A very difficult concept for most non-lawyers and perhaps lawyers themselves is the standard of proof between a civil claim and a criminal charge. Specifically, in a criminal case the jury or judge must find that the accused committed the alleged crime ‘beyond a reasonable doubt’. That is considered a very high standard. It is …
Updated Information Regarding the Green Line Accident
As you are well aware, on November 29, 2012, 35 people were injured when an MBTA Green Line Trolley rear-ended another at the Boylston Street station. Updated reports have indicated that the driver who caused the crash was working an overnight shift from midnight until 8:00 a.m., just three hours before his shift was starting …
Updated Information Regarding the Green Line AccidentRead More
Contractor or Employee? What Claims Are Available When Injured?
As noted in previous entries, who was at fault and how severely someone is injured are not always what determines the remedies that are available to an injured worker. Frequently, the employment status of the worker will be the determinative factor. In many industries such as construction trades, designers, sales, domestic services, it is common …
Contractor or Employee? What Claims Are Available When Injured?Read More
Workplace Injuries Involving Temporary or Leased Workers
The use of temp agencies and employment leasing companies is becoming more and more common in today’s workforce. Sometimes these situations arise when an employer needs short-term labor on a temporary basis, but more and more companies are leasing workers on a more or less permanent basis. Generally, Massachusetts law requires that workers’ compensation coverage …
Workplace Injuries Involving Temporary or Leased WorkersRead More
Slip and Falls on Snow and Ice
It’s almost winter again, and here in Massachusetts whether you like it or not, that means snow and ice are coming. With the snowier and icier conditions comes the risk of slip and falls for you and visitors on your property. And up until recently, a property owner’s liability for slips and falls rested on …
The Consequences of Texting/Webbing While Driving
About 15 years ago I represented a young lady who was injured in a head-on car accident that occurred at about 2:00 a.m. The driver of the other vehicle crossed the center lane. The primary focus on the case was that the other driver was drinking and driving. The bulk of the discovery on the …
Insurance Coverage After a Motor Vehicle Accident
All too many people have been in a situation where they get into an automobile accident, through no fault of their own, and sustain injuries as a result. Unfortunately, dealing with the various insurance companies and their coverage issues can be a burdensome and confusing experience, especially while trying to receive treatment for your injuries. …
Who Will Pay You When You’re Injured?
Too frequently folks who suffer disabling injuries learn that the person or entity responsible cannot compensate them for the full amount of their damages. When your life has been altered through no fault of your own, it is heart-breaking to realize that there are no funds to provide for your basic needs. Most personal injury …