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Unfortunately, car accidents are a dime a dozen in Massachusetts. If you have sustained injuries in a car accident, we can help you figure out your next steps. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts car accident attorneys know how to handle even the most complex personal injury claims, including issues pertaining to insurance coverage. For over 25 years, we have vigorously fought for the rights of our clients and you can rest assured that we will do the same for you.

The Case

Victims of auto accidents often rely on insurance companies to compensate them for their losses. In Oliveira v. Commerce Insurance Company, the Appeals Court of Massachusetts recently had to figure out whether the plaintiff was a “household member” under the insurance policy. The plaintiff, a passenger in the vehicle, sustained serious injuries after being involved in a car accident. He was in the hospital for several days and acquired hefty medical bills amounting to $40,000. He also suffered long-term disability. The plaintiff agreed to settle with the person driving the vehicle for the maximum amount of the driver’s insurance policy, which was $100,000.

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Road rage unnecessarily puts innocent people at risk while driving. People who cause accidents due to road rage should be held accountable for their actions. If you or your loved one has been hurt in a road rage accident, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts car accident attorneys are committed to helping our clients recover the compensation they are rightfully owed for their injuries and losses.

An incident of road rage in Massachusetts left a 65-year-old man clinging to the hood of an SUV racing down a highway last week. It started as a minor sideswipe and the driver of the SUV was allegedly unwilling to settle the matter with the elderly man and decided to speed off. Before he could get away though, the older man jumped onto the hood of the SUV and held on as the SUV driver drove down the turnpike accelerating, at times, up to 70 mph at time and then decelerating. The SUV driver was stopped by others on the road, one person going so far as to point a gun at the SUV driver in an effort to get him to stop the car. Both men were arrested, the SUV driver for assault with a dangerous weapon, negligent operation and leaving the scene of a crash while the 65-year-old man faces a disorderly conduct charge.

What is Road Rage? 

Road rage is a term used to describe aggressive, sometimes violent tendencies that drivers may exhibit behind the wheel. In some cases, road rage leads to an altercation between two drivers and, in other cases, it can lead to terrible accidents. Common examples of road rage include but are not limited to:

  • Tailgating;
  • Sudden braking or accelerating;
  • Cutting of other vehicles;
  • Rude gestures or physical threats;
  • Excessive use or horns or lights;
  • Running a red light or stop sign.

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Bicycle accidents almost always cause more harm to the cyclist than the motor vehicle driver. Even when a bicyclist is wearing a helmet, he or she is not protected from broken bones, crush injuries, brain injuries and other types of serious injuries. If your loved one has been injured or killed in a bike accident, contact a seasoned Massachusetts bicycle accident attorney. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to helping you with your claim and getting you the monetary damages you deserve.

A bicyclist recently died from her injuries after being struck by a cement truck in Fenway. Officials identified the victim as Paula Sharaga, 69, of Cambridge. Sharaga’s husband commented that she was a peace activist and a beloved librarian for 20 years in the community. According to an initial investigation, the cement truck was stopped momentarily at a traffic light. When the light became green, the truck began to drive ahead while Sharaga was riding her bike in the intersection. She was hit by the front of the truck and died as a result. The crash is still under investigation, including the chain of events leading up to the deadly crash.

Establishing Fault After a Bicycle Accident

Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled in Boston from 2007 to 2015. Sadly, bicycle accidents are more common than you may think. According to the Boston Cyclists Union, 12 of the 18 cyclist deaths in the state were in Boston and Cambridge over the last seven years.

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A slip and fall accident can leave you with serious injuries and may interfere with your ability to earn a living. If you have been injured in a slip and fall accident, you might be able to recover monetary damages for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted Massachusetts slip and fall attorneys are committed to aggressively protecting your rights and holding negligent property owners responsible.

The Holden Case

A Massachusetts Superior Court case recently discussed the accountability that can accompany the effects of snow, ice, rain and other adverse weather conditions. In Holden v. Wal-Mart Stores East, LP, the judge questioned the long established “transitory water doctrine,” which has often shielded property owners from liability. The courts stated that it was a question of fact whether a shop owner can be held responsible for a slip and fall resulting from water brought into the property by another customer’s boots on a rainy day.

In the case at hand, a customer entered a Wal-Mart store on a rainy day. Upon entering, the customer fell because of water accumulation on the tile floor due to water that had been tracked in by other customers. Specifically, she slipped between the door and a mat, which was located a few feet away. The woman sued Wal-Mart for her injuries. Wal-Mart moved for summary judgment, claiming that the transitory water doctrine barred the plaintiff’s claim.

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If you have been injured or your loved one has been unexpectedly killed in an accident that was not your fault, you may be eligible to recover compensation for your injuries and losses. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted and hardworking Massachusetts personal injury attorneys know how to handle even the most complicated accident claims.

The Case

In Dubuque v. Cumberland Farms, Inc., the Massachusetts Court of Appeals affirmed the remitter of a $32 million award to a $20 million award to the husband of a woman who was killed by a speeding SUV. According to court documents, the woman was struck and killed as she walking into a grocery store by the vehicle, which had raced across an intersection and crashed into the front of the store. The woman died instantly.

Unfortunately, storefront crashes are more common than you may think. According to the Storefront Safety Council, in excess of 500 individuals are killed and approximately 3,6000 people are injured in accidents as a result of motorists driving into storefronts each year.

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Even though they are not main roads, parking lots have their own right-of-way rules which drivers are required to adhere to. When drivers are careless or not paying attention, serious parking lot accidents can result. If you have suffered an injury in a parking lot crash, it is imperative to contact an experienced Massachusetts injury attorney who can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are dedicated to assisting victims of car accidents in the recovery of any damages they are rightfully owed.

Parking Lot Crashes

According to the American Automobile Association, approximately 14 percent of car accidents take place in parking lots. These wrecks can range in severity. Some are minor incidents such as fender benders, opening a car door and striking another vehicle, while others are much more severe and may involve striking someone with a car or backing into another vehicle at a relatively high speed. The risk of a parking lot accident is even higher during the holiday season when people are swarming to malls and shopping centers. In addition, with severe winters in Massachusetts, it is possible for parking lot accidents to involve snowplows.

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If you have been injured due to the carelessness or error of a medical professional, you may be eligible to recover damages through a medical malpractice claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts medical malpractice attorneys will analyze the facts of your case and provide you with an honest evaluation of your claim. Medical malpractice is a complex area of law and having the right attorney on your side can be the difference between winning and losing your case.

Earlier this year, a Massachusetts Court of Appeals held that a plaintiff’s future medical damages in a medical malpractice case do not depend on the plaintiff’s past medical expenses. In Larkin v. Dedham Medical Associates, Inc., a husband filed a medical malpractice lawsuit on behalf of his wife and their child against the wife’s primary care doctor. The woman had initially gone to the doctor complaining of being dizzy constantly. An MRI showed that she had a venous varix in her brain although that was not the reason for her dizziness. The MRI results were communicated to the woman’s primary care physician but the physician failed to add it to the “problem list” in her medical file.

Three years later, when the woman became pregnant, the primary care physician never told her obstetricians of her venous varix. This led to the woman not being told that there was a specific risk that the venous varix would rupture during vaginal labor. According to the records, the woman’s obstetricians routinely checked the plaintiff’s “problem list” but were not alerted to the venous varix due to the primary care physician’s failure to make a note of it. Due to the physical stress of vaginal birth that lasted over 20 hours, the woman’s venous varix ruptured. The woman suffered a stroke and ultimately suffered permanent injuries. She lost her ability to walk or care for herself. She now requires around-the-clock care.

During winter months in Massachusetts, the chances of suffering a serious injury from routine activities such as walking or running can increase significantly due to slippery surfaces caused by snow and ice. If you or loved one has been hurt in a slip and fall accident on snow or ice, you should contact a reputable Massachusetts personal injury attorney immediately. At The Law Offices of Barry Feinstein & Affiliates, P.C., we understand the nuances of this area of law and can apply our insights and experience to your case.

Slip and Fall Accidents

The Centers for Disease Control and Prevention reports that unintentional falls account for approximately 19,565 deaths annually in the US. About 20 to 30 percent of individuals who undergo a slip and fall suffer moderate to serious injuries including bruises, hip fractures and/or head injuries. Snow, ice and freezing temperatures tend to significantly increase the risk of slip and fall injuries. Black ice is perhaps the most dangerous aspect of winter because it is virtually impossible to see to those walking on it. As such, the accident rate on black ice can be up to five times higher than on dry surfaces.

Liability for Slip and Fall Accidents 

Under the old rule in Massachusetts, a property owner could not be held liable for injuries on their property arising from a natural accumulation of snow and ice. The previous law did not consider the natural accumulation of snow and ice as an actionable property defect. Thus, old cases hinged on whether the accumulation of snow or ice was “natural” or not.

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If you have been injured at your workplace, you may be entitled to compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts workers’ compensation attorneys are committed to helping every injured client understand their rights under the workers’ compensation system. We understand how daunting a workplace injury can be, which is why want you to focus on your recovery while we focus on getting you the benefits you rightfully deserve.

The Findings on Teen Workers in Massachusetts

According to a recent report released by the Massachusetts Department of Public Health, approximately half of the teenage workers in the state who were hurt at their workplace from 2011 to 2015 indicated that they did not receive health and safety training from their employers. The report analyzed 156 interviews with teenagers who sustained injuries during that five-year timeframe. About 49 percent stated that they did not go through work-related health and safety training and half believe the injury suffered could have been prevented. Data from the Centers for Disease Control and Prevention shows that the nonfatal injury rate for teenagers is almost double to that of workers who are at least 25 years of age.

Massachusetts Workers’ Compensation Law

The Massachusetts workers’ compensation statute is designed to ensure that workers who have been unable to work for five days or more due to a work-related injury or illness receive the appropriate medical treatment and wage benefits for their harm. In order to be covered by the workers’ compensation program, the injury or illness must have occurred within the course and scope of employment. In other words, the injury or illness must have happened ‘on the job.’

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Sadly, truck accidents are far too common. The US Department of Transportation has found that about half a million trucking accidents take place on an annual basis throughout the country. Data from the National Highway Traffic Safety Administration, 5.6 percent of all deadly accidents in Massachusetts involved large trucks. Truck accidents are almost always very serious. If you have been hurt in a truck accident, we urge you to seek the help of a seasoned Massachusetts truck accident attorney who is able to assist you with your claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., we provide each and every client with skilled legal representation every step of the way.

Earlier this week, a tanker truck full of 12,000 gallons of gasoline rolled over and crashed with another vehicle early in the morning. The driver of the truck was pronounced dead at the scene and another man was injured but is currently in stable condition. Fuel spilled out on to the roadway and several hours later – the firefighters, police and highway workers were still laboring to the end the danger. Both sides of the highway were shut down as the fuel was cleaned up. Law enforcement commended the crews on the clean up effort and stated that it was lucky the spill did not become disastrous. The accident is still under investigation.

Compensation for Truck Accident Injuries

If you were hurt in a truck accident caused by a truck driver’s negligence in Massachusetts, you may be able to recover damages for your harm. ‘Damages’ is the legal term that denotes a sum of money awarded as compensation for a loss or injury. Some common examples of damages include, but are not limited to: medical expenses, retaliation expenses, lost wages, pain and suffering, future medical expenses, property damage, disability and more.

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