Feinberg & Alban P.C.FindLaw IM Template2025-03-31T11:56:34Zhttps://www.feinbergalbanblog.com/feed/atom/WordPressOn Behalf of Feinberg & Alban P.C.<![CDATA[Most dangerous times for bicyclists and pedestrians in Mass.]]>https://www.feinbergalbanblog.com/?p=2344772024-06-04T19:37:30Z2024-06-04T19:37:30ZRiskiest times for bicyclists
Bicyclists in Massachusetts face the greatest danger between 12 p.m. and 6 p.m. This six-hour window sees the highest number of accidents involving cyclists. These hours are particularly risky due to a combination of factors. Increased traffic volume, drivers returning home from work and cyclists riding for leisure or commuting are among the reasons why accidents are more likely during this period.
Specific months also see a spike in bicycle accidents. July and November are notably the most dangerous. In July, the warm weather encourages more people to ride their bikes, while plenty of drivers hit the road for work and vacations.
Meanwhile, in November, reduced daylight hours and often slippery conditions due to early winter weather contribute to higher accident rates.
High-risk periods for pedestrians
For pedestrians, the most dangerous time to be on the streets is between 5 p.m. and 10 p.m. This five-hour span encompasses the evening rush hour and the early part of the night. During this period, visibility decreases as daylight fades, making it harder for drivers to see pedestrians. Driver distractions such as phone notifications become even more dangerous.
The rush to get home from work or evening activities also leads to more hurried and sometimes reckless driving. Wearing bright or reflective clothing, using crosswalks and being alert to traffic can help pedestrians, but collisions still occur.
In cases where bicyclists or pedestrians sustain serious injuries, compensation may be available. This compensation can help cover medical expenses, lost wages and other related costs.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[Who has to pay medical bills right after personal injuries?]]>https://www.feinbergalbanblog.com/?p=2344742024-04-02T22:56:34Z2024-04-02T22:56:34ZInjured party
The primary responsibility rests with the injured party. Essentially, the injured party must seek medical treatment and shoulder the associated costs.
Health insurance
People often rely on their health insurance policies to cover medical bills resulting from accidents or injuries. Health insurance providers may pay for medical treatments, procedures and services. However, health insurance commonly does not cover certain expenses. These out-of-pocket expenses can include:
Co-payments for certain services, such as doctor visits, prescription medications or emergency room visits
Deductibles that individuals must pay out-of-pocket before their insurance coverage kicks in
Coinsurance, where the insured meets the deductible but is still responsible for a set percentage of costs while the insurance company covers the rest
Out-of-network services, which typically have higher deductibles, co-payments and coinsurance rates
Medical equipment and supplies, in which coverage may be minimal or require prior authorization
These expenses can be considerable.
Benefits and subrogation
In cases of multiple insurance policies, such as auto insurance or workers' compensation, the coordination of benefits is important. Insurance companies must determine the order in which policies will contribute to covering medical expenses. Additionally, some insurance policies include subrogation clauses. They allow the insurance provider to seek reimbursement from settlements or judgments obtained by the insured party.
As individuals try to recover physically and emotionally from their injuries, they may still have to pay medical bills. Understanding their responsibilities and rights may reduce stress and help with getting fair compensation.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[Statute of limitations on Massachusetts personal injury claims]]>https://www.feinbergalbanblog.com/?p=2344712024-01-31T05:00:16Z2024-02-02T04:58:55ZUnderstanding the statute of limitations
Massachusetts has a 3-year statute of limitations for filing personal injury lawsuits. This means you have 3 years from the date of the injury or accident to file a claim. If you miss this deadline, you may not be eligible for compensation. For injuries to minors, the 3 years does not begin until the child turns 18 years old. However, it is often beneficial to file sooner rather than wait.
Why the statute of limitations matters
The statute of limitations exists to encourage the prompt resolution of legal claims and prevent stale claims. As time passes after an accident, evidence may get lost, memories can fade and witnesses can become unavailable. These factors can make it more difficult to mount an effective defense. By adhering to the statute of limitations, you file your claim when the evidence is strongest. This improves your chances of obtaining a favorable outcome.
By beginning the claims process promptly, you put yourself in the best position to recover the compensation you need and deserve. Make sure that you file your claim as soon as possible to protect your financial well-being.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[What to tell your insurance company after a serious accident/injury]]>https://www.feinbergalbanblog.com/?p=2344692023-12-08T19:23:17Z2023-12-08T19:23:17ZReport promptly and accurately
The first step is to report the incident to your insurance company promptly. This helps to ensure that the information provided is accurate and comprehensive. Include details such as the date, time and location of the accident, as well as the names and contact information of all parties involved.
Stick to the facts
When describing the events leading up to the accident, be sure to stick only to the facts. Avoid embellishments or unnecessary details. Clearly state what happened without adding personal opinions or assumptions. This will help your insurance company assess the situation objectively.
Describe injuries thoroughly
When discussing injuries resulting from the accident, be thorough in your description. Detail the nature of the injuries, the medical treatments received and any ongoing care required. Clearly communicate how the accident has affected your daily life, including work, hobbies and personal activities.
Keep records
Maintain organized records of all documents related to the accident and subsequent events. This may include medical bills, repair estimates and any correspondence with the insurance company. Having a well-documented file will assist both you and the insurance company in processing the claim efficiently.
Data from the Federal Highway Administration shows that, on average, there are 2,620 serious injury cases in Massachusetts each year due to motor vehicle accidents. A catastrophic car accident can happen to anyone, so it is important to know what to say to the insurance company afterward.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[What Boston drivers should know about traffic dangers]]>https://www.feinbergalbanblog.com/?p=2343122023-10-04T14:58:22Z2023-10-04T14:58:22ZCar accidents in Boston
The 2022 statistics from MassDOT's crash database paint a grim picture of road safety in and around Boston. The most serious consequence of unsafe driving is the loss of life. Last year, hundreds of crashes in the Boston area resulted in the untimely deaths of individuals.
Beyond the fatalities, 2,361 crashes caused severe injuries. Families and communities across the greater Boston area feel the impact of these life-altering accidents. There were also 16,307 crashes that led to mild or moderate injuries. While less serious, these incidents still imposed significant burdens on the people involved.
Safer driving habits
Enhancing safety on Boston's roads requires a proactive approach. Defensive driving, characterized by staying attentive and following traffic laws, is essential.
Complying with posted speed limits, especially in congested areas, is an effective way to mitigate accident risks. Speeding reduces reaction time and escalates the severity of accidents, making adherence to speed limits a priority.
Minimizing distractions, such as using a phone while driving, also plays a key role in accident prevention. Vigilance is essential, especially at intersections where collisions are more likely to happen. Drivers need to be on the lookout for cyclists and pedestrians, allowing them the right of way when necessary.
Weather awareness is also vital, given the unpredictable nature of Massachusetts weather. Being prepared for adverse conditions like fog or snow and adjusting behavior accordingly can help drivers stay safe.
A commitment to safer driving contributes to the community's well-being and helps ensure that Boston's roads are less dangerous for all road users.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[Top 5 factors that impact car accident settlements]]>https://www.feinbergalbanblog.com/?p=2343102023-08-21T20:51:40Z2023-08-21T20:51:40ZFactor 1: The type and severity of injuries
Several types of injuries can impact your settlement. A simple broken bone or contusion is usually a quick recovery with equals less of a settlement than if you have something more severe.
Factor 2: Fault
You may receive full compensation if someone else is at fault. If you are at fault, you may recover less. Both parties share fault in certain circumstances, which can also impact your settlement.
Factor 3: What you say about an accident
Your statements can and will impact your settlement. When you make a statement to a police officer, another party or an insurance company, they may be able to use it against you.
Factor 4: When you seek medical attention
Seeking a medical exam as soon as possible after an accident is always a good idea. If you wait too long, it may introduce doubt about your injuries.
Factor 5: Permanent damage
Permanent damage is one of the worst outcomes of a car accident. Disabling injuries such as traumatic brain injuries, paralysis and amputations can significantly increase your settlement. Emotional pain can also be a long-term disability.
Each situation is different, but it is important to know your settlement rights when you are in a car accident.]]>On Behalf of Feinberg & Alban P.C.<![CDATA[Mistakes to avoid after a car accident]]>https://www.feinbergalbanblog.com/?p=2342122021-12-17T22:08:11Z2021-12-17T22:08:11Zmedical costs pile up, income runs short, and you are still trying to make ends meet, the compensation you earn from your personal injury claim is vital. While the settlement is essential, it is not guaranteed. To help you maximize the compensation you earn from your claim, here are a few common mistakes to avoid:
Apologizing for the accident
People have a habit of apologizing for accidents they did not cause. Apologizing for an accident you did not cause can be a major problem, as insurance companies may try and use your words against you to avoid paying you the compensation you deserve.
Not collecting information
After the accident, make sure you take a moment to gather information like photographs of the scene of the accident, recordings of witness testimony, and the license and vehicle information of anyone involved in the crash. This information can help you bolster your claim by being able to back up your claim with evidence.
Not seeing a doctor or following their orders
Even if you feel fine after your accident, you should seek medical attention. A doctor knows how to look for hidden injuries that may be life-threatening. Additionally, your visit to the doctor can create a benchmark of your health and allow you to establish how the accident hurt you. Be sure to follow their medical advice as well, as insurance companies may try to claim that your injuries were your own fault if you do not.
Talking to insurance companies on your own
Like any business, insurance companies look for any way to maximize profits, including finding ways to minimize the settlements they have to pay. When insurance agents call you asking for details about the crash, they are likely looking for ways they can keep from paying you the compensation you need. You can avoid making this mistake by also avoiding the final mistake on this list.
Not seeking legal representation
A skilled personal injury attorney can make a world of difference in your injury claim. They can act on your behalf to talk to insurance companies, negotiate for fair and full compensation, and avoid other mistakes that can keep you from the outcome you deserve. If you suffered serious injuries in a car accident, be sure to let a lawyer help you earn the funds you need to cover your injury’s costs.
]]>On Behalf of Feinberg & Alban P.C.<![CDATA[What are the most dangerous highways in Massachusetts?]]>https://www.feinbergalbanblog.com/?p=2342082021-10-08T18:35:40Z2021-10-08T18:35:40ZThe 3 most dangerous highways
Car accidents can happen anywhere in our state. However, drivers that get into an accident on a highway tend to get more life-threatening injuries because they collide with another at high speeds. The main causes of highway accidents are human mistakes: drowsy, reckless and distracted driving. However, how the road is designed and its amount of traffic also influences the possibility of a car crash. According to a study, the most dangerous highways in Massachusetts from 2015 and 2017 were:
I-495 N
I-495 S
I-195 E
While driving on these highways, you should be more alert and focused on the road. You must also take extra precautions during winter because factors like snow, ice and water can increase the probability of a crash.
Tips for a safe ride
As a driver, you have total control of your vehicle, so you also have some responsibility to prevent an accident. While driving on the highway, avoid making unnecessary lane changes and stay out of other drivers’ blind spots to prevent unwanted accidents. Also, never back up on a highway. This is illegal. As for stopping, only do this if it is strictly necessary
Protection for you and your family
Knowing which highways are the most dangerous in your state can make you prevent serious accidents. Remember to always drive with your eyes on the road and stay alert in case anything happens. You may not control what others do, but you can reduce your chances of getting into an accident by not losing focus.]]>by Feinberg & Alban P.C.<![CDATA[Holding businesses accountable for slip and fall injuries]]>https://www.feinbergalbanblog.com/?p=2341962021-08-04T22:19:35Z2021-08-04T22:19:35ZNegligence of businesses, property owners
Property owners and businesses have a legal obligation to protect the people who visit their premises. They are responsible for providing safe areas that remain free from harm. Pothole and crack-free parking lots and sidewalks are needed. Stairs must be safe to navigate and handrails intact. Cleaned floors remain a necessity, free of spills of any kind such as beverages and oil.
According to the Centers for Disease Control and Prevention (CDC), an estimated 800,000 people each year are treated at hospitals in the U.S. due to a fall-related injury. Some of these incidents occur at businesses such as restaurants, retail stores along with the numerous firms found in office buildings and malls. All of them have something in common: frequent public visitors.
The negligence of businesses and property owners has led to many people suffering serious injuries on their premises. If you find yourself in this unfortunate situation, it is time to pursue legal action.
]]>by Feinberg & Alban P.C.<![CDATA[Who will pay my bills after my construction site accident?]]>https://www.feinbergalbanblog.com/?p=2341872021-06-10T19:07:43Z2021-06-10T19:07:43ZWorkers’ compensation laws exist to protect workers
Workers’ compensation is a program put into place specifically to protect the rights of workers that suffered an injury during the course of their work duties. After an injury, workers often have to deal with expenses such as medical bills, which can be a challenge when they can’t go to work due to their injured state. Workers’ compensation gives workers the ability to receive payments that they need to get their life back on track while they are recovering.
Typically, if you get hurt while working, you won’t have to bring a lawsuit against your employer. This is because the law requires employers to pay for workers’ compensation insurance to provide coverage for their employees, and in return the employees accept workers’ compensation benefits instead of suing their employers directly – unless exceptional circumstances apply that make suing their employer necessary.
How it works
Before you begin the process for obtaining workers’ compensation benefits, you should seek medical care. Even if you don’t feel like you need to go to a doctor, it’s a good idea to get a medical examination so that you have a record of your condition. Keep all documentation related to your medical care.
Massachusetts has state offices where you can file for workers’ compensation. Your employer most likely has the forms you need, and an experienced workers’ compensation attorney can help you to fill them out and file them correctly. Make sure you act quickly, as workers’ compensation claims have time limits.
After you finish your application, you should receive weekly compensation until you can go back to work. Workers’ compensation also covers your hospital visits, medical care and prescription drugs connected to your recovery.
Suffering a workplace injury on a construction site can be devastating. If you or someone you know has been injured on the job, don’t hesitate to file for workers’ compensation. It exists to help people in your situation to be able to fully recover and return to work without undue financial worries.]]>