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It is possible to pursue a Chapter 7 bankruptcy proceeding and a personal injury lawsuit simultaneously. But it has to be approached with caution. After all, we don’t choose to be a victim of negligence, and sometimes, it doesn’t happen at the most opportune financial point in our lives. It is to your advantage in this situation to hire an injury lawyer with full understanding of the complexity of both bankruptcy and injury law, and the ways in which these proceedings – one in state court and one in the federal system – can impact one another. piggybank

In a recent case before the Virginia Supreme Court, a plaintiff was ultimately denied the opportunity to pursue her injury lawsuit because she improperly failed to exempt her negligence claim in her bankruptcy filing.

According to court records, plaintiff was involved in a motor vehicle accident in February 2012. Soon thereafter, she saw her primary care physician and complained of back and neck pain radiating into her head, causing her to suffer a severe headache. An MRI indicated she was suffering from disc protrusion. Doctors treated her with steroid injections, and she was also assigned to physical therapy and sessions with a chiropractor. These treatments weren’t effective, however, and she ultimately underwent surgery.  Continue reading

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Massachusetts courts do recognize that when a driver suffers a sudden medical emergency immediately prior to a car accident, he or she cannot be found liable for the crash. Applicability of the sudden medical emergency doctrine continues to be weighed by courts in the Commonwealth, as the defense always raises questions as to whether the medical emergency was foreseeable (i.e., was it sudden seizure or someone who knew they had epilepsy? etc.), and also whether strict liability may apply anyway.bus driver

Some states have considered sudden medical emergency to be an absolute defense against liability in a traffic accident (see the Ohio Supreme Court’s 2003 decision in Roman v. Estate of Gobbo).

Recently, the Utah Supreme Court considered this issue, finding that strict liability can still be imposed on a driver who suffers sudden incapacity. The case involves a motor coach driver who suffered a sudden and unforeseeable loss of consciousness.  Continue reading

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Many people drive as part of their daily work routine. Some do so specifically to further the business of their employer. In cases where an at-fault driver was acting in the course and scope of employment, the employer may be found vicariously liable for its employee’s negligence – even if the employer wasn’t in any way directly negligent (i.e., negligent hiring, negligent supervision, failure to properly maintain vehicle, etc.). van

However, when someone has permission to use a company-owned vehicle both for work and personal reasons, questions of liability can get complicated.

This was the matter at hand in a recent case weighed by a California appellate court, where the question was whether the at-fault driver’s personal insurer should be liable to pay a $500,000 arbitration award for a crash that happened while the driver was operating a company vehicle, but not in the course and scope of employment.  Continue reading

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As the season for spring break fast approaches, a community in Illinois is marking 10 years since a fatal car accident claimed the lives of five teenagers, all friends at a local high school. Several other youths were seriously injured, and one woman was sent to prison for drunk driving.teen

The Chicago Tribune reports the losses were deep not only for the families of those left behind, but for the entire community who mourned the 14-to-17-year-old’s who would never graduate high school, head off to college or start families of their own.

The incident occurred in 2007, when a young woman went to pick up her younger sister from a private residence where several teens had been drinking until a parent arrived and broke up the gathering. She offered one of the intoxicated teens a ride home, but soon ended up with a car full of kids. However, the 23-year-old, herself a young mother, was drunk too. She crashed her vehicle into a utility pole. The crash killed two 14-year-old’s, a 15-year-old, a 16-year-old and a 17-year-old. Three others were seriously injured. All attended the same high school. Continue reading

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An investigation was launched last month after a reported “freak accident” in which a utility pole crashed to the ground right in front of a vehicle on Southeast Expressway in Boston. An investigation by MassDOT hasn’t revealed any obvious defect or flaw that could be found by crews that inspected all 120 poles along Interstate 93 the night after the car accident. utilitypole

Inspection teams conducted a series of quality control tests on numerous poles in nearby neighborhoods as well, examining the condition and metal thickness of the welds, base plates and bolts. They reportedly did not find anything that would signal structural integrity concerns. Still, the pole that fell was among more than 100 slated to be removed by the state department of transportation based solely on their age, as they were nearing the end of their intended lifespan and needed to be replaced with more modern fixtures.

But that replacement apparently didn’t happen fast enough for one motorist, who was driving on the Southeast Expressway around 5 a.m. one recent morning when the utility pole “dropped like a tree.” The driver said he saw the pole falling, but was unable to react fast enough to avoid it. He drove over the pole, resulting in the destruction of the undercarriage of his truck. His tires blew out and the pole was sent flying toward another vehicle, driven by a father of six. That driver, who also survived, explained it was dark and happened very quickly, leaving him no real time to react. Several other vehicles piled up also, though miraculously, no one was seriously injured.  Continue reading

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A massive 55-car pileup last month was the result of icy conditions across highways in the Boston region, which stretched well beyond throughout Massachusetts. icyroad1

As reported by NBC Boston, authorities reported the 55-car crash was one of dozens reported across state expressways as ice and snow blanketed the region. In the biggest of those collisions, which occurred on I-95 in Wakefield, no one was killed, amazingly, but eight people were seriously hurt and had to be transported to local hospitals. Witnesses reported the collisions first started to occur around 6 a.m., as many drivers were beginning their morning commutes. One driver reported he tapped his brakes, and suddenly realized there was a sheet of black ice underneath. “There was nothing I could really do after that. Everybody just started sliding into each other.”

Authorities shut down I-95 and the Mass Pike due to slick conditions, and state workers in non-essential positions were placed on a two-hour delay as road crews responded to icy road conditions. Just in the city of Newton, there were more than 12 accidents, including one seven-vehicle collision on Route 128. There was also a 30-vehicle pileup on I-93 near the I-495 interchange in Methuen. There was a school bus with students that crashes in Melrose, though thankfully no one was injured. There was also a 10-car pileup in Woburn and a seven-car crash in Medford – both of those on I-93. A tractor-trailer overturned on the Mass Pike and was leaking fuel, and nine cars crashed on the Mass Pike in Weston. Continue reading

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According to a recent news article from the Marblehead Patch, a single-car accident resulted in the death of local Massachusetts writer.  There were many witnesses to the accident, and one bystander not only called 911, but stayed with the victim and her dog until first responders arrived. The woman was said to be in a state of partial consciousness following the accident.

car crashAuthorities have said the woman was traveling on a residential street when she lost control of her vehicle and crashed into a tree.  It is not known why she lost control of the vehicle, and they are conducting a full investigation into the cause of this fatal Massachusetts car accident. Continue reading

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According to a recent news article from the CBS Local Boston, a car crashed into Norton Reservoir just south of Boston.  The crash occurred around noon when the 51-year-old driver apparently lost control of his vehicle and plunged into the cold waters of the reservoir.

car accidentAuthorities have said the vehicle cleared an embankment on the edge of the natural pond, which is about 600 acres in size.  His vehicle ended up about 100 feet from shore, but luckily, the lake has a maximum depth of around 12 feet and an average depth of three to four feet of water, so his vehicle was only submerged to just above the doors, instead of sinking all the way under water.  Continue reading

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January 2017 has not been a good month for baseball players on the road. Recently, Yolando Ventura of the Royals and Andy Marte, who played for the Diamondbacks a few years ago, were both killed in two separate car accidents in the Dominican Republic.  Now, according to a recent news article from Fox Sports, Sean Rodriguez of the Atlanta Braves was just in a serious car accident involving an allegedly stolen police car.

police lineAuthorities have said Rodriquez was driving his SUV with this wife and two children as passengers when he was struck by another vehicle.  The suspect had allegedly stolen a police cruiser and was driving at a high rate of speed when he T-boned Rodriquez’s vehicle.  While Rodriquez was not seriously injured in the car crash, the police car burst into flames and ended up doing serious damage to his SUV, and his family suffered more significant injuries.  His two children, ages 8 and 2, were both listed as being in serious condition at a level-one trauma center. The driver of the allegedly stolen police car was killed in the fiery wreck. Continue reading

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Many in the baseball world are still reeling from the untimely death of Miami Marlins’ ace pitcher José Fernández.  Now, there has been another great loss. According to a recent news report from Fox News, Kansas City Royals pitcher Yordano Ventura has been killed in a car accident.  The Dominican native was 25-years-old at the time of his death.sad

Authorities have said Ventura was driving his Jeep as he was going around a sharp curve and lost control of the vehicle.  The Jeep then flipped over on its side.  As the vehicle rolled over, witnesses say Ventura was ejected from the Jeep and his body slammed into the road surface with a considerable amount of force. Continue reading

Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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