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Motorcycle crashes are often especially severe due to the physical vulnerability of riders compared to those in cars around them. These wrecks can cause serious injuries such as broken bones, paralysis or brain injuries. If you’ve suffered an injury in a motorcycle accident, our skilled Massachusetts motorcycle accident lawyers will assist you in obtaining the compensation you deserve following a crash. We will focus on the legalities so you can focus on healing.

A 25-year-old Massachusetts man recently died in a tragic motorcycle wreck in Portsmouth. Police officers were dispatched to the area around 4:45 p.m. after receiving calls about a serious accident. According to law enforcement, the man was on the on-ramp to the northbound side of the highway at the time of the crash. He was immediately transported to Charlton Memorial Hospital in Fall River, where he was pronounced dead. The police did not release the victim’s name. No other vehicles or individuals were involved in the accident

If a motorcycle crash is caused by someone else’s negligence, the victim can potentially file a personal injury lawsuit to recoup compensation for his or her injuries and losses. While the damages will vary in every case, an injured rider can generally seek compensation for medical expenses, property damage, pain and suffering, loss of enjoyment of life, and other damages.

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If you have been injured in a mishap that was someone else’s fault, you can potentially recover monetary damages through a personal injury lawsuit. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts injury attorneys have worked in this legal space for over 25 years and have a thorough understanding of how to pursue the compensation you deserve. Having helped countless clients, we know how stressful a serious injury can be for you and your whole family, which is why we will focus on your case so that you can focus on healing.

In a recent case, the Massachusetts’s Supreme Judicial Court (SJC) was asked to address the circumstances under which an injured victim is required to give 30-day notice for accidents involving road flaws. The facts of the case are as follows. The plaintiff was hurt on his bike and struck a utility cover that was not properly aligned with the street surface. The plaintiff then sued the city. The city declined responsibility saying that an energy corporation was at fault for the improperly aligned cover. The plaintiff subsequently sued the energy company. However, the judge dismissed the claim citing plaintiff’s failure to provide notice to the company within thirty days of the plaintiff’s injury, as necessitated by a state statute. Specifically, M.G.L. c. 84  § 15 of the Torts Claims Act requires an injured person to provide notice of the injury within 30 days to the county, city, town or “person by law obliged to keep said way in repair.”

Ultimately, the SJC reversed the lower court’s decision, holding that the statutory requirement of notice within 30 days to a potential defendant purported to be accountable for road defects giving rise to injury only applies to  government defendants but not to private sector defendants. The court explained that the road defect and notice statutes apply to the government and quasi-government parties responsible for the public duty of preserving the public way and not to a private party, such as a corporation, that has created a specific defect in the road. This is true even when a private corporation is permitted by the government to fix a particular road defect. Thus, the plaintiff in this case was not required to give thirty days’ notice to the corporation and the corporation could be sued without such notice.
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Were you injured in an accident caused by a motorist who was using his or her phone behind the wheel? If so, you deserve compensation for your injuries. Our Massachusetts car accident attorneys are well versed in the specifics of personal injury law and can apply our knowledge to your claim. We strongly believe that you should not have to suffer just because another motorist acted with disregard for your safety by using his or her cell phone while driving.

In 2010, Massachusetts banned texting and emailing behind the wheel but did not implement a full ban on hand-held devices used to make phone calls. Since then, lawmakers have tried to pass several laws in an effort to ban drivers from using hand-held devices while driving, with the goal of reducing distracted driving accidents in the state. Last month, the Massachusetts House of Representatives overwhelmingly voted 155-2 to pass Bill H.3793, which bans drivers from using hand-held cellphone and electronic devices while driving. In other words, the bill would prohibit drivers from using any mobile electronic device while driving, unless it was being used in hands-free mode. This means they would be barred from reading texts, viewing images, or watching videos as well.

If you have been injured in a crash caused by a distracted driver, you may be able to recover compensation through a negligence claim. Negligence occurs when a person breaches the standard of care owed to another person, directly causing an accident or some type of harm. The standard of care refers to the level of care and caution that a reasonably prudent driver would have used in the same situation. Since being on one’s phone and driving at the same time is a behavior that is known to be dangerous, it would clearly be considered ‘unreasonable’ to a prudent person. As a result, if a driver caused a crash in this manner, he or she would likely be on the hook for any resulting damages.

Hit and run accident cases can be extremely daunting for the victims of the crash. Massachusetts’ law requires that a driver stay at the scene and provide the other party certain information if a driver is involved in an accident which causes injury to another vehicle, property or person. If you were injured in a hit and run accident, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts hit and run accident attorneys will work diligently to help you obtain the compensation you are rightfully owed. We understand the serious emotional, physical and financial toll an auto accident can have on a family, which is why we will aggressively advocate for you each step of the way.

Earlier this month, a 20-year-old La Salle Academy female graduate was killed in a tragic rollover accident in Boston. Sadly, the woman was pronounced dead at the scene. One other female passenger was also injured in the crash but is expected to survive. According to law enforcement, a 22-year-old man caused the wreck when he was speeding in his Mazda, hit a curb, rolled over and crashed onto the street hitting several-parked cars and a cement planter before flipping over. Both passengers had their seat belt on and were hanging upside down in the car when emergency workers reached them. The driver had bolted from the scene before police got there but was found approximately 8 hours later and placed under arrest. He was charged with, among other things, leaving the scene of an accident after causing personal injury and leaving the scene of an accident after causing property damage.

Drivers may be tempted to flee the scene of an accident for a number of reasons ranging from panic, to outstanding warrants, to not having insurance. Under MGL c. 90 s. 24 (2), a Massachusetts driver who knowingly collides with or causes injury to another vehicle, property or person, must provide the following information to the injured party before leaving the scene of the accident: name, residence and registration number of their motor vehicle. In fact, it is against the law to leave the scene of a crash without providing this information or calling 911 if someone has been injured.
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If you have been hurt in a slip and fall accident on someone else’s property, you may have legal options. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts injury attorneys are committed to getting our clients the justice and compensation they rightfully deserve for the harm that they have suffered. With years of experience, we are prepared to represent you in negotiating a settlement agreement or in proving your claim in court.

In a recent Massachusetts court decision, the plaintiff stepped into an uneven depression in the road and sustained a severe injury to her left foot. She informed the City of Boston of her claim within the time frame required by Massachusetts General Laws c. 84, § 18, also known as the defective way statute, which mandates that a person injured due to a defect on a public way must send notice within thirty days after the injury to the, “county, city, town or person by law obliged to keep said way in repair.”

A few months later, the city sent the plaintiff a letter denying responsibility and informing her that a gas company was actually responsible for her injuries. The plaintiff then sent notice to the gas company and filed her Complaint in the Superior Court against the City of Boston and the gas company. The gas company filed a motion to dismiss the claim due to the late notice under the statute. The court denied the motion and the case went to trial.

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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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