Diseases with Extended Latency Periods The June 2018 issue of Legal News featured a discussion of a possible exception to the six-year limit set forth in the Massachusetts statute of repose during which any tort action alleging deficiency or neglect in “the design, planning, construction, or general administration of an improvement to real property” must […]
Personal Injury
RSS feed for this sectionPIP ROUNDUP: BALANCE BILLING & SELF-EMPLOYMENT INCOME
By Robert Allison on January 23, 2019
In Massachusetts, Personal Injury Protection (PIP) benefits are available to persons injured in a motor vehicle accident. The compulsory no-fault insurance covers all reasonable expenses incurred within two years of the date of the accident for necessary medical, surgical, x-ray and dental services and for seventy-five percent (75%) of lost wages, up to the applicable […]
The Statute of Limitation in Consumer Claims Against Insurers
By Robert Allison on November 7, 2018
In Massachusetts, insurers and insurance claims settlement agents have a duty to “effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” The failure to do so is defined by statute as an unfair or deceptive act or practice in the business of insurance that qualifies as a violation of […]
PIP Exclusions: When “No Fault” Is Your Fault
By Robert Allison on August 10, 2018
Personal Injury Protection Exclusions By statute Personal Injury Protection (PIP) benefits are required for all Massachusetts automobile insurance policies. This coverage provides for payment of “all reasonable expenses incurred within two years from the date of accident for necessary medical, surgical, x-ray, and dental services,” as well as lost wages and payments for necessary household […]
Can a Meatball Be Unreasonably Dangerous?
By Robert Allison on April 14, 2018
In a tragic Massachusetts personal injury case, a seven-year-old first grade student suffered traumatic brain damage after choking on meatballs served in the cafeteria of a public school. The student and his parents sued the manufacturer of the meatballs for negligence and breach of the warranty of merchantability arguing that the formula used for the […]
