Framingham Personal Injury Attorneys | Car Accidents | Slip and Falls

Attorney Elliot Beresen as a 2020 Super Lawyer

We are pleased to announce that Elliot Beresen has been selected to the 2020 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.

Please join us in congratulating Attorney Elliot Beresen on his selection.

Fell On Stairs Exiting Restaurant

In this case a client fell on a stairway leading out of a Framingham restaurant. The restaurant owner had the stairway changed in a matter of days after the accident and before the client had an opportunity to consult anyone. Fortunately, the EMTs suggested she take a picture of the stairway, which she did. We sent the picture to a forensic photographer who used to work for the Los Angeles Police Department. Because there were some objects in the photograph of known dimension (such as the milk carton and the siding on the building) he was able to determine the dimension of the stairs, the risers and the handrail bringing in to question the legal specifications of the stairs. This slip and fall case ultimate settled for several hundred thousand dollars, but without the photograph the our client may not have been able to obtain the compensation she needed and deserved.

The stairs risers violated building code in that they were of varying heights and for the top step excessive height. The hand rail violated the Code in that it was much too wide to grip.

Severely Injured Due to Slope of Floor

Sometimes a picture can be worth more than 1000 words. Sometimes it can make or break your case. If you’ve been injured in an accident on someone’s premises you should always take a picture of the area where you were hurt. Conditions often change and they can change quickly. Without a photograph it is more difficult to prove your case.

By way of example the following picture was used to demonstrate the slope of the floor where a client fell over a railing and was severely injured. By putting some water in a glass we could measure where the water came to on the sides of the glass and determine the slope of the floor. A local police forensic photographer was retained to do the measurements.

What You Need To Know To Start Your Personal Injury Case in Massachusetts

The Massachusetts Accident Data Center website reveals an array of accidents that occur in our State every day: an 8 year old boy was injured while riding his bicycle in Framingham; a pedestrian was struck by a vehicle in Ashland; and a two-car wreck in Sudbury left four people seriously hurt. You can’t help but wonder what YOU would do if it was you — or your little boy — who had been injured. It’s an upsetting time, and it gets worse when you realize that you now have another challenge: finding a personal injury lawyer who will protect your rights and fight for just compensation. After all, it’s the only way that you can be sure that you receive the care you need, whether it is immediate care for a broken bone or longer-term care such as physical therapy or other rehabilitation to help you get back to where you were before the accident.

There are so many ways that an injury can occur and you certainly will require both medical and legal guidance in determining how to proceed in recovery. Our attorneys understand not only the stress and physical burdens you will endure but also the financial challenges that lay ahead. Serious personal injury can change your life and you need an experienced legal team by your side. [Read more…]

Things Construction Workers Should Know About Onsite Accidents

Construction Accidents happen for many reasons. People who experience constructions accidents within the state of Massachusetts are often faced with medical bills and related expenses that can dig deeply into their budgets and that also cause undue hardships for the workers’ families.

Workers in the construction trade are often exposed to dangerous conditions at work sites caused by negligence, generally dangerous working conditions and the practices of contractors, architects, subcontractors, product or tool manufacturers and others who place their employee’s safety as a secondary measure.

Oftentimes, construction workers in Massachusetts are unaware of their rights as injured parties. Contractors and site owners are responsible by law for providing a safe work environment for employees who are hired to work on Massachusetts work sites. There are specific laws that offer special legal protection for workers that find themselves working in high places, such as on ladders, scaffolding or on structural steel beams. [Read more…]

Premises Liability – What is it and Who is at fault?

Winter is coming, and there will be snow and ice. In fact, if it’s anything like last year, there may be a lot of snow and ice.

Injuries due to snow and ice may be cause for damages in a premises liability case. Premises liability in Massachusetts, however, applies to many types of injuries and accidents, not just those caused by our weather.

The term “premises liability” covers any kind of accident that arises from a condition on a property. This can include snow or ice, an obstruction, defective workmanship, inadequate maintenance, a slippery floor, broken stairs, or any other environment that causes one to fall, slip, or trip. The range of potential conditions covered by premises liability is very wide; because of the numerous conditions potentially covered and the complexity of the law, it is highly advisable to consult an experienced personal injury attorney if you have questions. [Read more…]

Personal Injury Caused By A Dog Attack

Massachusetts animal attack laws, including dogs, state that if an animal causes bodily injury or injury to property, the owner or guardian of the owner, should they be a minor, is deemed responsible. The exception to the rule states that if the attacked occurred in response to the victim taunting, teasing, or abusing the animal, or while the victim was unlawfully trying to enter the animal owner’s property, than the owner may not be held accountable for the animal’s actions.

Building Your Case

Seek medical attention. This is done for two reasons; one is that animal bites are prone to infection even if they seem minor. In addition, it is important to have medical documentation to support your claim of injury.

Try to establish ownership of the animal. In order to file a claim, a negligent party must be identified. Identifying the owner of the animal is imperative to your case.

Document the events surrounding the attack. Write down a detailed account of the events that led to the attack. If possible, take photographs of clothing and wounds.

Seek legal counsel. Personal injury lawyers can help you build a solid case for your claim. In animal attack situations, determining and proving negligence on the part of the animal owner is key. Animal attack laws can be tough to sort through on your own. Be sure to retain a personal injury lawyer who has a strong focus on Massachusetts animal attack litigation.

Dog attacks can range from minor to severe enough the victim needs multiple surgeries to make a full recovery. Compensation can include but is not limited to medical cost coverage, lost wages, property damage, and emotional distress. If you or a loved one has been injured in a dog attack, we invite you to contact us for free case evaluation.

Slip, Trips, Falls: What is Premises liability?

If you’ve slipped, tripped, fallen or been injured in any way while on someone else’s property, you should know about your legal rights. You may be able to pursue a premises liability case against the owner or other parties.What is premises liability? Massachusetts statutes require property owners to use a “…a reasonable standard of care..” when it comes to protecting lawful visitors from injury on their premises. Failure to do so may render the owner legally liable for any resultant injuries on their premises.

A “lawful visitor”If you were on someone’s premises as an invited guest; or you were under a reasonable assumption that you were permitted on the premises– such as a mailman delivering the mail– you were a lawful visitor. If you were on a business premises as a customer, supplier, or in any other legitimate capacity related to the business, you were considered lawful.

If you were a trespasser who had been explicitly banned from entering the premises, or you were committing a crime or other unlawful act, you would not have been considered “lawful” at the time of your injury. Under most circumstances an unlawful visitor would not have a valid premises liability case, even if they could prove that the owner was negligent.

How do you prove the owner was negligent?

[Read more…]

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