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Most people work hard to earn a living, which is why on-the-job injuries can be so devastating. Not only can these injuries affect your ability to work, they can leave you with chronic pain and ongoing medical bills. At The Law Offices of Barry Feinstein & Affiliates, P.C., our Massachusetts workers’ compensation attorneys are committed to protecting the rights of injured workers every step of the way.

In one case, the top court in Massachusetts ruled that the effective date of retirement is six months prior to the filing of an accident disability application, altering the Public Employee Retirement Administration Commission’s (“PERAC”) well-established practice of going by the date on which a worker last received regular compensation for employment, which PERAC understood to encompass supplemental pay.

The facts of the case are as follows. A male worker was injured while working at a construction services company in June of 2010. Just like any other worker in the state who suffers a work-related injury, the worker was entitled to workers’ compensation benefits. As such, he began collecting benefits on the day that he was hurt and he also collected supplemental pay, which included two hours per week of sick or vacation pay.

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Drunk drivers are a risk to everyone on the road and can cause serious, even deadly accidents. If you have been injured or someone close you has died in an accident caused by a drunk driver, you need to reach out to a reputable Massachusetts drunk driving attorney immediately. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are dedicated to helping our clients obtain the damages they deserve.

According to the National Highway Traffic Safety Administration, nearly 30 people die every day in the US due to drunk driving. It is not a list anyone wants to top, but Boston ranks second place in a newly released list of the top 25 cities with the highest rate of drivers with a DUI. Insurance company Quote Wizard did the study using self-reported data from its users on driving violations as well as other data points to compile the report. The study also found that if insurers don’t drop clients who have a DUI, they would significantly raise insurance premiums. On average, a driver would see an $830 increase per year in car insurance rates. These rates typically increase for three years amounting to an overall increase of $2500 more on car insurance.

While a drunk driver may face criminal penalties, he or she may also be subject to a civil lawsuit. When you have suffered an injury due to the actions of someone driving under the influence of drugs or alcohol, you may pursue compensation through a civil claim. This claim is typically rooted in the legal theory of negligence. In order to establish negligence, you must establish that the defendant owed you a duty of care behind the wheel and failed to adhere to that duty of care by driving under the influence. All drivers must use the level of care and caution that a reasonably prudent person would use in the same or similar situation. It is not enough to show that the driver’s conduct violated the duty of care, it must also be established that the driver’s conduct was a direct and proximate cause of accident and resulting harm.
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There is nothing more devastating than losing someone you love unexpectedly. If you have lost a loved one due to someone else’s negligence, our highly skilled Massachusetts wrongful death attorneys can help you take legal action. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to helping our clients receive the closure and compensation they deserve in their case.

In GGNSC Chestnut Hill LLC v. Schrader, the First Circuit asked the Massachusetts Supreme Judicial Court (SJC) to determine whether a wrongful lawsuit filed by the decedent’s survivors can be bound by an arbitration agreement signed by the decedent or by a person on the decedent’s behalf.

The facts of the case are as follows. The resident was admitted to a nursing home and upon being admitted, her daughter, acting as her durable power of attorney, signed an arbitration agreement on her behalf. The agreement said that it was not necessary for admission to the nursing home and that it could be revoked within 30 days of signing. Under the agreement, any legal issues had to be addressed through alternative dispute resolution. In addition, the contract said that it was applicable to the resident and any individual whose claim was “derived through or on behalf of the resident, including any next of kin, guardian, executor, administrator, legal representative or heir of the resident” as well as anyone who executed the agreement on behalf of the resident.

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Workplace injuries are not only physically painful; they can also be extremely stressful to deal with. If you have sustained an injury at the workplace, you could be able to recover workers’ compensation benefits. These claims are complicated, which is why it is vital to have a skilled Massachusetts workers’ compensation attorney on your side. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are devoted to resolving your claims in an effective and efficient manner.

A worker was killed and two others were injured in a construction accident in Cambridge last month. An initial investigation indicates that a crew was working on a lower floor of a building at an MIT construction site on Vassar Street when material collapsed overhead. Three employees were taken to a local hospital, where one of them, a 41-year-old male, was later pronounced dead. The medical examiner will determine the cause of death, which does not appear to be suspicious. According to law enforcement, the other two employees suffered injuries that are not thought to be life threatening. The case remains under investigation.

Employees who are hurt or suffer work-related illness during the course of employment may be entitled to workers’ compensation benefits in Massachusetts. For the injury or illness to be covered, it must have taken place within the course and scope of employment. The benefits an injured worker can obtain under Massachusetts workers’ compensation laws range from full coverage for all medical costs pertaining to the worker’s injuries to part of the worker’s lost wages to financial assistance for disability benefits. The exact benefits an injured worker will be entitled to will depend on the specifics of the case.

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A medical injury can turn your whole life upside down. If you have suffered an injury that you believe was caused by medical negligence, we may be able to help you recover compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts medical malpractice attorneys are devoted to helping victims of medical malpractice understand their rights and options following an injury. We take great pride in providing personalized and detail oriented representation to each and every client.

In Feliciano v. Attanucci, a woman who was 38-and-a-half weeks pregnant went to the hospital in labor. When the woman’s labor slowed down, an obstetrician performed an emergency bedside C-section. Then, another doctor performed a bedside laparotomy and helped in an emergency bedside hysterectomy. Twenty-five hours after being admitted to the hospital, the patient died from hemorrhagic shock, disseminated intravascular coagulation and amniotic fluid embolism.

The decedent’s estate filed a medical malpractice case against the two physicians alleging, among other things, that they failed to recognize the woman’s condition in a timely manner. Medical malpractice takes place when a medical professional fails to use the appropriate level of care, thereby causing injury or death to a patient. The plaintiff provided expert opinion that the defendant’s medical treatment fell below the accepted standard of care, which resulted in the patient’s premature and preventable death.

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Delivery truck crashes can cause major destruction. Not only do these wrecks cause property damage but they can also lead to severe bodily injury, and even death. If you have been injured in a truck accident caused by someone else’s negligence, we can assist you in figuring out your next steps. At The Law Offices of Barry Feinstein & Affiliates, P.C., our highly skilled Massachusetts truck accident attorneys understand the grief, anxiety and frustration that our clients experience after a truck accident, which is why we are committed to offering our sincere support and guidance every step of the way.

Last month, emergency responders spent hours cleaning up an accident scene after more than 1,000 packages fell onto Interstate 495. There were two separate accidents in the southbound lanes of the highway that night. One accident was between a tractor-trailer and a personal vehicle; the second accident involved two tractor-trailers. One of the trucks was a UPS truck that sustained severe damage to its trailer. In fact, the entire side of the box truck was torn off spilling in excess of 1,000 packages across the highway – many of which were crushed or smashed. Three individuals were rushed to a nearby hospital for non-life threatening injuries. The cause of the accident is still unknown and the collision is still under investigation.

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Car accidents can lead to serious, even life-altering injuries, which is why it is imperative for drivers to follow the rules of the road. If you or someone you love has been injured in a car crash, you need to contact a seasoned Massachusetts car accident attorney immediately. When someone causes an accident, they can be held accountable for their actions. At The Law Offices of Barry Feinstein & Affiliates, P.C., we have been helping car crash victims obtain the compensation they rightfully deserve for over 25 years and understand what it takes to advocate for your rights.

Two drivers were seriously injured in a collision that took place in Dudley earlier this week. The accident occurred on the bridge spanning the Quinebaug River. One vehicle was driven by a 22-year-old man from Southridge and the other was driven by a 68-year-old man from Woodstock, Connecticut. Both men were the only ones in their vehicles at the time of the wreck, and both were taken to nearby hospitals for treatment. Police have not yet released the names of the two men involved in the accident and the crash is still under investigation.

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When you have been injured because of a dangerous condition in the workplace, it can be hard to know what to what to do next, but rest assured that we are here to help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our reputable Massachusetts personal injury attorneys are committed to getting clients the full and fair compensation they deserve. We keep track of evolving case law so we can build the strongest possible case for you.. You can take comfort in knowing that we will make sure your rights are preserved and that you receive the personalized and detail-oriented representation you deserve.

The Case

In Stearns v. Metropolitan Life Insurance Co., the Massachusetts Supreme Judicial Court (SJC) recently published a ruling regarding whether a plaintiff could file an asbestos claim after the time period outlined in the statute in cases concerning diseases with lengthy periods of latency.

The facts of the case are as follows: The plaintiff filed a wrongful death lawsuit on behalf of the decedent, a man who was employed as a pipe inspector for General Electric (GE) in the 1970s during a project constructing two nuclear power plants. About four decades later, the man died in 2016 of mesothelioma as a result of being exposed to asbestos on the project.

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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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