Massachusetts Accidents

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Search results for “evidence”

20 results

clear and convincing evidence

The part that trips people up most is that it is not the same as "more likely than not." It is a higher burden of proof than a preponderance of the evidence, but lower than...

Preserving Evidence After a Massachusetts Attic Fall

If you're an HVAC tech who went through a ceiling and everybody is pointing at somebody else, the evidence you grab in the first 48 hours can decide whether this stays "just workers comp" or turns into a real third-party claim too.

ARTICLE by Joanne Kowalski

Losing, destroying, altering, or failing to preserve key evidence can directly reduce the value of a claim - or sink it entirely. When that happens, a court may limit defenses,...

Signed that hospital lien after a Worcester crash - did you just hand over your settlement?

A Worcester business owner hit from behind on a motorcycle needs to lock down evidence fast because a hospital lien can devour a decent claim if the proof is sloppy.

ARTICLE by Danny Callahan

A sworn written statement. "Sworn" means the person signing it affirms the contents are true, usually under penalty of perjury. "Written" matters because a declaration is meant...

subpoena duces tecum

Like getting a written demand to bring your receipts, emails, or lab notes to a meeting, this is a court-backed order requiring a person or business to produce documents,...

A fact witness tells the court what they personally saw, heard, or did. An expert witness goes a step further: someone with specialized training, education, or experience who...

No money for a lawyer after a wrong-way crash in Lowell - are you screwed before the truck's data disappears?

A Lowell HVAC tech got hit by a wrong-way truck and the biggest problem now is that the trucking company's electronic crash data may vanish fast if nobody moves.

ARTICLE by Rosa Tavares

$58,000 in bills after a Lowell brake-failure crash and now the rental car insurers are dodging each other

A Lowell HVAC tech got wrecked by a rental car with bad brakes, and the real fight turned into which insurer is supposed to pay.

ARTICLE by Joanne Kowalski

at-will employment

What trips people up most is that an employer usually can fire someone for almost any reason, but not for an illegal reason. At-will employment means either the employer or the...

victim impact panel

You just got a letter that says you must attend a victim impact panel before your next court date or as a condition of probation. That usually means a court, probation...

I got hit after a Springfield night shift and everyone says not our fault

A Springfield nurse gets hit after work, the other vehicle had known brake problems, and the city tries to hide behind immunity because the road was a mess too.

ARTICLE by Tyrone Mitchell

willful violation

Not a simple mistake, oversight, or ordinary carelessness. A willful violation involves a person or company knowingly breaking a legal duty, rule, or safety requirement, or...

Insurance companies and defense lawyers often throw around "verdict" to scare injured people into settling cheap. They may hint that juries are unpredictable, that a courtroom...

A New Bedford city truck changes the whole claim after a wrong-way crash

A wrong-way crash is bad enough, but when the truck belongs to the City of New Bedford the rules, deadlines, and payout limits get a lot harsher.

ARTICLE by Amit Desai

This is the second scare this pregnancy, and now the insurer wants you talking before the monitoring bills hit

A pregnant pharmacist hit while walking on a Brockton road without a sidewalk can get squeezed from both sides fast: employer pressure, insurer surveillance, and settlement offers before the real medical costs show up.

ARTICLE by Sean Flaherty

Missing work after an injury can drain a paycheck fast and put health insurance, job security, and a legal claim under pressure all at once. FMLA leave is job-protected, unpaid...

Defense lawyers love this part because it gives them hours to pin an injured person down, test memory gaps, and hunt for anything they can twist into "inconsistency." If pain...

Fall River pothole wreck? Medicare can take a bite out of your payout

A city road claim in Fall River can turn into a fight over notice, vehicle damage, lost income, and a Medicare payback that shrinks the settlement fast.

ARTICLE by Danny Callahan

Worcester crash with a firetruck and grain truck who pays if they're blaming each other?

The ER note helps you if it says your condition was aggravated by this crash. The insurance companies will use that same note to argue your back was already bad before today....