Personal Injury

February 20, 2023

Why do most personal injury lawsuits in Massachusetts settle out of court?

Canton, MA – When you’re injured in an accident caused by someone else’s negligence, say a car crash, everyone around you will tell you to get a lawyer and sue the person or entity who did that to you. For some people, the prospect of getting a personal injury lawyer and going to trial can seem quite daunting. What people don’t know is that almost all personal injury claims never make it to trial and are settled out of court. A 2005 study revealed that 95% of all personal injury claims filed in the US are settled in the pre-trial phase. A more recent DOJ study showed that 97% of claims are settled out of court. The main reason why most claims are settled is that no one, including your lawyer, wants to waste time and money by going to court.

If you’ve been injured in any type of accident in Massachusetts you may be wondering why you should hire a lawyer if your case will never make it to court. The answer is simple – you’ll need experienced Massachusetts personal injury lawyers to tell you how much your claim is worth and make sure you get a fair settlement.

What does a personal injury lawyer do?

February 8, 2023

Can the insurance company make me see another doctor in Canton, MA?

by Neumann Law Group

Canton, MA – When you are injured in an accident caused by someone else’s negligence, the amount of damages you deserve will be based on the severity of your injury and the extent to which it impacted your life. This is why it is of utmost importance to see a doctor as soon as possible after an accident, such as a car crash, a slip and fall, or a work injury. Unfortunately, your insurance company may decide it is not enough and order you to see another doctor. Can they do that?

Experienced Canton personal injury lawyers say that yes, you must do as you’re told. That’s the law in Massachusetts.

What’s the point of an Independent Medical Examination?

February 1, 2023

Young woman loses leg in horror MBTA accident

by Neumann Law Group

Boston, MA – Bridgewater State University sophomore Ava Harlow, 20, sustained severe injuries after becoming stuck underneath a Green Line train shortly after getting off at the BU station. The incident, which happened last Friday at around 11.30 p.m., is the latest MBTA accident to raise questions about the T’s safety record. The young woman had her left leg amputated below the knee, broke her right arm, and sustained a skull fracture. According to her family, she will need a prosthetic leg and her recovery will take months.

“As the trolley was pulling out of the station, the victim was knocking on the trolley window in an attempt to garner her friends’ attention. In doing so, the victim took a step in the direction of travel as the trolley, while still knocking on the trolley window and lost her balance falling under the trolley,” an MBTA spokesperson said.

While the Boston transit company seems to place the blame on the victim, the young woman’s father says the accident could have been prevented.

January 23, 2023

Snowy roads lead to spike in traffic accidents in the Canton area

by Neumann Law Group

Massachusetts police sent out a flurry of messages reminding motorists to drive cautiously and reduce speed on snowy roads. Several accidents have been reported over the past few days in the Canton area all the way to Boston. One trucker lost control of the vehicle and went off the road, while another tractor-trailer lost most of its cargo bringing traffic on Interstate 495 to a standstill.

If you were recently involved in an accident on icy roads, you should contact a seasoned Canton car accident lawyer. You may be able to file a claim for reckless driving even if the other driver was not above the speed limit.

Is there a different speed limit in winter?

October 26, 2021

Lawsuits Against Negligent Railroads and Trolleys in Massachusetts

by Neumann Law Group

shutterstock_1525846904-300x200 Many people in Massachusetts utilize the state’s railway system for daily transportation, business, school, and leisure. While trains are typically safe, they pose some inherent dangers that can have deadly consequences to anyone in the vicinity—asserting rights and recovering damages after a Massachusetts railway accident is challenging and requires a thorough and nuanced understanding of various state and federal laws and regulations.

Train accidents and injuries may stem from engineer impairment, manufacturing defects, negligent drivers, weather conditions, or train car fires. These accidents can cause life-threatening injuries and fatalities. For instance, according to a recent news article, the Massachusetts Bay Transportation Authorities (MBTA) recently released a preliminary report on the July Green Line accident. The light rail vehicle slammed into another MBTA train while the trains were traveling west. The collision caused 24 passengers and three crew members to suffer injuries requiring hospitalization. The preliminary investigation revealed that the striking train sped to 31 mph, triple the speed limit, before slamming into the train ahead. That train was traveling approximately ten mph when it was struck from the rear. The MBTA announced that they were in the process of terminating the employee that was involved in the accident. They also noted that the local district attorney’s office investigated the operator’s conduct just before the collision.

These cases present challenges, especially when the victim is an employee of the railroad. Unlike other employment injury cases, the Massachusetts workers’ compensation system does not cover railroad employees. Instead, they must file a claim under the Federal Employers’ Liability Act (FELA). In these situations, the injury victim must prove that they meet the elements of a claim. The victim must establish that they were :

December 23, 2020

Navigating your construction site injury

by Neumann Law Group

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Construction sites are some of the most dangerous workplaces in Massachusetts. There are countless dangerous situations in on a construction project. Not only workers are in danger, individuals walking, or even driving by the worksite can be injured as well. Accidents happen all too often.

Construction site injuries are often serious and sometimes fatal. Negligent operation of heavy equipment, falls, or electrocution are just a few life-threatening events that happen on construction sites. Even a small hand tool falling from height can change someone’s life forever with loss of life, loss of limb, or other permanent disability. The impact of a serious injury extends well beyond the worker to their family and dependents.

If you have been injured, you should promptly report the injury to your supervisor, or if you are a self-employed contractor, the general contractor or landowner. Interviewing witnesses in the immediate aftermath when their memory is fresh may be critical to a legal case–experienced attorneys are trained to ask the most important questions in these situations. It is also imperative that you seek medical attention as soon as possible. Delay in medical attention is often used against the injured party at a later date, claiming the injury is faked or not severe. Additionally, the accident should be reported to the appropriate governmental authorities. However, interactions with entities like the Occupational Safety and Health Administration, should be handled with care. Legal counsel can help you navigate these meetings.

November 2, 2020

How to protect yourself from drivers without insurance or not enough insurance

by Neumann Law Group

michael-jin-ipHlSSaC3vk-unsplash-300x200 Auto accidents can devastate lives. A collision can lead to death or life altering injuries in the blink of an eye. What happens if the person who has changed your life forever does not have insurance? What if they speed away without a word while you are incapacitated? What if you’ve been severely injured and they have minimum insurance coverage?, Fortunately, there are insurance policies designed for these events.

In Massachusetts, insurers offer two types of coverage options to provide individuals injured in auto accidents a means of recovery when the driver causing the accident is unavailable, uninsured, or underinsured. Ensuring you have enough coverage under both types of policies is imperative to protect you in the event of an accident involving one of these types of drivers.

Uninsured Motorist insurance, referred to as ‘UM’ coverage, is mandatory under Massachusetts General Law c.90, s.34A-34R regarding Compulsory Motor Vehicle Liability Insurance. If you are injured by a driver that does not carry insurance, which is against the law, your UM coverage will provide you benefits for bodily injury. Similarly, if after an accident, the responsible party drives off before being identified, the UM coverage stands in the shoes of the absent party, paying claims for bodily injuries.

October 26, 2020

Injured by a dangerous product? Things to know about Massachusetts product liability laws.

by Neumann Law Group

prodcuts-200x300 When deciding what product to purchase, the average consumer considers price, effectiveness, or even the product’s branding. The inquiry rarely extends to whether using the product as instructed will cause bodily harm. Typically, using a consumer good, whether it’s a pressure cooker or a jack stand, will not result in injury, but when it does, you may be able to file a product liability lawsuit.

Massachusetts is a strict liability state. You do not have to prove a manufacturer acted negligently in order to successfully sue it for an injury. A plaintiff does not need to prove the company sued is sloppy or careless. The plaintiff must only show that the product caused an injury when used in the manner for which it was intended.

Although a plaintiff does not need to prove negligence, the claim will need to fall under one of several established product liability categories. The three main types of product liability claims are (1) manufacturing defects, (2) design defects, and (3) failure to warn.

January 17, 2020

How one woman’s tragic battle with uterine cancer saved an untold number of women from a similar fate

by Neumann Law Group

FDA-300x221 On May 23, 2017, Dr. Amy J. Reed, an anesthesiologist and mother of six children, passed away in her home at the age of 44. Her life was cut short by an aggressive form of uterine cancer, leiomyosarcoma. For her husband, the tragedy of her early death is entwined with regret and anger, as the two of them fought not only Stage IV leiomyosarcoma, but an intractable profession and the industry which profits from its practice.

At the age of 40, Dr. Reed was diagnosed with uterine fibroids. Fibroids are masses of the smooth muscle cells lining the inside of the uterus. Although fibroids are generally considered benign, their presence can cause serious discomfort and pain in the pelvic area. To treat her condition, Dr. Reed underwent a hysterectomy. She chose to have the procedure performed at Brigham and Women’s Hospital in Boston—the hospital is affiliated with the Harvard Medical School, where both Dr. Reed and her husband, Dr. Hooman Noorchashm both held teaching positions.

After her surgery, the tissue was removed, and a biopsy was performed. The tissue contained leiomyosarcoma cells, an extremely aggressive form of uterine cancer. Although the biopsy revealed that the cancer cells had been confined to a very small area within a fibroid, the procedure through which the fibroids were removed seeded malignant cells throughout her abdomen. The dissemination of cancer cells caused her cancer to accelerate to Stage IV. The five-year survival rate for patients diagnosed with Stage IV leiomyosarcoma is only 14%.

December 3, 2019

Sandy Hook families’ lawsuit against gun manufacturer proceeds: Supreme Court declines to intervene in Connecticut action

by Neumann Law Group

One of the most horrific mass shootings in the nation’s history occurred at Sandy Hook Elementary in Newtown, Connecticut. The shooter killed 20 children, all between the ages of 6 and 7, as well as 6 adults before killing himself. The families of those killed have brought a number of legal actions in response to the devastating losses they sustained on November 30, 2012.

Parents of children killed have brought several legal actions under various legal theories. One of the successful suits was against the shooter’s mother’s estate. Since she was also killed in the rampage, her estate was liable for injuries resulting from her negligent acts that contributed to the killing. The plaintiff’s claimed she negligently kept a Bushmaster AR-15 unsecured, allowing her troubled son access to the weapon. The parties settled for $1.5 million to be divided among the plaintiffs.

One family brought suit against the town and school district, alleging the school was unprepared and the response was insufficient. The trial court dismissed the case in 2018, ruling that the situation was so unexpected, intense, and wildly dangerous that hindsight regarding safety protocols could not be deemed negligent.