FAQ
(Frequently Asked
Questions)
FAQ - Workers'
Compensation
Q: What benefits can I receive if I am
injured at work?
A: An employee who is injured in the course
of employment may be entitled to the following:
Q: If the insurance company refuses to pay
any of the benefits to which I am entitled, what can I do?
A: A claim can be filed at the
Department of Industrial Accidents where an administrative
judge will rule on your case. The workers' compensation laws and
regulations are complex and unique and an experienced workers'
compensation attorney can best ensure that you receive all of the
benefits allowed under the law.
Q: If I am out of work due to an injury,
how can I possibly afford to hire a lawyer?
A: Payment of attorney fees is set by
state law. You do not pay up front for those fees. In most
cases, attorney fees due to your attorney are paid by the insurance
company. If your case settles, your lawyer receives up to 20% of the
settlement.
The information obtained on this site is not, nor is it
intended to be, legal advice. You should consult with an attorney
for legal advice concerning your individual situation.
Top of
Page
FAQ - Motor Vehicle
Accidents
Q: Under what circumstances can I collect
money for my pain and suffering resulting from a car accident?
A: There are two requirements. First, that
the other driver or drivers are more than 50% responsible for the
accident (if you are a passenger this would obviously not be a
concern). Second, you must reach the so called "tort threshold"
which requires that you have incurred at least $2,000.00
in necessary medical care for treatment of the injuries received in
the accident.
Q: If I am injured in a car accident but do
not have any health insurance, how do I obtain medical
treatment?
A: Under the no fault provisions of the
Massachusetts motor vehicle laws, you are entitled to receive
payment of your treatment from the Personal Injury Protection
(PIP) portion of the insurance policy of the car in which you were
riding in, no matter who was responsible for causing the accident.
Of note, payment under this portion of insurance policies has no
effect on the cost of premiums.
Q: If I am clearly not at fault for causing
the accident, why would I need an attorney?
A: Even when there is no dispute as to who
is at fault, there are still many issues which may be contested by
the insurance company. These include ensuring that the bills for
your treatment are paid; proving the nature and extent of the
injuries that were caused by the accident; and, most importantly,
convincing the insurance company as to the level of pain and
suffering resulting from those injuries.
The information obtained on this site is not,
nor is it intended to be, legal advice. You should consult with an
attorney for legal advice concerning your individual
situation.
Top of
Page
FAQ - Bankruptcy
1. My house is scheduled
for foreclosure. However, I am back at work after a long lay off and
able to pay my current bills but not the arrears that are owed on my
mortgage. Will I lose my house?
A Chapter 13 Bankruptcy will enable you to file a “Plan” with the
Bankruptcy Court showing how you will pay off the past-due debts
over a period of 3 to 5 years. Once the plan is approved, you will
not have to come up with the entire past due amount but instead will
be given time to pay it back.
2. Are there requirements that must be performed prior to
filing a bankruptcy?
Yes. You will need to obtain credit counseling within 180 days
before your case is filed. We can set this up for you. This can be
done over the phone or over the internet and does not take long at
all. A certificate from the agency would be sent to us stating that
you received the counseling. You are also required to file the most
recent tax return then due. There is also a post-filing requirement
where you will need to obtain a financial management certificate,
which we can also set up for you.
3. Can I keep my property and still file?
You can in most cases, but there are of course exceptions on what
and how much you can keep. You can keep all property that is
“exempt” under either Massachusetts Law or Federal Law. Which law is
chosen for the exemptions depends on your circumstances. Generally,
you will usually be able to exempt the value in your home, your car,
household good, clothing as well as most retirement accounts.
4. I am current on my mortgage and do not want to lose my
home. Will I be able to discharge my credit cards but still keep my
home?
Yes, as long as the equity in your home is exempt under either
Massachusetts or Federal Law. That is true in the vast majority of
cases.
5. Will Bankruptcy wipe out all my debts?
Yes, with exceptions. It will not normally
discharge:
Alimony/child support;
Loans you obtained by
providing false information to a creditor;
Debts incurred from
“willful” or “malicious” harm;
Student Loans;
Most taxes
6. Will I have to go to court?
In most cases, you will only have to go to a proceeding called
“the meeting of creditors” or the “341 meeting” to meet with the
bankruptcy trustee (chapter 7 or chapter 13) and any creditor who
chooses to come. Most of the time, this meeting will be a short and
simple procedure where you will be asked a few questions about your
petition and financial situation. Your attorney would be present at
that meeting.
7. How long will it take before I can purchase a home or
car if I file for bankruptcy?
There is no clear answer to this question. A bankruptcy filing
will stay on your record for 10 years. However, so will bad credit.
You may be able to obtain a loan if you can satisfactorily explain
the reason (s) for the filing (unemployment, illness divorce). The
number of years that have gone by since the filing and your payment
history after the filing will also be relevant.
The information obtained on this site is not,
nor is it intended to be, legal advice. You should consult with an
attorney for legal advice concerning your individual
situation.
Top of
Page
FAQ - Divorce
Q: My spouse and I have both agreed to a
divorce. How long will it take before we actually become
divorced?
A: After your attorney has negotiated and
drafted the Separation Agreement, a hearing will be scheduled before
a Probate Court Judge. Within thirty days after taking testimony
from the parties and reviewing the separation agreement to ensure
that it is fair for both parties, the Judge will issue a finding
that the marriage is irretrievably broken. Your divorce will
become final ninety (90) days thereafter.
Q. My spouse was
earning $75,000 per year during our marriage. My spouse has decided
to work less hours in another line of work and for less pay. We have
three kids and a mortgage. How will I be able to pay the bills and
support the family?
A. If the court determines
that a spouse has "voluntarily" changed jobs or careers that
produces less income, in order to avoid or reduce their support
obligations, the judge can impute a spouses income based upon what
he or she is or was capable of earning. In other words if your
spouse is now earning $20,000 "by choice", the court can issue
orders for support as if your souse was still earning $75,000 per
year.
Q: My husband tells me that I do not have
any rights to our home as it is in his name and he pays the mortgage
on it. Is he correct?
A: Upon divorce, the court may assign to
either husband or wife all or any part of the estate of the other.
The general rule is for the "equitable", (not "equal")
division of the marital assets. The court will weigh, among other
factors, the contribution(s) made by each of the parties
toward the acquisition, preservation or appreciation in value of
their respective estates and the contribution of each
of the parties as homemaker to the family unit. Non
economic contributions by a spouse can entitle that spouse to a
share in the family assets.
The information you obtain at this site is
not, nor is it intended to be, legal advice. You should consult with
an attorney for legal advice concerning your individual
situation.
Top of
Page | 
