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Insurance Liens, Medical Treatment and the Personal Injury Claim

It may come as a surprise to a client when they learn that after their personal injury claim settles they must, in many cases, reimburse their health insurance company for medical bills paid. This makes little sense to a client who feels as though they’ve done nothing wrong, yet they must pay back the health insurance company for medical bills paid as a result of their personal injuries.

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Worker’s Compensation and the Third-Party Personal Injury Claim - MGL c. 152 § 15

If you have been injured on the job you may be, or have been, entitled to Worker’s Compensation benefits.  A claim for Worker’s Compensation benefits is filed at the Department of Industrial Accidents against the employer for whom you worked when you were injured.  Workers are entitled to benefits regardless of fault. 

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Mandated Reporters and MGL c. 119 § 51A

Generally, a Care and Protection Petition is initiated by DCF after a 51A report is screened-in, investigated and supported. In the Commonwealth of Massachusetts MGL c. 119 § 51A requires mandated reporters to report any reasonable cause to believe that a child is suffering a physical or emotional injury resulting from abuse, neglect, physical dependence upon an addictive drug at birth, is being sexually exploited child, or being a human trafficking victim. Failure to report can result in fines and, in some cases, incarceration.

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General Damages and Special Damages in Personal Injury Claims

If you’ve been injured in an accident at no fault of your own, you may have claims for personal injury against the individual(s) or organization(s) that caused your injuries. The first question you may ask yourself is what may I be compensated for? In the legal world we refer to the compensation received for injuries as “damages.”

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Dog Bite Claims and Strict Liability

Pursuant to Massachusetts General Laws c. 140 § 155, if any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage. This is what the legal community refers to as a “strict liability” statute. What this means is that if a dog bites another person the owner of the dog is responsible regardless of fault.

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