustain severe injuries, and consequently incur higher medical

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Debt and Divorce

During divorce proceedings, there is a separation between marital, and separate property. In Massachusetts, marital property must be divided equitably. Marital property can include both your assets and your debts. This raises the question: how is the debt divided up? One may think that a debt incurred in one spouse’s name, will be assigned to them after the divorce; however, this is not always the case. If a debt is incurred by one spouse, prior

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Clear off your car!

While there is no specific law on the books requiring motorists to clear their vehicles of snow and ice, there are several laws that they can use to ticket motorists who fail to do so. One is a $40.00 fine for impeded operation and there is a $200.00 fine for driving with an unsecured load. This would include the heavy sheets of snow and ice on a vehicle’s roof.

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When you get paid under the table

Can you still bring a Worker’s Compensation claim if you are paid “under the table?” Working for an employer who pays you in cash or “under the table,” can seem beneficial; however, this practice does not come without risks. Industries that are prone to this practice typically often involve physical labor and, subsequently, the risk of injury. So what happens if you get hurt on the job? When your wages are recorded, the path to

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Luke Bryan might think rain is a good thing but for motorists, it’s not and here’s why.

Are you aware that the most dangerous time to drive is immediately after it starts raining? The first few moments of a rainstorm pose an increased risk to drivers. And it’s not because of decreased visibility if that’s what you were thinking. Roadways are subject to build up from hazardous materials left behind by vehicles. During a dry spell oil and grease from car engines is built up on the roadway. In the first moments

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Fathers, know your rights!

Did you know that fathers, even if listed on the birth certificate, have no rights with respect to their children if they were not married to the mother unless they file a court action? In Massachusetts, unmarried mothers have all of the rights and control until such time as father files for those rights in court. For example, if father and mother end their relationship and mother wants to move to a different State, it

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Driving with your JOL

In the state of Massachusetts, you are allowed to obtain a Junior Operator License at the age of 16 ½. A Junior Operator License or JOL is provided to any driver under the age of 18 allowing them to operate a vehicle under the following restrictions: A driver with a JOL license cannot have a passenger unless it’s an immediate family member or a licensed driver over the age of 21. Additionally, a driver with

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When you are in an accident while driving a rental car.

If you’re renting a car for your travels this holiday season, you may have asked yourself: what happens if I get in an accident in a rental car? In Massachusetts, the process of a personal injury claim when driving a rental car, is similar to that of a claim in a personally owned vehicle. However, there are a few minor differences, of which you should be aware. If you are involved in an accident in

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Driving under the influence of marijuana.

As most of you may know, two dispensaries in Massachusetts; Cultivate, in Leicester, and New England Treatment Access, in Northampton, have begun selling marijuana for recreational usage. Before patronizing your nearest dispensary, it is important that you are aware of Massachusetts’ state laws regarding Marijuana consumption. One of the largest issues related to the legalization of Marijuana, is how to measure an individual’s level of impairment while driving. It is illegal to operate a vehicle

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