Do I Need a Slip-and-Fall Lawyer?

After suffering a serious fall, you may be wondering what your options are in terms of financial recovery. This is particularly true if your injuries are severe. It can be difficult to determine whether you should file a civil lawsuit, whom your claim would be against in a fall, but when you reach out to a highly qualified slip-and-fall lawyer in Boston, you can get the answers you’ve been looking for. 

Below, we go into greater detail about when you might sue for a fall and how a lawyer can help you obtain maximum payment for your losses.

When to Sue for a Slip-and-Fall in Boston

Many fall victims aren’t even aware of the option to pursue a personal injury lawsuit. However, there are very specific circumstances when you can sue for a slip-and-fall injury. 

First, you must be an invited guest. Whether the establishment is a place of business or a family member’s residence, the only time you can successfully sue for a slip-and-fall in Boston is if you are not trespassing or otherwise committing a crime. The property owner will be ordered to compensate you for your losses if they are found liable for the injuries you sustained when you fell. 

A property owner must have acted negligently in order to be found liable for your losses, which means they must have failed to make necessary repairs or changes to the area that was hazardous for them to be culpable for your injuries. 

If you are still unsure whether you have grounds for a slip-and-fall accident claim, consider how impactful your injuries have been and will continue to be on your life. If they are significant, it is worth your time to at least discuss the possibility of suing with an attorney. 

How a Lawyer Could Help You Recover Financial Compensation

Filing a lawsuit against a close friend or family member can be troubling, to say the least. And if your claim is against a large corporation or a place of business, you may feel intimidated. When you work with a lawyer to resolve your case, you can focus your time and energy on recuperating from your injuries while your attorney works to build a compelling case in your favor. 

Your lawyer will work diligently to gather evidence, establish fault, and quantify your economic and non-economic damages accordingly so you are able to seek maximum compensation for your losses. If you’ve been injured in a slip-and-fall accident, having legal representation could make all the difference in the success of your personal injury claim.

Reach Out to a Boston Slip-and-Fall Lawyer

If you have been seriously injured in a fall and are unsure of your legal options, get in touch with an experienced Boston slip-and-fall lawyer at Joel H. Schwartz, PC to discuss the individual details of your case. You can give our office a call at 617-742-1170 or submit the convenient contact form below when you are ready to schedule a free, no-obligation consultation. 

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How to Win a Social Security Disability Appeal

If you have applied for social security disability (SSD) benefits and your claim has been denied, you should know that you aren’t alone. As much as 70 percent of SSD applications will receive a denial. This is due to a number of different factors, and fortunately, a denial doesn’t mean that you can’t obtain the approval you need to survive. 

Appealing your denial is the next step in securing SSD benefits you need. But filing an appeal can be just as confusing as the application for benefits. If you are appealing or planning to appeal your social security disability appeal, read on to learn more about the steps you and your attorney can take to win.

Make Sure Your Application Is Complete and Error-Free

There are four different levels of appeals, and the first of them is the SSD reconsideration request. Here, you’ll be asking the Social Security Administration (SSA) to have an independent agent of the SSA review your application again. Essentially, this means that someone who hasn’t already seen your case will review it to determine if your claim for benefits should be approved. 

Most appeals are resolved at this level, that’s why it is imperative to ensure that your application is complete and error-free before you even file your reconsideration request. One of the most common reasons for a social security disability claim to be denied is errors in the application itself. Though these can be easily fixed, this minor mistake could result in the delay of your benefits being approved. 

Provide Documentation That Supports the Extent of Your Disability

The requirements for SSD approval are quite clear. You must have earned enough work credits in your employment history and be disabled by your condition to the point that you are unable to support yourself financially without the assistance of social security disability benefits. 

When a claim is denied, it’s typically because the SSA representative has determined that the claimant does not meet the requirements for SSD benefit approval. 

To ensure that your appeal is a success at the reconsideration stage of appeals—or any appeals that might come after—you must be sure that you are providing the SSA with enough evidence and documentation to support the severity of your condition. 

In some cases, you may need to fill out additional waivers so the SSA representative can review other medical records, or even have your physicians provide documentation that confirms you are unable to earn a living due to the extent of your condition. If you want to win your appeal, your reconsideration request has to be ironclad.

Get Help from a Social Security Disability Lawyer in Boston

When you are suffering from a disabling condition, you don’t have time to wait for your SSD application to go through a lengthy appeal. For help expediting and winning your social security disability appeal, contact a knowledgeable Boston social security disability lawyer at Joel H. Schwartz, PC. 

We provide free claim reviews to disabled individuals across Boston and its surrounding cities. You can schedule yours by filling out the contact form below or by giving our office a call at 617-742-1170.

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Massachusetts Car Accident Laws You Should Know

Getting involved in a car accident is never easy, as they are unexpected and often cause thousands of dollars of damage. Many accidents—particularly wrecks involving 18-wheelers—are also known for producing catastrophic injuries that can have a lasting effect on your life. 

Fortunately, injury victims have the option to pursue compensation from those responsible for causing their injuries. If you think legal action is the right option for you and your family, there are some MA car accident laws you should be aware of as you prepare to file a claim. 

Read on to learn more about the state’s statute of limitations for personal injury claims and how comparative fault laws could have an impact on your injury settlement. 

MA Statute of Limitations

Every state gives injury victims a specific amount of time to file their claim in civil court. The expiration of this time limit is known as the statute of limitations, and in Massachusetts, the statute of limitations is three years from the date that you were involved in a collision, or from the date you were diagnosed with an injury that relates to the accident, such as a whiplash injury. 

Knowing when the statute of limitations expires for your car accident is critical. If you don’t file your claim in the MA civil court system before time runs out, you won’t be able to pursue compensation for injuries.

Comparative Fault Laws

In addition to the statute of limitations, you’ll also need to know what to expect if you played a part in your accident and resulting injuries. Maybe you chose not to wear a seatbelt when you got behind the wheel, or perhaps you were checking Facebook when you were rear-ended at a stop light. 

In any case, it’s not uncommon for injury victims to contribute to their conditions, and when they do, modified comparative negligence will apply. This law allows those who are partially to blame for their injuries to file a claim as long as they are less than 51 percent at fault. 

Your compensation will be reduced based on your portion of fault. For example, if you were found to be 10 percent to blame, your award would be reduced by 10 percent.

Get Help from a Massachusetts Car Accident Lawyer

If you have been seriously injured in an auto wreck and are unsure of the steps you need to take to hold the at-fault party accountable for their negligence, consider reaching out to a highly trained Massachusetts car accident lawyer at Joel H. Schwartz, PC. 

We can be reached by phone at 617-742-1170 or via the quick contact form at the bottom of this page when you’re ready to schedule a no-cost claim review. 

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How to Calculate a Massachusetts Workers Comp Settlement

When you have suffered an on-the-job injury, you may be entitled to workers compensation benefits through your employer’s insurance company. Although it is certainly possible to settle a workers compensation claim for one lump sum, this is strongly discouraged almost universally, as you may require future medical care that will not be covered if you do settle. 

However, we understand that there are some valid reasons for settling a workers compensation claim, and with that in mind, we have gone into further detail about how Massachusetts workers comp settlements are calculated below. 

Calculating Lump Sum Settlements

The first step in calculating a workers compensation settlement is figuring out how much your average weekly wages are. The amount that you will receive will depend on what type of disability you have. 

For example, if you are facing total disability and unable to work any job, you would be entitled to 60 percent of your average weekly wages. Partially disabled individuals can collect 45 percent, and individuals with permanent disabilities are entitled to 66 percent of their average weekly wages.

Then, a determination of how long you are expected to be unable to work will be. For instance, if you have a total disability and are expected to be out of work for a period of one year, you would be entitled to 60 percent of your average weekly wages, multiplied by fifty-two weeks (one year). This figure is what you would be issued in one lump sum. 

Why Workers Comp Benefits May Be More Appropriate

In addition to the loss of medical coverage when you accept a workers compensation settlement, doing so could prevent you from being able to return to your job at all. After a settlement has been issued, you won’t be permitted to return to work for the length of time as described in your work comp settlement. This can often result in a job loss.

If you are able to be approved for workers compensation benefits, your job will be protected and you’ll still be entitled to approximately 60 percent of your average weekly wages, usually until you are able to return to work or have reached what’s called maximum medical improvement. 

What’s more, you’ll also have all of your injury-related medical expenses covered by the insurance company, and be eligible for educational opportunities or vocational training if your condition prevents you from returning to work in the same field. For these reasons and more, it is often in injury victims best interest to accept workers compensation benefits as opposed to a workers comp settlement.

Get in Touch with a Boston Workers Compensation Lawyer

If you have additional questions about whether you should take a workers comp settlement or accept benefits instead, reach out to a highly trained Boston workers compensation lawyer at Joel H. Schwartz, PC.

Injury victims across the state can take advantage of a free consultation with an attorney by giving our office a call at 617-742-1170 or filling out the quick contact form we have included at the bottom of this page. 

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Can I Sue the MBTA for an Injury?

Being involved in a collision with a public transportation bus such as the Massachusetts Bay Transportation Authority (MBTA) can be traumatic. In addition to dealing with the physical implications of such an accident, it is quite possible that you will also struggle financially if you are unable to work while recuperating; and psychologically if the accident has had a devastating impact on your life. 

Fortunately, you can sue the MBTA for an injury you sustained when involved in a crash with one of their buses as long as their negligent actions were the direct or indirect cause of the collision. Below, we go into further detail about ways the MBTA could be found liable and describe additional parties who could have contributed to the cause of the accident.

When the MBTA Might Be at Fault

The MBTA is not immune to having a civil claim brought against them should it become necessary, and in many cases it has become so. In order to successfully bring a claim against the MBTA, we will need to prove irresponsible or negligent conduct. 

For example, perhaps it was noted that this particular bus needed repairs, but the higher-ups have concluded this was not a necessary expense at the time. If the bus is then involved in an accident caused by parts that needed repairs, the MBTA could be found liable. 

Another common instance of MBTA fault is the hiring of inexperienced or ill-equipped drivers. If a bus driver has a history of poor driving, or no experience driving a bus and subsequently causes an accident, the MBTA could be partially to blame, as they should have done their due diligence prior to hiring the reckless bus driver.

Other Liable Parties

Although you certainly can file a claim against the MBTA, it is not as common to pursue these claims with the MBTA as the sole liable party, and someone else is usually also found to be at fault. For example, when a bus driver causes an accident due to distracted, drowsy, or aggressive driving, or if they were operating the bus while under the influence of drugs or alcohol, the bus driver should be found liable. 

In the event that there is something wrong with the bus itself, the manufacturer of the bus, parts manufacturers, safety inspectors, technicians who perform maintenance on the bus, and anyone else who shared responsibility for ensuring the busses safety prior to it being used for public transportation could be to blame alongside the MBTA. 

Your lawyer will need to conduct an investigation into the collision in order to determine who is at fault, if you have a case, and how the MBTA may have contributed to your injuries, if at all.

Speak with a Boston Bus Accident Lawyer

If you have been injured in an MBTA-involved collision and are interested in learning about your legal options, get in touch with a highly trained Boston bus accident lawyer at Joel H. Schwartz, PC. 

We provide free claim reviews to injury victims across the city. You can take advantage of this opportunity by submitting the quick contact form we have included below or by giving our office a call at 617-742-1170 to schedule yours.

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Suing for Wrongful Death in Massachusetts

Preventable deaths are some of the most difficult ones to cope with, and if your loved one has succumbed to a devastating injury brought about by the reckless, irresponsible, negligent, or wrongful act of another, you may be able to seek damages through a Massachusetts wrongful death claim. 

However, there are many legal aspects of MA wrongful death lawsuits that you may not be aware of. If you want to do everything possible to bring the person or persons who are to blame for your family member’s passing to justice, it may be to your benefit to consult with a wrongful death lawyer. 

Read on to learn more about who has the right to pursue a wrongful death lawsuit and the various losses that may be taken into consideration when calculating the value of your claim. 

Who Can File a Wrongful Death Claim?

Prior to filing the lawsuit, you need to be sure that you have the authority to file a wrongful death claim. In Massachusetts, only the executor of the deceased has the right to pursue the claim. In many cases, the decedent will have already assigned this individual into their will. 

This person will be responsible for carrying out any instructions the decedent may have left, as well as handling the rest of their estate. If the decedent did not have the opportunity to choose an executor, then the courts may do so on their behalf. 

Once the executor of the estate has been established, this party will have just three years from the date of the decedent’s passing to file the claim. This deadline, known as the statute of limitations, begins on the date of their death and will run for three years. After this time limit passes, the MA courts will refuse to hear the case. 

Damages That Can Be Sought in Your Claim

Any damages awarded by the courts will be paid to the decedent’s estate. As such, there are very specific losses that can be sought in a Massachusetts wrongful death claim, which include the following:

• Funeral and burial costs 
• Medical expenses
• The value of the deceased’s lost earning capacity 
• Loss of companionship and love
• Guidance, advice, and support provided by the deceased

Additionally, punitive damages may be awarded in cases where the court finds that the actions of the liable party were caused intentionally, maliciously, or recklessly. Depending on the evidence presented in court, the executor of the estate could be awarded a sum of $5,000 or more.

Schedule Your Free Consultation with a Massachusetts Wrongful Death Lawyer

The death of a loved one is often devastating, but with the assistance of a Massachusetts wrongful death lawyer at Joel H. Schwartz, PC, you may be able to obtain compensation for your suffering, and that of your deceased family member. 

You can call our office at 617-742-1170 or fill out the quick contact form we have provided at the bottom of this page when you’re ready to schedule your free claim evaluation. 

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How to Report a Car Accident in Boston

Immediately following a motor vehicle collision, there are many steps to take. Among them is obtaining any medical treatment you might need, filing an accident report, and exchanging insurance information with the liable party.

However, if you’ve never been in a car accident in Boston, you may not know how to go about reporting the accident or obtaining a copy of the accident report. With this in mind, we have reviewed this information below so you can better prepare for what to expect shortly after a car crash.

What to Do After You’ve Been in an Auto Wreck

As soon as you’ve been involved in a car accident, your first call should be to the Boston Police Department by dialing 911. An on-duty police officer and ambulance will come to the scene of the collision and take care of any medical treatment you might need as well as getting the details of how the accident occurred. The Boston PD will then file an accident report.

You will also need to report your car accident accident through the Motor Vehicle Crash Operator Form if anyone involved in the accident was seriously injured or killed, or in cases where the property damage exceeds $1,000. This report needs to be filed with the registrar within five days of the accident.

Where to Get Your Boston Car Accident Report

Having a copy of your car accident report is important because this document will include information about how the accident occurred, when it happened, who was involved, and the insurance information of all involved parties. You can request a copy of your car accident report in person, through the mail, or online.

If you want to obtain a copy of your car accident report online, visit the MA Registry of Motor Vehicles website and pay a $20 fee. To obtain a copy through the mail, pay a $5 fee via check and send your request to the Boston Police Department Headquarters as follows:

Attention: Police Reports

Boston Police Headquarters

1 Schroeder Plaza

Roxbury, MA

02120

Finally, you can always go in-person to the Boston Police Headquarters to secure a copy of your accident report.

Meet with a Boston Car Accident Lawyer

The minutes, hours, and days following a motor vehicle wreck can be quite a confusing time. Understanding the steps you need to take, such as how to secure your car accident report, can have a positive impact on the outcome of your civil claim against the person or persons who are to blame.

For help getting the most out of your lawsuit, reach out to a Boston car accident lawyer at Joel H. Schwartz, PC. You can take advantage of the free claim review we provide to injury victims throughout Boston and its surrounding cities by giving our office a call at 1-800-660-2270 or by submitting the quick contact form included below.

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