Attorney Blog

Woman Dies in Wareham Single-Vehicle Accident

cphillips@phillipsgarcia.com (Blog Author)27971 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Wareham - One woman has died in a single-vehicle accident in Wareham. According to reports at The Martha's Vineyard Times, the fatal car crash occurred shortly after 8 p.m. on Monday night.

Initial reports indicate that the victim was driving a Jeep Grand Cherokee on Route 495 when she lost control of the vehicle and crashed into some trees on the side of the road. The collision was so severe that the Jeep caught fire immediately following the crash. First responders were unable to revive the victim, who died at the scene. Police eventually identified the victim as 57-year-old Penelope Dickens, a resident of Oak Bluffs.

Police continue to investigate what caused this fatal single vehicle accident. An accident reconstruction team with the Massachusetts Police Collision Analysis unit will be reconstructing the car crash in an attempt to determine what caused Penelope Dickens to lose control of her vehicle. Another report will be posted if additional information becomes available about Monday's car accident.

Investigators Find Negligence in Fatal Boston Fire Truck Crash

cphillips@phillipsgarcia.com (Blog Author)27969 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Boston - Investigators have released their initial findings in the case of a fatal crash in 2009 that killed a firefighter. As reported in The Boston Globe, Boston firefighter Kevin Kelley died after the brakes failed on his fire truck, which caused the truck to crash into a building at the bottom of a hill. The fatal fire truck accident occurred on January 9, 2009.

The initial report from fire department investigators, which was released on Monday, found that there were several factors that contributed to the fire truck crash. The biggest problem, according to the report, is that the fire truck from Ladder 26 was not properly maintained before the accident. In addition, it was firefighters who performed regular maintenance on the fire truck, rather than licensed truck mechanics, and the maintenance department was understaffed in general. Investigators also believe that the firefighters did not receive effective training on how to drive a fire truck.

The report also includes more than 100 recommendations on areas that the Boston Fire Department should implement to improve its safety record. It is currently unclear how many of those recommendations will be instituted by the department.

Teen Charged in Fatal Norwell Car Accident

cphillips@phillipsgarcia.com (Blog Author)27967 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Norwell - Police say the driver who crashed his Chrysler Pacifica on Sunday night, killing his passenger, was driving under the influence of alcohol. According to reports in The Boston Globe, 18-year-old William Ecclestone was charged with motor vehicle homicide and drunk driving in the death of Ryan O'Donnell.

The fatal DUI accident occurred shortly before 9:30 p.m. on Prospect Street in Norwell. Police believe Ecclestone lost control of his vehicle, which then crashed into a tree and rolled over. The car suffered serious damage during the rollover, and while Ecclestone only had minor injuries, Ryan O'Donnell was fatally injured. He was later pronounced dead at South Shore Hospital.

William Ecclestone, who attended Norwell High School with O'Donnell, is being held at a jail in Plymouth County. His bond has been set at $10,000. Administrators at Norwell High School and Dean College, where Ryan O'Donnell was halfway through his first year, are scheduling counseling sessions for grieving students. Ecclestone's court date has not been set at the time this writing.

Victim in Stoughton Pedestrian Accident Released From Hospital

cphillips@phillipsgarcia.com (Blog Author)27966 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Stoughton - The victim in a serious bicycle accident has been released from the hospital, according to The Enterprise News. Back in February, 38-year-old Michael Hood was hit by a car while riding his bicycle.

Michael Hood was cycling in Stoughton Center when the car accident occurred. He suffered serious personal injuries in the crash, and he was treated initially at Good Samaritan Hospital. His injuries were so severe that he was later transported to the trauma center at Massachusetts General Hospital. He was in the hospital recovering from his injuries for quite some time before he was finally released.

Police have not released the name of the driver in this pedestrian accident, but it's believed that the driver was a male teenager. An accident reconstruction team with the Massachusetts State Police continues to investigate this crash, but they have not released any initial findings. Police have not said if the unidentified driver will face any charges in this serious bicycle accident. More information will be posted if and when it becomes available.

Michigan Wrongful Foreclosure Case Added to the National List

cphillips@phillipsgarcia.com (Blog Author)27959 — Tue, 09 Mar 2010 08:00:00 EST

We have been making an effort to keep American citizens aware of the rash of wrongful foreclosures occuring throughout the country. Wrongful foreclosures involve a bank trespassing and entering a home when it has no legal right to do so. We are now representing a homeowner in Michigan in a situation where the bank foreclosed on a house it sold in a short sale.

We reported a similar case in Massachusetts just a few weeks ago. In the Massachusetts case, we represent a homeowner who bought a house from Bank of America in a short sale. About two weeks after the short sale, BOA's foreclosure contractors entered the home, changed the locks and stole some of the homeowner's tools.

The Michigan case also involves a short sale. The property, which is approximately 20 miles outside of Grand Rapids, was owned by a Deutshe Bank trust as part of a pool of securitized loans. After our clients bought the house in a short sale from the bank, the bank came back and foreclosed on the property, breaking in and changing the locks.

It looks like homeowners who buy property at a short sale aren't even safe. Apparently buying the property at a short sale and holding a deed to the property with no mortgage with the bank does not matter. It is just a matter of time before one of these wrongful foreclosures ends up in tragedy as the bank's contractors break into an occupied home.

MSNBC Reports Bank of America Wrongfully Forecloses on House and Bird

cphillips@phillipsgarcia.com (Blog Author)27949 — Tue, 09 Mar 2010 08:00:00 EST

A few weeks ago we first reported that Bank of America is alleged to have wrongfully foreclosed on a home in Pennsylvania and stolen the homeowner's pet bird. MSNBC just ran a story on the lawsuit against BOA that resulted from this wrongful foreclosure. MSNBC reports that BOA padlocked the door on the home of Angela Iannelli of Alleghany County, Pennsylvania even though Ms. Iannelli was current on her mortgage payments. MSNBC also indicated that BOA's contractor damaged furniture in the house and took Ms. Iannelli's pet parrot named Luke. Luke was later returned unharmed.

This latest wrongful foreclosure adds to reported BOA wrongful foreclosures in Florida, Massachusetts, Kentucky and Texas. Our research has revealed wrongful foreclosures reported against BOA and other banks in seven different states.

A consistent theme has developed in these types of cases. It appears that the "property preservation" companies hired by the banks periodically check properties owned by the banks in an effort to determine if the properties are "abandoned." There is no standard for determining if a property is, in fact, abandoned.

We are hearing that all these bank contractors sometimes do is talk to neighbors about the status of the home, look in the windows for activity within the home and then conclude that the home is abandoned. This less than diligent assessment has lead to the bank's contractors breaking into and padlocking homes that are not abandoned and which the bank had no legal right to enter. In some circumstances, the bank's contractors also appear to be breaking into the wrong homes because of an error in paperwork or because of sloppy due diligence.

Homeowners have little or no way of preventing this type of wrongful foreclosure. The only way this practice will stop is if the banks take these lawsuits brought by Phillips & Garcia and other law firms seriously enough to implement policies and practices to prevent wrongful foreclosures. Until that happens, homeowners may need to take their pets to work with them.

Six Injured in Lynn Head-On Collision

cphillips@phillipsgarcia.com (Blog Author)27922 — Tue, 09 Mar 2010 08:00:00 EST

March 9, 2010 - Lynn - Six people, including several small children, were injured on Sunday night in a head-on collision on Holyoke Street. According to reports in The Daily Item of Lynn, Iris Riveria was driving a Hyundai Elantra when she drifted into oncoming traffic and crashed into an Acura driven by Revere resident Samantha Carrabino. The accident occurred at approximately 10:30 p.m.

Police believe Iris Riveria was distracted by her children when she drove into oncoming traffic and collided with Carrabino's vehicle. Carrabino and her passenger, who has not been identified, were treated for personal injuries at Melrose Wakefield Hospital. Riveria was driving with three children in her vehicle, and all four were taken to Massachusetts General Hospital with personal injuries. While this car crash was very serious, police believe that all of the victims are expected to survive.

Iris Riveria is facing several charges stemming from the car accident, including charges related to operating a motor vehicle without a current driver's license and driving negligently. Police continue to investigate and more charges may be forthcoming in the near future.

One Man Dies in Dennisport Car Accident

cphillips@phillipsgarcia.com (Blog Author)27921 — Tue, 09 Mar 2010 08:00:00 EST

March 9, 2010 - Dennisport - One man is dead after a single-vehicle car accident on Saturday night in Dennisport. According to reports in The Cape Cod Times, 23-year-old Michael Desimone was killed when he lost control of his car, which drove down an embankment and crashed into a tree near Depot Street.

The fatal car accident occurred around 11:30 p.m., and severely damaged the vehicle. First responders said Desimone was unable to be revived and was pronounced dead at the scene of the accident. Desimone was the only occupant of the vehicle and no other injuries were reported.

According to local residents, the area where the car crash occurred has been the site of several serious car accidents due to the winding nature of the road. The area has seen a number of vehicle crashes in the past few years, including the 2008 accident that killed 24-year-old Jacob Gibbs. Police are still investigating the crash, and an accident reconstruction team with the Cape Cod Regional Law Enforcement will attempt to determine what caused Desimone to lose control of his vehicle.

Waltham Five-Car Accident Sends Three to Local Hospitals

cphillips@phillipsgarcia.com (Blog Author)27919 — Tue, 09 Mar 2010 08:00:00 EST

March 9, 2010 - Waltham - Five cars were involved in a serious multi-car pileup in Waltham on Saturday. As reported by the Daily News Tribune, 51-year-old Michael Gallant lost control of his Toyota Camry on Route 128. After impacting a guardrail and coming to a stop on the freeway, several vehicles crashed into Gallant's vehicle and each other.

Gallant is already facing several charges stemming from the car accident, including driving with a suspended driver's license. Police have not said if Gallant was under the influence of alcohol during the crash, but they continue to investigate that possibility. Michael Gallant suffered extensive personal injuries, and he is currently in serious condition at Beth Israel Deaconess Hospital.

Two other people were injured in this multi-car accident, including 39-year-old Vicki Pardallis and 52-year-old Cecila Cohen. Both women were driving in separate vehicles, and they were transported to Newton-Wellesley Hospital. Both victims are expected to survive. The other drivers involved were not injured in the crash. Police continue to investigate what caused this serious car accident.

A Brief Overview of the Gramm-Leach-Bliley Act of 1999

cphillips@phillipsgarcia.com (Blog Author)27901 — Mon, 08 Mar 2010 08:00:00 EST

To understand the Gramm-Leach-Bliley Act of 1999, you must first acquaint yourself with the Glass-Steagall Act, which was passed in 1933. The Glass-Seagall Act was passed in response to the Great Depression, and was designed to regulate the banking industry in order to rebuild the economy and to prevent another stock market crash from occurring.

The Glass-Steagall Act called for a separation of banking, insurance, and securities companies and created the Federal Deposit Insurance Corporation (FDIC) to insure consumers' bank deposits.

When the Gramm-Leach-Bliley Act of 1999 was passed, it essentially repealed the Glass-Steagall Act, allowing commercial banks, investment banks, insurance companies, and security firms to consolidate. However, regulations were put in place to protect consumers. For example, the Financial Privacy Rules states that banks must share their privacy policy with customers when they begin their business relationship and subsequently on an annual basis. This policy must include how the customer's information is collected, how it is used, and how it is protected.

The Gramm-Leach-Bliley also established regulations regarding insurance sales disclosures. This means that when you purchase insurance from your bank, the bank must disclose the terms and conditions of your policy. If you are applying for credit, and the bank offers to sell you personal insurance products, they must inform you that the extension of credit is not dependant on your purchase.

Browse our library to learn more about insurance sales disclosure.

Has your bank recently misrepresented their insurance sales disclosure to you? If so, you may have grounds for a class action lawsuit. Speak with the experienced attorneys at Phillips & Garcia P.C. to learn more about insurance sales disclosure and how you can file an insurance class action lawsuit.

Should I Buy Insurance from a Bank or Agent?

cphillips@phillipsgarcia.com (Blog Author)27899 — Mon, 08 Mar 2010 08:00:00 EST

Thanks to the passage of the Gramm-Leach-Bliley Act of 1999, your bank may now be a one-stop shop for your banking, investment, and insurance needs. However, this begs the question "should I buy my insurance from my bank or an agent?"

There are advantages and disadvantages for each option. The advantage to going through an agent to purchase your home, life, and health insurance is that the agent may have more products to offer you. Banks often select a limited number of products that may be of use to their customer.

The advantage of going through an agent rather than a bank could boil down to your relationship with your insurance agent. An insurance agent you've established a good working relationship with may treat you like their No. 1 priority and strive to provide you with the insurance coverage you need. When you experience lifestyle changes, such as buying a new home or having a baby, your insurance agent can help you obtain more coverage.

The advantage to buying insurance coverage through your bank is that they already have your information on file, making paperwork and payments easy. You also save time by having your banking, investment, and insurance needs met in one place.

If you have purchased insurance products through your bank, you should have been given their insurance sales disclosure. If this did not happen, and you experience a financial loss because you were not informed of the terms and conditions of your coverage, you may have a valid claim for a lawsuit.

Browse our library to learn more about insurance sales disclosures.

Speak with the experienced attorneys at Phillips & Garcia P.C. to learn more about insurance sales disclosure and how you may be compensated for your trouble.

What Happens When Your Homeowner's Insurance Coverage Lapses?

cphillips@phillipsgarcia.com (Blog Author)27898 — Mon, 08 Mar 2010 08:00:00 EST

Having a current and valid homeowner's insurance policy on your home is important. If you are still paying a mortgage on that home, you may face serious consequences if your coverage lapses. It is important to maintain your homeowner's insurance coverage in order to protect yourself from financial losses and damages.

If your house is already paid off and your homeowner's insurance policy lapses, you will no longer have coverage for your home and belongings. This means if your home catches on fire or you sustain flood damage, you cannot file a claim.

If there is a mortgage on your home, your homeowner's insurance provider will notify your lender once your policy has lapsed. At this time, your bank may put a forced place insurance policy on your property, which will be charged to you. Unfortunately, this type of insurance policy only protects the bank; you are not covered in the event of damages, flood, or robbery.

By allowing your homeowner's insurance coverage to lapse, you will be placed into a "high-risk" category. This can make it more difficult to find an affordable homeowner's policy. You may also be denied coverage by carriers with preferred rates.

If your homeowner's policy lapses, it is important to obtain new coverage within 30 days to avoid the above consequences.

Browse our library to learn more about homeowner's insurance policy lapses.

If your lender recently placed a forced place insurance policy on your home after a lapse in your homeowner's policy, you should speak with an experienced Massachusetts consumer rights attorney. A class action case may cause the lender to stop their deceptive insurance practices and may allow you to receive compensation for your monetary losses. Contact the Massachusetts class action lawyers at Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

How to Save Money on Your Homeowner's Insurance Policy

cphillips@phillipsgarcia.com (Blog Author)27896 — Mon, 08 Mar 2010 08:00:00 EST

Homeowner's insurance can be pricey, but it is a necessary evil if you are paying a mortgage on your home. By following a few simple tips, you can save money on your homeowner's insurance policy and move closer to never having to miss a payment.

The first thing you should do is increase your deductible. While most insurance experts recommend that you have a $500 deductible, you may save 25% on your premium by raising the deductible to $1,000.

Many insurance companies provide discounts for homeowners who implement additional safety and security features in their home. This includes installing an alarm, deadbolts, or even window locks. In some cases, your premium may be reduced by as much as 20%.

You may want to consider starting a home improvement project, if it is within your budget. By upgrading your home's heating, electrical, and plumbing systems, you can save on your monthly insurance bill.

Take a look at your insurance policy. Is there any coverage that you no longer need? While it is important to have coverage for major possessions, you may be wasting money on excessive coverage. Appliance, electronics, and other possessions may lose their value over time, so you should compare the amount of their actual value with the limits of your policy.

Browse our library to learn more about homeowner's insurance policy lapses.

Avoiding a lapsed homeowner's insurance policy can help you avoid having a forced place insurance policy placed on your home. Premiums for forced place insurance tend to be incredibly expensive in relation to insurance that you can buy locally from an agent. However, if one was placed on your home unfairly by your lender or mortgage company, you should speak with an experienced Massachusetts consumer rights attorney regarding the possibility of filing a class action lawsuit.

A class action case may cause the lender to stop their deceptive insurance practices and may allow you to receive compensation for your trouble. Contact the Massachusetts class action lawsuit lawyers at Phillips & Garcia P.C. today for more information regarding your case -- (877) 892-5620.

Do I Have a Winnable Insurance Class Action Lawsuit?

cphillips@phillipsgarcia.com (Blog Author)27894 — Mon, 08 Mar 2010 08:00:00 EST

An insurance class action lawsuit can be brought against any type of insurer, and is generally due to a company's unethical practices or policies. This might involve the denial or reduction of insurance claims, the retroactive cancellation of an insurance policy, or the miscalculation of your premium or premium rebates.

If you feel that your consumer rights have been violated, you may have a winnable case for an insurance class action lawsuit.

Why must it be a class action lawsuit? Can't I win on my own?

The reason for a class action lawsuit is because it can be difficult to win on your own when going up against a large corporation. Imagine going to court against a company with unlimited financial resources. The legal fees in such a case can be overwhelming for an individual.

A class action lawsuit, on the other hand, allows a group of people to litigate as one united class. And because insurance companies often adopt practices that treat many consumers in the same way, there is a likely chance that others will come forward with a similar complaint.

Browse our library to learn more about insurance class action lawsuits.

The attorneys at Phillips & Garcia will fight for your rights in your insurance class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly or been a victim of cancellation of insurance, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

State Farm Faces Insurance Class Action Lawsuit

cphillips@phillipsgarcia.com (Blog Author)27893 — Mon, 08 Mar 2010 08:00:00 EST

In 2006, a hailstorm pummeled Indianapolis and damaged thousands of insured homes. State Farm received nearly 50,000 claims for property damage, and subsequently paid out more than $250 million. Unfortunately, the payout wasn't enough, and thousands of customers who didn't receive settlements filed an insurance class action lawsuit.

A federal judge in 2009 made way for the lawsuit to be brought to court. The class action included State Farm policy holders who suffered damage from the hailstorm and were denied financial compensation. Eventually, State Farm agreed to review 7,000 closed-without-payment claims, as well as an additional 29,000 claims related to the hailstorm.

If you have been similarly denied insurance claims in the state of Massachusetts, you can contact a Massachusetts class action attorney to fight for your entitled claims.

Browse our library to learn more about insurance class action lawsuits.

The attorneys at Phillips & Garcia will fight for your rights in your insurance class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly or been a victim of cancellation of insurance, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Do I Have a Valid Debt Collection Class Action Claim?

cphillips@phillipsgarcia.com (Blog Author)27892 — Mon, 08 Mar 2010 08:00:00 EST

In times like these, many of us are finding ourselves saddled with insurmountable debts. And we are increasingly seeing these debts skyrocket because of overwhelming interest rates. When we don't make our payments on time, debt collectors can become annoying, or even aggressive. But under federal laws provided by the Fair Debt Collection Practices Act (FDCPA), consumers can sue for acts of abuse by their aggressive credit collectors.

My Credit Collector is Harassing Me

Under the FDCPA, there is a detailed list of illegal debt collection methods. These include the use of abusive or profane language, seeking unjustified amounts, and communication with consumers at their place of employment. A comprehensive list of illegal debt collection methods can be viewed on a number of FDCPA websites. If any of these methods were used against you, you may have a valid debt collection class action claim.

Why Can't I Sue As An Individual?

If you want to file a debt collection lawsuit you can sue as an individual. But as an individual you will bear the responsibility and associated fees if you happen to lose. The advantage of a Massachusetts class action lawsuit is that you will be suing as a larger class, in which an attorney will usually only recover their fees if they are able to win your case.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your illegal debt collection class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been cheated or wronged by a debt collection agency, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

NY Debt Collectors Face Debt Collection Class Action Lawsuit

cphillips@phillipsgarcia.com (Blog Author)27891 — Mon, 08 Mar 2010 08:00:00 EST

In January 2010, a debt collection class action lawsuit was filed against several New York debt collectors who are accused of one of the most notorious illegal debt collection methods known as "sewer service."

Sewer service refers to when a debt collector fails to serve a notice of complaint, and then subsequently applies for a default judgment. In most of these cases the debt collector wins when the debtor doesn't show up in court.

In this particular case, in which complaints were filed against 5 subsidiaries of Leucadia National, servers claimed to be in several places at the same time, and covering impossible distances. Meanwhile, the debtors claim they were never served at all. The New York attorney general's office is seeking to vacate more than 101,000 court judgments across the state that resulted in penalties and liens.

If you have been subjected to similar abuse in the state of Massachusetts, you should consider the possibility of a Massachusetts class action lawsuit. You have every right to fight illegal debt collection methods in a U.S. court of law, and the best way to take on these widespread practices is through a class action lawsuit. This way, you may find strength in numbers, as you join with consumers that have been similarly wronged.

Browse our library to learn more about illegal debt collection methods.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your illegal debt collection class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been cheated or wronged by a debt collection agency, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

New Legislation Offers Options for Victims of Wrongful Bank Foreclosures

agarcia@phillipsgarcia.com (Blog Author)27870 — Mon, 08 Mar 2010 08:00:00 EST

March 8, 2010 - Washington, D.C. - Wrongful bank foreclosures affect more than just homeowners struggling to pay their mortgage. In fact, nearly half of the people affected by wrongful foreclosures are tenants who are suddenly displaced when their landlord forecloses.

The Hill reports that about 40% of people being wrongfully kicked out of their homes are tenants, many of whom have no prior warning of their landlord's financial difficulties. Unfortunately, many tenants do not have a strong support system or the resources to fight back against wrongful foreclosure. These residents may find legal strength when joining together with similarly wronged consumers in a class action lawsuit, as opposed to fighting on their own.

Wrongfully evicted tenants who retain the service of an attorney typically know their rights, and can usually extend their stay in the home. Unfortunately, many tenants are unable to afford an attorney, and about 1 million people each year are turned down when they seek help from civil legal aid agencies funded by the federal government. This happens because the agencies do not have enough funding to help all of the consumers that need assistance, either because of wrongful bank foreclosure or other issues.

The new Civil Access to Justice Act allows injured consumers and residents to take advantage of the Legal Services Corporation, which gives money to nonprofit legal services. In addition, the act repeals a provision of the law that said clients of such services could not participate in class action lawsuits. These changes give consumers more affordable and effective avenues to fight back against wrongful bank foreclosures.

The Massachusetts wrongful bank foreclosure class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Four Injured in Series of Rollover Accidents on I-495

cphillips@phillipsgarcia.com (Blog Author)27854 — Mon, 08 Mar 2010 08:00:00 EST

March 8, 2010 - Foxboro - A number of rollover accidents were reported in Foxboro on Friday afternoon. According to The Sun Chronicle, four rollover accidents occurred within hours of each other on Route I-495.

The first car accident occurred around 12 p.m. when a two-car collision caused an SUV to roll over on I-495. Two women suffered personal injuries in this rollover accident, but their current conditions are unknown. Another rollover accident on I-495 occurred shortly after 3 p.m. In this crash, a passenger vehicle rolled over after crashing into a minivan. The driver of the car, 29-year-old Erin McKnearney, was injured and treated at Rhode Island Hospital. The driver of the van, 57-year-old Armando Silva, was not injured.

Yet another rollover accident occurred shortly before 4 p.m., also on I-495. Police have not said what caused this accident, but an unidentified 17-year-old boy suffered serious personal injuries when his car rolled over on the freeway. The victim was airlifted to UMass Medical Center, where his condition is currently unknown.

A fourth rollover accident occurred around 1:30 p.m. when a semi-truck rolled over on I-95, but no injuries were reported in this crash.

Driver Killed in Northbridge Single-Vehicle Accident

cphillips@phillipsgarcia.com (Blog Author)27853 — Mon, 08 Mar 2010 08:00:00 EST

March 8, 2010 - Northbridge - A Whitinsville resident died Thursday night when his car crashed into a tree. According to reports in the Worcester Telegram & Gazette, 26-year-old Neal Adams was driving a Chevy Lumina on Hill Street when he lost control of the car and drove into a tree on the side of the road.

The single-vehicle car accident occurred shortly before midnight, and Neal Adams was the sole occupant of the Chevy. First responders attempted to stabilize the victim at the scene, but unfortunately his injuries were too severe and he died at the scene of the car accident. The car was badly damaged in the crash.

Police are still investigating what caused Adams to lose control of his car, and their initial findings are expected to become available sometime this week. A reconstruction team from the Massachusetts Law Enforcement Council is assisting the Northbridge Police in determining the cause of the fatal car accident.

Three Children Injured in Centerville Car Accident

cphillips@phillipsgarcia.com (Blog Author)27852 — Mon, 08 Mar 2010 08:00:00 EST

March 8, 2010 - Centerville - Three small children suffered serious personal injuries on Thursday when the car they were riding in crashed head-on into a pickup truck. According to reports in The Cape Cod Times, the unidentified children were not wearing seat belts.

The car accident occurred on Main Street in Centerville. Police have not yet determined who was at fault in the car crash, but an accident reconstruction team will be investigating to determine which vehicle drifted into oncoming traffic. The children are all under the age of 5 and they are listed in serious condition at a local hospital.

Police believe that charges will be filed against the victims' mother, who did not properly restrain the children in car seats or seat belts. The names of the parents have not been released. The driver of the pickup truck has not been identified, but it appears that this driver did not suffer injuries in the head-on collision. The victims' mother was not seriously injured.

Credit Scores Damaged By Banks In Loan Modification Process

cphillips@phillipsgarcia.com (Blog Author)27851 — Mon, 08 Mar 2010 08:00:00 EST

As we hear more and more loan modification stories, we are growing concerned about one of the big issues the Home Affordable Modification Program (HAMP) guidelines failed to address -- how banks report loan modifications to the credit reporting agencies. As we reported, bank servicers are telling borrowers not to make payments during the loan modification process. Borrowers are being told this, presumably, to qualify for a loan modification.

Borrowers are not being told the ramifications of this advice. Are bank servicers informing borrowers about whether they will be reported "delinquent" for the entire time their loan modification request is being processed? Under the HAMP, a borrower does not have to be behind on payments to qualify for a loan modification.

There currently is no specific field on a credit report for reporting on a loan modification. Original loan, amount, terms duration, terms frequency, scheduled monthly payment amount and current balance are typically reported. The problem lies in the reporting of "delinquent payments." How are payments reported before, during and after a loan modification? It seems like there is no standard answer. We also know that late fees before and during the 90 day temporary loan modification period are waived based on the HAMP guidelines. Do those late fees still end up on your credit? What happens if the bank's servicer told you not to make payments during your loan modification request? Does the bank continue to assess late fees and do they show-up on your credit?

There are a lot of unanswered questions about how loan modifications affect credit scores. Until there are some answers to these unanswered questions, borrowers need to vigilantly review their credit reports during and after the loan modification process.

Homeowners Blindsided by Wrongful Bank Foreclosures

cphillips@phillipsgarcia.com (Blog Author)27778 — Fri, 05 Mar 2010 08:00:00 EST

March 5, 2010 - Though some banks claim that they will help struggling homeowners to keep their house and avoid foreclosure, there are banks that go forward with a foreclosure as quickly as possible, destroying the lives of the people they proclaim to help.

Kens5.com reports that an estimated 5.5 million people are behind on their mortgage payments by at least 2 months. Many of these beleaguered homeowners have sought help from their lenders, but only about 116,000 have successfully had their home loans modified in a way that will allow them to save their home.

Those who have had some success in saving their property from wrongful bank foreclosure have had to be persistent and well-organized in their fight, or have retained the services of an experienced wrongful bank foreclosure attorney. These homeowners are vigilant in contacting the bank and reminding the lender of their case. They also keep records of conversations so that bank officials can not backtrack on their promises.

Many homeowners who have contacted their lender may assume they are safe while they create a plan to keep their house. Unfortunately, many banks give them some hope for a resolution, even as they devise plans to foreclose on the home as quickly as possible.

In some instances, a homeowner might find out too late that their home is up for auction. While it's true that lenders do not have to work with homeowners to modify loans, it is only fair that they inform their customers that the bank is not willing to compromise.

Fair consumer practices would suggest that a lender not "lead the homeowner on" and then blindside them with a wrongful bank foreclosure. Our firm is passionate about the fight to protect Massachusetts homeowners from wrongful bank foreclosures. If you have been the victim of this unethical lending practice, contact the Massachusetts class action attorneys at Phillips & Garcia. We will fight for your rights in your wrongful bank foreclosure case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Toyota's Recall Fix: Is It A Failure?

cphillips@phillipsgarcia.com (Blog Author)27745 — Fri, 05 Mar 2010 08:00:00 EST

The Associated Press reported that the government received over 60 complaints from Toyota drivers who say that their cars are still accelerating on them without warning even after the cars have had the fix under the recall.

The National Highway Traffic Safety Administration (the NHTSA) is contacting every complainant to learn more about the reports. The complaints, according to reports, have not been independently verified at this time.

Obviously, these new reports raise legitimate questions about the effectiveness of Toyota's "cure" of the mechanical problems that have caused incidents of sudden acceleration. Of note, the NHTSA has linked 52 deaths allegedly caused by Toyota's sudden acceleration problems.

If you have had your Toyota repaired in response to the recall, but are still experiencing sudden accelerations, the Massachusetts personal injury and class action attorneys at Phillips & Garcia want to hear your story. We are committed to protecting your best interests and helping you collect any damages to which you are rightfully entitled. To share your story with us, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Driver in Near-Fatal Pedestrian Accident in Gloucester Was Texting

cphillips@phillipsgarcia.com (Blog Author)27741 — Fri, 05 Mar 2010 08:00:00 EST

March 5, 2010 - Gloucester - Police have concluded their investigation into a serious pedestrian accident that almost took the life of a Gloucester woman last month. According to reports at WHDH.com, police have determined that the driver who caused the accident, 27-year-old Hillary Mitchell, was texting on her cell phone when she hit the victim, Jerry Favaloro.

Favaloro was crossing the street in a crosswalk when Mitchell hit her with her car, which threw the victim more than 20 feet from the scene of the pedestrian accident. Favaloro suffered serious personal injuries, including trauma to her knees, shoulder, and head. The victim has been seriously disabled since the car accident, and she requires constant help to accomplish everyday tasks like showering or going to the bathroom.

Gloucester police have charged Hillary Mitchell for "impeded operation." While Favaloro's injuries are tragic, it is fortunate that no one was killed in this serious accident. This case should serve as a lesson to other drivers about the dangers of texting or talking on a cell phone while driving.

Drunk Driver Sentenced to Prison for Fatal DUI Crash That Killed Nurse

cphillips@phillipsgarcia.com (Blog Author)27739 — Fri, 05 Mar 2010 08:00:00 EST

March 5, 2010 - Sheffield - A drunk driver who killed a 25-year-old nurse in a car accident last year received his sentence on Thursday. According to reports in The Berkshire Eagle, 36-year-old Norman Pelletier was sentenced to 8 to 10 years in prison for the death of Amanda Parsons.

Parsons was a passenger in a car driven by Norman Pelletier on July 25, 2009. After attracting attention from police due to his erratic driving, Pelletier refused to pull over and led police on a lengthy chase. The chase ended when Pelletier lost control of the Dodge Neon he was driving and crashed it into a tree.

The car crash was so severe that the Dodge caught fire after the collision, killing Amanda Parsons. In addition to being intoxicated at the time of the fatal car crash, Pelletier was also speeding and driving without a valid license.

Pelletier was charged with motor vehicle homicide and driving while intoxicated, and he will serve out his sentence in the Massachusetts prison at Cedar Junction.

13-Year-Old Boy Hit By Car in Salem Crosswalk

cphillips@phillipsgarcia.com (Blog Author)27737 — Fri, 05 Mar 2010 08:00:00 EST

March 5, 2010 - Salem - A teenage boy suffered personal injuries when he was hit by a car while crossing the street in Salem. According to reports in The Salem News, the 13-year-old victim was crossing Margin Street when he was hit by a car driven by 41-year-old Mark Lapointe, a Salem resident.

The pedestrian accident occurred shortly before 8 a.m. on Monday. One car had already stopped for the boy, but Lapointe apparently did not see the boy or the car stopped in front of the crosswalk. The name of the victim has not been released. He was treated for personal injuries at North Shore Children's Hospital, where his condition is currently unknown. There were no other injuries reported in this crash.

The driver in this pedestrian accident, Mark Lapointe, was cited for failing to yield to a pedestrian. It's unclear if any additional charges will be filed. This report will be updated if any additional information becomes available on the unidentified victim's condition.

Swansea Resident Dies of Her Injuries After Rhode Island Crash

cphillips@phillipsgarcia.com (Blog Author)27735 — Fri, 05 Mar 2010 08:00:00 EST

March 5, 2010 - North Smithfield - A Swansea woman who was seriously injured in a single-vehicle car crash in North Smithfield, Rhode Island, has died of her injuries. According to reports in The Providence Journal, 23-year-old Katie Fleet passed away due to injuries she sustained in a car accident last Thursday.

Fleet was driving on Route 146 when she lost control of her SUV during a rain storm and plunged down an embankment on the side of the freeway. The SUV hit several trees before coming to a stop. Two passing motorists, including 26-year-old Casondra King and her husband, Jamie Kozusko, called 911 and attempted to keep Fleet conscious until first responders arrived.

Katie Fleet later died at a Rhode Island Hospital of unspecified personal injuries. She was a graduate student at Worcester State College, and The Providence Journal reports that she loved dance and her work as a speech pathologist. Funeral arrangements were held on Wednesday. Melissa Fleet, the victim's aunt, said she was grateful that Casondra King and her husband stopped to help her niece.

More Information Released on I-495 Truck Accident Victims

cphillips@phillipsgarcia.com (Blog Author)27688 — Thu, 04 Mar 2010 08:00:00 EST

March 4, 2010 - Andover - A truck accident Tuesday afternoon in Andover injured three people, more than was initially suspected in the first few reports on the crash. According to reports in The Sun Chronicle, the multi-vehicle accident was caused by a 17-year-old driver who lost control of his car and crashed into a guardrail. The car was then hit by a semi-truck, which rolled over after the collision.

The 17-year-old driver's name has not been released, but he suffered serious personal injuries in the crash. He was treated first at Lawrence General Hospital before being airlifted to Beth Israel Hospital. His passenger, 47-year-old Larry Armstrong, was also injured in the truck crash, and is receiving treatment at Lawrence General Hospital. The driver of the truck, 33-year-old Varry Ramos, was airlifted to Beth Israel Hospital with potentially life-threatening injuries. The conditions of the three victims are currently unknown.

The truck accident occurred shortly after 3 p.m. on I-495 South near I-93. Since it occurred during rush hour, the truck rollover accident caused a severe traffic backup when nearly all lanes of I-495 were closed for several hours.

Charlestown Rollover Accident Kills One

cphillips@phillipsgarcia.com (Blog Author)27687 — Thu, 04 Mar 2010 08:00:00 EST

March 4, 2010 - Charlestown - A major rollover accident in Charlestown killed at least one person, according to reports in The Boston Herald. The car accident occurred shortly after 4 p.m. on Tuesday afternoon. Initial reports from the scene indicate that only one car, a minivan, was involved in a rollover, although police have not yet determined what caused the crash.

One person was killed in the rollover accident, although their identity has not yet been released. Another person suffered serious personal injuries. Both victims were taken to Massachusetts General Hospital after the single vehicle crash, which occurred on Alford Street (also known as Route 99). The condition of the injured victim is currently unknown. First responders were forced to use the "jaws of life" to extricate the driver from the minivan, as it suffered serious front-end damage during the rollover.

Police will continue to investigate to determine the cause of the rollover crash.

Two Children Injured in Massachusetts Turnpike Truck Accident

cphillips@phillipsgarcia.com (Blog Author)27686 — Thu, 04 Mar 2010 08:00:00 EST

March 4, 2010 - Framingham - An accident involving a SUV and a semi-truck injured two young children in Framingham on Wednesday morning. According to reports in the MetroWest Daily News, the crash occurred on the Massachusetts Turnpike shortly after exit 12.

Initial reports indicate that 31-year-old Jenny Rodriguez was driving a Toyota RAV4 on the Turnpike when she allegedly cut off the semi-truck, which then caused the truck to crash into her SUV. Rodriguez, who was driving with a suspended license, had two children in her vehicle, and both children suffered personal injuries in the truck accident. The victims were transported to MetroWest Medical Center, where their conditions are currently unknown.

The truck driver's identity has not been released by police, but it does not appear that he or Jenny Rodriguez were injured in the truck accident. Police have filed a host of charges against Rodriguez, including speeding and driving to endanger. She is also facing charges of marked lane violation and driving without a current driver's license. It is unclear if any additional charges will be filed in this serious accident.

Taxi Driver Hits Pedestrian in Salem

cphillips@phillipsgarcia.com (Blog Author)27685 — Thu, 04 Mar 2010 08:00:00 EST

March 4, 2010 - Salem - A taxi driver is facing numerous charges after he hit a woman in a crosswalk on Sunday. According to reports in the Salem News, 26-year-old Christian Nunez was driving his taxi on Palmer Street in Salem when he ran a stop sign and struck the unidentified victim, who was walking with a two-year-old child in a stroller.

Police have not released the identity of the victim. She suffered personal injuries to her left leg, but she refused to be taken to the hospital or to be treated by first responders. The two-year-old child was not injured. The victim told police that Christian Nunez was talking on his cell phone directly before hitting her in the crosswalk. She asked the driver to stop and wait for police to arrive, but he left the scene of the accident.

Nunez has been charged with a host of complaints, including running a stop sign, failure to yield for a pedestrian, and fleeing the scene of an accident. His court date has not yet been set.

Credit Damaged By Bank During Loan Modification Process

cphillips@phillipsgarcia.com (Blog Author)27682 — Thu, 04 Mar 2010 08:00:00 EST

We are hearing all kinds of complaints from borrowers about the banks' implementation of the loan modification process set-up by the Obama Administration. We recently discussed the potential benefit to borrowers of two federal court class actions filed in Boston which allege that Bank of America and Wells Fargo failed to make temporary loan modifications permanent. These cases will offer a welcomed and needed look "under the hood" of how banks have been processing loan modification agreements.

Another troubling aspect to the loan modification process is the affect the process has on a borrower's credit. We have reported here that borrowers are being told by banks not to make payments while a loan modification request is pending. But what happens to their credit during that process?

From what I am reading, it would appear fair that if a borrow is delinquent on their payments when a loan modification request is made, the bank can continue to report that delinquency to the credit bureaus. When the loan modification is approved, it would also appear fair that the bank would report the loan "paid as agreed" as long as the borrower pays the loan modification timely.

What happens when the bank tells the borrower not to make payments during the loan modification process? What is the bank reporting in that circumstance? Is the bank, who advised the borrower not to make payments on the loan, escalating its negative reporting during the loan modification process? From what we have seen, it appears as though the banks are escalating negative reporting to the credit bureaus even when they have told a borrower to stop making payments. This is a fundamentally unfair practice that can cause increased damage to a borrower's credit.

Are banks timely reporting that a borrower is "paid as agreed" after making timely payments under a loan modification agreement? Again, we are seeing that the banks are continuing to report payments as being late or delinquent even after loan modification agreements are in place. Borrowers who enter into loan modification agreements need to request a copy of their credit reports during and after the loan modification process.

Massachusetts Insurance Claim Denials and Jenny's Law

cphillips@phillipsgarcia.com (Blog Author)27679 — Thu, 04 Mar 2010 08:00:00 EST

Shortly after the birth of their daughter in the summer of 2004, John and Jenny Crowley took out life insurance policies with the Savings Bank Life Insurance Company of Massachusetts.

Sadly, just 1 year later, Jenny Crowley, 31, died of a particularly aggressive type of breast cancer in Oct. 2005. When John made a claim on his late wife's policy, the money was denied. The insurer's reasoning for the insurance claim denials was that even though doctors had attested to Jenny good health, she must have been sick before they agreed to insure her.

After this initial illegal claim denial, John Crowley became involved in 2 long legal battles. With the first lawsuit, Crowley fought to claim the money he deserved for his late wife's life insurance policy. With the second lawsuit, John Crowley sought to pass a Massachusetts law that stipulates that insurers must prove that a person misrepresented their health conditions during an application in order to deny a claim.

In both cases, Crowley won. Not only did he get the insurance claim denials overturned, but a new law was named after his late wife. Under Jenny's Law-named for the late Jenny Crowley-it's illegal to deny a claim in Massachusetts, unless an insurer can prove that a patient's illness existed at the time of application.

Browse our library to learn more about insurance claim denials.

The attorneys at Phillips & Garcia will fight for your rights in your health insurance class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly or been a victim of cancellation of insurance, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

There Are Ways to Fight Back After Receiving Insurance Claim Denials

cphillips@phillipsgarcia.com (Blog Author)27678 — Thu, 04 Mar 2010 08:00:00 EST

If you have recently filed a legitimate claim with your insurance company, and have been denied compensation, you probably feel like you've been deceived or cheated with little chance of recourse. All those premiums which you paid on time may seem like part of some elaborate scam to take your hard-earned money and leave you in the lurch.

You don't have to accept insurance claim denials without putting up a fight. Insurance claim denials are not the end of the road, especially when you have been wrongfully denied the money you deserve.

If you feel you have been victimized by insurance claim denials, you should write a letter of appeal. You'll want to include all relevant documents, and any professional testimonies that can help support your claim. This may include doctor's reports and any relevant medical records that support your claim and help to resolve any timeline disputes about when your condition initiated.

If your insurance claim denials are not overturned after your appeal, and you still feel you've been wronged, you may want to contact an attorney and consider an insurance class action lawsuit. If there are other individuals with the same insurer who have been victims of insurance claim denials, you may have cause for filing a class action case.

Browse our library to learn more about insurance claim denials.

The attorneys at Phillips & Garcia will fight for your rights in your health insurance class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly or been a victim of cancellation of insurance, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

My Creditor is Using Illegal Debt Collection Methods

cphillips@phillipsgarcia.com (Blog Author)27677 — Thu, 04 Mar 2010 08:00:00 EST

Is your creditor or debt collector using illegal debt collection methods to recover the money you owe? If you have been subjected to any of the violations below, the answer is probably yes:

You have been contacted by telephone about your outstanding debts before 8 a.m. or after 9 p.m.
You have written a letter asking your creditor to stop contacting you, yet their phone calls and/or letters persist
You have been contacted by your creditor at your place of employment, even after your employer has asked them to cease communication
Your creditor has used profane or abusive language, or has alluded to make your life difficult if you don't pay
Your creditor is seeking unjustified amounts, which are not applicable under your contract
You are being contacted about debts that don't even apply to you
Your creditor has threatened arrest or legal action which they do not intend to take
Your creditor has made your debts public in any way, or has discussed them with an unrelated 3^rd party

If you have been subjected to any of these debt collection methods, you may have a case for litigation. A Massachusetts class action attorney can investigate the legitimacy of your case, and determine if other credit consumers have been subject to the same illegal debt collection policies.

Browse our library to learn more about illegal debt collection methods.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your debt collection class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been the victim of illegal debt collection practices, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Should I File a Debt Collection Class Action Lawsuit?

cphillips@phillipsgarcia.com (Blog Author)27676 — Thu, 04 Mar 2010 08:00:00 EST

In order to protect consumers against aggressive and abusive debt collectors, there are rules in place which classify certain practices as illegal debt collection methods. These rules are listed and clearly defined in The Fair Debt Collection Practices Act (FDCPA).

Some of the rules highlighted in the FDCPA include banning creditors from using abusive or profane language, making threats of litigation, or contacting consumers at their place of employment after the employer has asked them to stop.

If you recognize any of these tactics, or you suspect that your creditor's similarly harassing methods are in violation of the FDCPA, know that you don't have to sit there and take it, simply because you owe someone money. Just because you are behind on payments doesn't mean you deserve to be verbally abused or harassed at your home or workplace.

If this has happened to you, you may consider filing a debt collection class action lawsuit. In this type of lawsuit you can fight side-by-side with people who have similar complaints about the same company or creditor.

One distinct advantage to a class action lawsuit is that a group of consumers who have been treated illegally will receive a much greater deal of attention than if you were to attempt "going it alone." In most cases, you won't incur any legal fees unless your Massachusetts class action attorney wins your case. Talk to your attorney about his or her payment structure.

Browse our library to learn more about illegal debt collection methods.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your debt collection class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been the victim of illegal debt collection practices, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Phillips & Garcia Tracking National Chatter on Wrongful Foreclosures and Seizures

cphillips@phillipsgarcia.com (Blog Author)27649 — Wed, 03 Mar 2010 08:00:00 EST

At last count, we had learned about wrongful foreclosures and seizures taking place in seven different states -- Massachusetts, Florida, Louisiana, Texas, Kentucky, Michigan and Oregon. We know of two incidents in Massachusetts and at least three in Florida.

There are some common factual themes that are developing. In many cases, the owner has been away from the home or condo for several days when the bank sends one of its "property preservation" specialists to check on the property to see if it is abandoned. If it looks like the property is abandoned, the bank breaks in, changes the locks and winterizes the home. There appears to be little concern about such legal technicalities as breaking and entering and trespass.

Banks have broken into homeowner's homes and condos when there is no loan, the house was recently sold to the new owner in a cash short sale, when the borrower was up to date on their mortgage and when the borrower was up to date on a valid loan modification agreement.

Another common factual theme we are seeing involves the bank's failure to have adequate internal communications between departments to stop the foreclosure freight train once it leaves the station. The banks also lack adequate external communications to timely and properly notify their foreclosure attorneys and "trash out" teams that the bank has made a mistake.

Until we see some drastic changes in the communication systems used at banks, wrongful foreclosures and home seizures will continue. With 7.3 million Americans behind on their mortgage payments, there appears to be no end in site to wrongful bank foreclosures. The states with the biggest potential problems with wrongful foreclosures will, in all likelihood, be the states with the most delinquent loans. Those states are reported to be Florida, Nevada, Arizona, Georgia, Mississippi, California, Indiana, Michigan, Illinois and Ohio.

Toyota Offers Additional Services to Owners Affected by Recall

agarcia@phillipsgarcia.com (Blog Author)27640 — Wed, 03 Mar 2010 08:00:00 EST

We are hearing from some Toyota consumers that they are having trouble getting their local dealers to pick up their vehicles (which they are rightfully concerned about driving out of fear of a sudden acceleration incident) for recall repairs. At least one consumer reports that Toyota won't authorize a loaner vehicle while his Avalon is in the shop for an extended period of time.

In late February, Toyota Corporation announced on its own website that it extended on a nationwide basis a variety of additional services for customers who are affected by the recalls. Toyota announced these services in cooperation with Attorneys General all across the country.

Toyota offered the following additional services to customers concerned about driving their vehicle before the repair is completed. The services, though, will be tailored to the owner’s individual circumstances and they may include:

• Expediting scheduling of the repair.

• Pick up and return of the vehicle by a dealership representative.

• Driving the customer to the dealership or to his or her place of work.

• Where necessary, providing other alternate transportation for the customer, such as a rental car, loaner vehicle, or taxi reimbursement for the reasonable period that the customer is unable or unwilling to use his or her car.

If you are having troubles getting these additional services from your Toyota dealer, or your car has suddenly accelerated on you, the Massachusetts personal injury and class action attorneys at Phillips & Garcia want to hear your story. We are committed to protecting your best interests and helping you collect any damages to which you are rightfully entitled. To share your story with us, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Pedestrian Struck by Elderly Driver in Gloucester

cphillips@phillipsgarcia.com (Blog Author)27614 — Wed, 03 Mar 2010 08:00:00 EST

March 3, 2010 - Gloucester - A 47-year-old man suffered personal injuries on Saturday when he was hit by a car while walking on Norman Avenue in Gloucester. According to the Cape Ann Beacon, Mike Blair was walking single-file on the road with his girlfriend, Carolyn Nazzaro, when he was hit by a dark car. Fortunately, Nazzaro was not hit or injured in the car accident.

The driver who caused the pedestrian accident fled the scene, leaving Blair on the side of the road with a broken arm. Several days later, a woman called Blair and said that she was the driver in the hit-and-run accident. The driver, who has not been identified by police, is elderly and says that she thought she hit an animal.

Woman Injured in Notoriously Dangerous Sunderland Intersection

cphillips@phillipsgarcia.com (Blog Author)27613 — Wed, 03 Mar 2010 08:00:00 EST

March 3, 2010 - Sunderland - A 23-year-old Sunderland resident suffered serious personal injuries on Friday night in a pedestrian accident on Route 116. According to reports at MassLive.com, Casey Patterson was crossing the street in a crosswalk near Squire Village Plaza when she was hit by a car. The pedestrian accident occurred shortly after 6 p.m.

The driver of the car has been identified as 68-year-old Phillip Rocash. Patterson is receiving treatment at Baystate Medical Center for numerous injuries, including several broken bones and trauma to her face and head. This specific intersection in Sunderland has seen a number of pedestrian accidents over the years, including the case of 25-year-old Jessica Hayes, who was killed in that same intersection back in 2004.

I-495 Rollover Accident Kills One, Injures Another

cphillips@phillipsgarcia.com (Blog Author)27612 — Wed, 03 Mar 2010 08:00:00 EST

March 3, 2010 - Berlin, MA - A rollover accident on I-495 in Berlin claimed the life of one man and injured another. As reported by the MetroWest Daily News, the car accident occurred shortly after 9 a.m. on Tuesday. The victims were driving on I-495 when the driver lost control of the vehicle, which crashed and rolled over on the freeway.

The driver of the vehicle suffered serious personal injuries, but his condition at UMass Medical Center is currently unknown. A passenger was ejected from the car when it rolled over and was prounced dead at the scene of the rollover crash.

Police have yet to release the identities of the victims of this tragic accident.

One Injured in Andover Truck Accident

cphillips@phillipsgarcia.com (Blog Author)27611 — Wed, 03 Mar 2010 08:00:00 EST

March 3, 2010 - Andover - A serious truck accident on I-495 in Andover has injured at least one person. According to reports in The Boston Globe, the truck accident occurred on Tuesday afternoon during rush hour.

Preliminary reports indicate that a semi-truck was traveling southbound on I-495 when the truck rolled over and crashed into a car. Police are still investigating the truck crash, and they have not yet determined what caused the truck to rollover. At least one person was injured in the accident, and this victim was airlifted to a local hospital for treatment.

Police have not yet released any information about the identities of the truck driver or car occupant(s).

Route 190 Rollover Accident Kills One

cphillips@phillipsgarcia.com (Blog Author)27553 — Tue, 02 Mar 2010 08:00:00 EST

March 1, 2010 - Worcester - A Clinton resident is dead after a tragic single-vehicle accident on Route 190 in Worcester. According to reports at TheBostonChannel.com, 61-year-old Carl Runberg was killed after he lost control of his car, which then crashed into a guardrail and rolled over. The fatal car accident occurred shortly after midnight on Monday.

Runberg was treated at UMass Hospital, but his injuries were too severe. Police believe that speed may be a factor in this tragic car accident, and they note that Runberg was not wearing a seatbelt at the time of the crash. Route 190 was closed for several hours while police investigated this single-vehicle accident.

Norwood Car Accident Kills Local High School Student

cphillips@phillipsgarcia.com (Blog Author)27552 — Tue, 02 Mar 2010 08:00:00 EST

March 1, 2010 - Norwood - A 17-year-old student at Westwood High School died early Monday from injuries he sustained in a single-vehicle car accident. According to The Boston Globe, Paul Hanley was driving on Winter Street when his car crashed. No other vehicles were involved, but two other high school students in Hanley's car sustained personal injuries in the accident. Both of these teenagers are expected to survive.

The single vehicle car accident occurred shortly after midnight on Monday. Police have yet to determine what caused the accident, but they continue to investigate. Paul Hanley was a senior in high school, and he had recently been accepted to two colleges in New England. Administrators at Westwood High School have made counselors available to talk with students who knew Hanley.

Popular High School Coach Killed in West Greenwich Crash

cphillips@phillipsgarcia.com (Blog Author)27549 — Tue, 02 Mar 2010 08:00:00 EST

March 1, 2010 - West Greenwich - A popular coach at Exeter-West Greenwich High School was killed in a car accident last week. According to reports in The Providence Journal, 55-year-old Michael Messier died when he lost control of his vehicle and crashed into a tree. The fatal car accident occurred on Thursday night.

Police believe Messier was killed instantly in this tragic crash, and he was pronounced dead at the scene. Messier was driving after dark on Mishnock Hill Road, a part of town that does not have streetlights for illumination. It was also raining at the time of the car accident. Messier coached both football and softball at Exeter-West Greenwich High School.

What are the Contributing Factors to Receiving a Fair Settlement in a Personal Injury Case?

cphillips@phillipsgarcia.com (Blog Author)27525 — Mon, 01 Mar 2010 08:00:00 EST

When seeking a fair settlement in a personal injury case there are a few factors that should be considered by both you and your Massachusetts personal injury attorney. Taking these factors into account will help make sure you get the compensation you deserve.

Factors in a Fair Settlement

In determining whether you are receiving a fair settlement, your Massachusetts personal injury attorney will look at the following factors that determine the impact your accident is having on your life:

Current lost income and future lost wages;
Current medical costs and future medical costs based on extremity of injury; and
Emotional injury or trauma based on your loss or the loss of a family member

Your attorney can negotiate with the insurance company on your behalf, highlighting what you have lost and what you are owed in compensation. Hiring the right Massachusetts personal injury attorney is key to getting the fair settlement you deserve.

To learn more about filing personal injury claims in Massachusetts, read How Do I Know If I Have Been Offered a Fair Settlement?

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Consulting a Personal Injury Attorney When Settling With an Insurance Company

cphillips@phillipsgarcia.com (Blog Author)27524 — Mon, 01 Mar 2010 08:00:00 EST

If you have been injured in Massachusetts and are settling a case with an insurance company in regards to your personal injury claim, you should consult with a Massachusetts personal injury attorney before signing any paperwork. Failing to meet with a personal injury lawyer can result in you accidentally signing away your rights to a fair settlement.

An experienced Massachusetts personal injury attorney can make sure that you are getting what you deserve from both your insurance company and the defendant's insurance company by determining how the negligence that caused your injury is truly impacting your life.

Your Massachusetts personal injury attorney should work with you to calculate a fair settlement based on your:

current medical bills,
related medical supplies,
lost wages,
future treatments necessary for your condition, and
other related expenses such as transportation, physical therapy, and so on

To learn more about filing personal injury claims in Massachusetts, read How Do I Know If I Have Been Offered a Fair Settlement?

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interest and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Personal Injury Claim Procedures for Uninsured Motorists in Massachusetts

cphillips@phillipsgarcia.com (Blog Author)27523 — Mon, 01 Mar 2010 08:00:00 EST

The Massachusetts Auto Insurance Policy sets forth slightly different proceedings for Massachusetts uninsured motorists in a personal injury claim resulting from auto accidents.

In Massachusetts, instead of going to a court, uninsured/ underinsured parties in personal injury claims participate in an arbitration proceeding. Arbitration accomplishes the same thing as a regular trial in a court of law. A hearing is held in front of an arbitrator, who oftentimes is in fact a judge hired for these special proceedings.

The parties must agree on the arbitrator, and if an agreement cannot be reached, an arbitrator will be appointed. Both sides will present their side of the case and the arbitrator resolves the dispute between the two parties, either awarding the plaintiff the damages sought, dismissing the case for invalidity, or finding for the defendant that there was no fault. There is no jury involved in arbitration.

The benefits of arbitration include:

reduced costs,
speedy decisions (usually only a few days rather than months or years), and
less stringent procedures than a court trial

Before going into an arbitration proceeding, your Massachusetts personal injury attorney will go over the specific procedures and details involved, and may even give you an opportunity to practice your statements so that you will be extremely comfortable throughout the entire process.

For more information on Massachusetts personal injury lawsuits, please visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Client Confidentiality and Massachusetts Personal Injury Lawsuits

cphillips@phillipsgarcia.com (Blog Author)27522 — Mon, 01 Mar 2010 08:00:00 EST

Talking about the experience that led to your Massachusetts personal injury claim can be particularly emotional. Your Massachusetts personal injury lawyer should assure you during this process, but you will need to do your part by being completely honest with your attorney and providing them with all the information necessary to defend your personal injury claim.

Some people may be understandably apprehensive to divulge so much private information to a stranger. You may find comfort in knowing that by law your lawyer must keep any information you give them completely confidential. There are some exceptions to this rule, which your attorney will gladly explain if you have questions.

Some examples of information not protected by lawyer confidentiality in a Massachusetts personal injury lawsuit:

a client tells their attorney they are planning to harm someone in the future; or
a client informs their attorney they plan to commit fraud.

The other exception to the confidentiality law is when you authorize your Massachusetts personal injury attorney to divulge information that is necessary in order for them to adequately represent you. However, these exceptions rarely come up. The general rule is that any information you and your attorney discuss is kept private, so it is important that you tell them everything honestly and openly.

For more information on Massachusetts personal injury lawsuits, please visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Tort Claims Act and Your Personal Injury Claim

cphillips@phillipsgarcia.com (Blog Author)27517 — Mon, 01 Mar 2010 08:00:00 EST

If you have been injured in an accident that involved a Massachusetts government entity in any way, the Federal Tort Claims Act (FTCA) will impact your ability to successfully pursue a personal injury claim. The FTCA protects the government from specific types of lawsuits, but it doesn't entirely prevent you from being able to seek a claim against the government in the event of an accident that resulted in injury.

Additionally, it's crucial to know that each division of the government-including state, county, city and agencies of the government-may have its own Tort Claims Act, which will impact your ability to file a lawsuit against that specific entity. Your Massachusetts personal injury attorney can give you more details as they relate to your unique case and locality.

One of the most important aspects of Tort Claims Acts is the time given to you to file notice of claim after your injury has occurred.

The specific Tort Claims Act in the applicable municipality will likely require you to file notice of a claim to the government entity between 30 to 180 days from the time the injury occurred. This differs from the standard 3 years given to accident victims to file notice of claim, as outlined by the Massachusetts statute of limitations.

If your accident involved several different government entities-for instance, you were injured by a city-owned vehicle in a county-owned park-you may have to submit to several sets of tort requirements. Your personal injury attorney can help you with the intricacies of a case involving one or more Massachusetts government entities.

These tight deadlines mean that it is critical to file a notice of claim as quickly as possible, even if you have not yet determined fault in your Massachusetts accident. This will alert the government entity to your accident and injuries while giving them the required time to address your claim.

Learn more about filing a personal injury claim against a Massachusetts government entity by visiting our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Negligence in a Massachusetts Personal Injury Accident

cphillips@phillipsgarcia.com (Blog Author)27514 — Mon, 01 Mar 2010 08:00:00 EST

Accidents are an unfortunate, but sometimes unavoidable part of life. Massachusetts negligence law requires that people conduct themselves in a certain manner to prevent as many accidents as possible. When these guidelines are not met and you are injured by the negligent acts of another person, the law requires this person to compensate you for your injuries.

If you have been injured in an accident involving an employee of a Massachusetts government entity, or the injury occurred because of an oversight by a government agency, you and your Massachusetts personal injury attorney will work together to prove negligence on behalf of that government entity.

There are 5 components of negligence which are listed below:

Duty of care owed by the defendant to the plaintiff
Breach of that duty
Connection between the defendant's behavior and the outcome of the harm
Whether the harm was foreseeable
Damages resulting from the defendant's behavior

Establishing and proving negligence when filing a claim against a Massachusetts government entity is essential for recovering any monetary damages. Working with an experienced Massachusetts personal injury attorney can help you determine if you have a claim and ensure that all the required paperwork and timelines dealing with claims against the government are met.

Learn more about filing a personal injury claim against a Massachusetts government entity by visiting our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Credit Card Privacy Notices & Your Personal Financial Information

cphillips@phillipsgarcia.com (Blog Author)27513 — Mon, 01 Mar 2010 08:00:00 EST

Your personal financial information is protected by federal law. The Financial Modernization Act of 1999, or the Gramm-Leach-Bliley Act, was enacted in part to help you understand how financial companies-including your credit card company-use your personal financial information. The portion of the Act that covers your personal financial information is the Financial Privacy Rule.

Your Personal Financial Information and Privacy Notices

Every year, your credit card company is required to send you a notice revealing how the company is sharing your information. This notice may also include information about how you can "opt-out," or limit, the ways that your personal financial information is shared. The government has issued a suggested standardized form for your credit card company to use that could make understanding this information easier.

Sharing Your Personal Financial Information

Credit card companies share personal financial information with two types of organizations:

Affiliates
Non-Affiliates

Affiliates are companies that "belong" to the same corporation. For example, an affiliate could be a subsidiary of a parent company. Therefore, if you had Disney credit card, Disney might be able to share your personal financial information with the ABC Television Network unless Disney offered opting out in its privacy notices.

Non-affiliates are companies that don't belong to the same corporation. Your credit card company may be able to share information if, for example, your credit card company is offering a product jointly with another company.

Learn more about Massachusetts Credit Card Privacy Laws by visiting our library.

If you think that your credit card company has provided your personal financial information in violation of privacy laws, the expert Massachusetts class action attorneys at Phillips & Garcia will fight for your consumer rights in court. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Massachusetts Credit Card Privacy & Privacy Notices

cphillips@phillipsgarcia.com (Blog Author)27510 — Mon, 01 Mar 2010 08:00:00 EST

In late 2009, the government released a model privacy form for financial institutions, including credit card companies, to use.

Federal agencies involved in creating the new model privacy notices include:

Commodity Futures Trading Commission
Federal Deposit Insurance Corporation
The Board of Governors of the Federal Reserve System
Federal Trade Commission
National Credit Union Administration
Office of Thrift Supervision
Securities and Exchange Commission

When these agencies created the new model forms, they used marketing research, input from the public and testing to develop the privacy notices to protect consumers and their data.

Purposes of New Privacy Notices

These privacy notices are designed to help credit card companies and other financial institutions to comply with the Gramm-Leach-Bliley Act, which requires financial institutions to notify consumers about how the companies handle individual personal financial information.

The new privacy notices also help consumers and are designed to be easy to read. In addition, the privacy notices will aid consumers in comparing different companies' privacy policies.

Types of Privacy Notices

Privacy notices will come in two forms - forms with an opt-out and forms without an opt-out. An opt-out provides a consumer the ability to restrict a credit card company from sharing personal financial information.

While these new model privacy notices are not mandatory, the forms were designed to protect credit card companies and other financial institutions as well as consumers.

Learn more about Massachusetts Credit Card Privacy Laws by visiting our library.

Despite the government's best efforts to make sure that you get the appropriate information regarding how your personal financial information is handled by your credit card company, the company that you use may violate privacy laws. If you think that this is the case, the expert Massachusetts class action attorneys at Phillips & Garcia will fight for your rights. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Weather a Factor in Yarmouth Police Cruiser Accident

cphillips@phillipsgarcia.com (Blog Author)27484 — Mon, 01 Mar 2010 08:00:00 EST

February 29, 2010 - Yarmouth - Investigators have concluded that the car crash that injured Yarmouth Police Officer Melissa Alden occurred because of the stormy weather that swept the area last week. According to reports in The Cape Cod Times, Alden was injured last Thursday night when she lost control of her police cruiser on West Yarmouth Road.

The police cruiser drove off the roadway and crashed into an embankment on the side of the road. Officer Alden suffered personal injuries that were not life threatening. She was treated at Cape Cod Hospital. Investigators believe Officer Alden lost control of her cruiser because of rain and heavy winds.

Car Accident Liability Issues

In such cases, it is always in the victims' best interest to contact an experienced SouthCoast, Massachusetts personal injury lawyer, who can analyze all aspects of the incident, identify the negligent parties and hold them accountable. If a product defect or mechanical malfunction is suspected, it is always a good idea to preserve the crashed vehicle, unaltered so it can be examined by an expert carefully for product defects, mechanical malfunction and other evidence.

Woman Suffers Serious Injuries in Framingham Hit-And-Run

cphillips@phillipsgarcia.com (Blog Author)27482 — Mon, 01 Mar 2010 08:00:00 EST

February 29, 2010 - Framingham - A local woman suffered serious personal injuries on Friday when she was hit by a car on Everitt Avenue, according to reports in the MetroWest Daily News. The pedestrian victim, who has yet to be identified by police, was on the side of the road, talking to a driver in another car, when a van struck her and tore off the stationary vehicle's door. After hitting the victim, the driver of the van fled the scene.

The victim suffered leg and back injuries, and she was taken to a local hospital, where she's expected to survive. The driver of the stationary vehicle was not injured. Police are looking for a white or tan van that was driving on Everitt Avenue shortly after 1 a.m. If you have any information, you're asked to call Framingham Police at 508-872-1212.

We understand that the Framingham Police Department's Accident Division is looking into the pedestrian accident.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a pedestrian accident, a SouthCoast, Massachusetts personal injury lawyer can help you seek fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the accident to determine who was responsible and who should be held accountable. You may be able to receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Two-Car Accident in Plymouth Injures Two

cphillips@phillipsgarcia.com (Blog Author)27365 — Fri, 26 Feb 2010 08:00:00 EST

February 26, 2010 - Plymouth - Two people were injured Sunday night in a car crash on Bourne Road in Plymouth. According to WickedLocal.com, two vehicles collided head-on when the driver of a pickup truck, 46-year-old David Silvio, crossed the center line and crashed into an oncoming car.

Silvio and the other driver, 24-year-old Noelle Doonan, suffered personal injuries in the car accident. David Silvio was treated at Brigham and Women's Hospital for head injuries he sustained when he was ejected from his truck. Noelle Doonan is receiving treatment at Jordan Hospital for non-life-threatening injuries. Police have not said what caused the car accident.

We understand that the Plymouth Police Department's Accident Division is looking into the car accident. However, even while the police are investigating Sunday's crash, we suggest that those injured consider consulting a SouthCoast, Massachusetts personal injury lawyer.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a car accident, a SouthCoast, Massachusetts personal injury lawyer can ensure that you receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You can receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Fallen Object From Boston Bridge Lands On Car

cphillips@phillipsgarcia.com (Blog Author)27364 — Fri, 26 Feb 2010 08:00:00 EST

February 26, 2010 - Boston - A Franklin resident was lucky to escape serious injury in an accident that could have had fatal consequences. According to TheBostonChannel.com, Bernie Roskott was driving on Neponset Street shortly after 2 a.m. on Thursday when his SUV was hit by an object that fell from a bridge.

The object landed on the hood of Roskott's SUV. Police are not sure if the object fell from the bridge, as it was not immediately apparent that the bridge was missing any pieces. The other possible explanation is that the object was thrown from the bridge, but police had no evidence that this was the case.

We understand that the Boston Police Department's Accident Division is looking into this accident. However, even while the police are investigating Thursday's incident, we suggest that those injured consider consulting a SouthCoast, Massachusetts personal injury lawyer.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a car accident, a SouthCoast, Massachusetts personal injury lawyer can ensure that you receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You can receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

I-93 Accident Victim is Improving at Lahey Clinic

cphillips@phillipsgarcia.com (Blog Author)27363 — Fri, 26 Feb 2010 08:00:00 EST

February 26, 2010 - Tewksbury - A man who was injured in a fatal car accident on Tuesday is improving at a local hospital. As The Eagle Tribune reports, 35-year-old Miguel Ortiz-Calderon is now listed in good condition at Lahey Clinic. Ortiz-Calderon suffered serious personal injuries when he hit a car that had gone out of control on I-93 North.

The driver of that car, 22-year-old Monique Forster, was killed in the car crash, which occurred shortly after 1 a.m. The head-on collision was particularly severe, but police have still not said what caused Forster to lose control of her car, but they continue to investigate.

We understand that the Tewksbury Police Department's Accident Division is looking into this accident. However, even while the police are investigating Tuesday's crash, we suggest that those injured consider consulting a SouthCoast, Massachusetts personal injury lawyer.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a car accident, a SouthCoast, Massachusetts personal injury lawyer can ensure that you receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You can receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Teen Driver Injured in Needham Single-Vehicle Accident

cphillips@phillipsgarcia.com (Blog Author)27361 — Fri, 26 Feb 2010 08:00:00 EST

February 26, 2010 - Needham - An 18-year-old teenager was injured on Sunday when her car hit a telephone pole. According to reports at WickedLocal.com, the female victim was found in the middle of the road by a police officer who happened to be passing through the area. The car accident occurred on May Street.

The unidentified victim was conscious and told the officer that she suffered injuries to her head and arm. She was treated for her personal injuries at Beth Israel Deaconess Hospital. Police say speed was not a factor in this single-vehicle accident, and they are still investigating to determine what caused the crash.

Car Accident Liability Issues

In such cases, it is always in the victims' best interest to contact an experienced SouthCoast, Massachusetts personal injury lawyer, who can analyze all aspects of the incident, identify the negligent parties and hold them accountable. If a product defect or mechanical malfunction is suspected, it is always a good idea to preserve the crashed vehicle, unaltered so it can be examined by an expert carefully for product defects, mechanical malfunction and other evidence.

Massachusetts Bad Faith Insurance Lawsuits & Complaint Forms

cphillips@phillipsgarcia.com (Blog Author)27344 — Thu, 25 Feb 2010 08:00:00 EST

If you suspect that you are a victim of Massachusetts bad faith insurance practices, you have avenues to protect your consumer rights. One of the ways to protect your rights is to file a complaint with the Office of Consumer Affairs and Business Regulation, which has an Insurance Complaint Form that can be used to file your complaint with the state.

Information that is required on the Insurance Complaint Form includes:

? Your name, current address, phone number and Email address
? The state where your insurance policy was purchased
? The name of the insurance provider
? Your group or certificate number
? Your claim number
? The kind of insurance your policy covers, such as disability, homeowners or private auto
? The details of your complaint, including the names and phone number of the applicable personnel at your insurance company

Be sure to attach copies of any supporting information to your complaint form. It's also important for you to know that any Insurance Complaint Form you file will not remain confidential. The Office of Consumer Affairs and Business Regulation will send a copy of your complaint to those listed on your complaint form.

You do not need to file an Insurance Complain Form if you are already working with an insurance company class action attorney or are already involved in litigation. Your attorney will instruct you on any forms that you are required to file.

Learn more about Massachusetts Bad Faith Insurance Lawsuits by visiting our library.

The insurance class action attorneys at Phillips & Garcia will fight for your consumer rights in your Massachusetts bad faith insurance claim. To work with a qualified Massachusetts bad faith insurance attorney, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-562.

Example of a Massachusetts Bad Faith Insurance Lawsuit

cphillips@phillipsgarcia.com (Blog Author)27343 — Thu, 25 Feb 2010 08:00:00 EST

The 2003 Supreme Court ruling in the case State Farm Mutual Automobile Insurance Co. vs. Campbell served to limit the punitive damages that can be awarded in bad faith insurance lawsuits.

In 1981, Curtis Campbell, an 83-year-old Utah resident, was driving a car that hit two other vehicles, killing Todd Ospital and causing permanent disabilities to Robert Slusher.

Campbell had auto insurance coverage through State Farm, and when Campbell was taken to court civilly, State Farm represented him. During the course of Campbell's civil trial, State Farm committed various acts of bad faith insurance, including:

Altering company records to make Campbell look less liable
Choosing to ignore the advice of an in-house investigator
Refusing offers that were within Campbell's policy limit
Telling Campbell that he didn't have to worry about losing his assets
Telling Campbell that he didn't need legal representation in addition to that provided by State Farm

When the jury found Campbell to be completely liable for the accident and fined him more than $135,000 over his policy limit of $50,000, State Farm did not stand behind its client. Instead, State Farm responded by refusing to pay the additional $135,000 fine and instructed Campbell to sell his property.

State Farm eventually paid the fine, but Campbell decided to sue the insurer for multiple examples of bad faith insurance. By the time that State Farm vs. Campbell reached the Supreme Court, juries had awarded Curtis Campbell $145 million in punitive damages.

The Supreme Court, in a 6 to 3 ruling, stated that the $145 million in punitive damages was excessive, thereby, in essence, limiting the amount of punitive damages that can be awarded to less than 10 times the compensatory damages.

Learn more about Massachusetts Bad Faith Insurance Lawsuits by visiting our library.

Phillips & Garcia will fight for your consumer rights in your bad faith insurance claim. Contact a qualified bad faith insurance class action attorney, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-562.

Property Damage – What To Do With A Totaled Car

cphillips@phillipsgarcia.com (Blog Author)27338 — Thu, 25 Feb 2010 08:00:00 EST

In the context of a car accident, property damage is any damage your car sustained as a result of the collision. One problem that you could run into as you file your Massachusetts property damage claim with your insurance is that your insurer can declare your vehicle totaled.

Why Your Car is Totaled

Sometimes when a car is in an accident it sustains a seemingly small amount of damage. Other times you can tell the car is obviously going to need a lot of repairs. Your insurance company may claim that your car is totaled in either situation. They will then typically try to pay you the value of the car prior to your accident, with the intention that you can use those funds to replace your vehicle with one of similar value.

The way that insurance companies determine whether or not your car is totaled is by estimating the value of your car and what it will cost to repair it. If it costs more to repair your vehicle than it's actually worth, then your car is totaled.

Insurance.com also maintains that your car could be totaled because it can't be safely repaired, or the State requires your insurer to qualify your car as totaled based on the amount of damage sustained.

How to Get Your Car Back

If you let the insurance company know early on that you would like your totaled car back, they will typically let you keep it. You will also still receive a settlement for the value of your car (not how much it will cost to repair it!) minus your deductible and the estimated value that your car is worth to a salvage yard.

What to Do if You Don't Receive Appropriate Compensation

You may want to hire a lawyer if you believe you aren't receiving the full value of your car after it's been totaled. The Massachusetts attorneys at Phillips & Garcia will fight for your rights in your property damage claim. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

For more information on property damage claims, read our article on How to File a Property Damage Claim in Massachusetts, in our library.

Property Damage Made Easier - Insurance Options

cphillips@phillipsgarcia.com (Blog Author)27337 — Thu, 25 Feb 2010 08:00:00 EST

Property damage is any damage to your car as a result of an auto collision. One problem you may run into as you try to get your car fixed after a Massachusetts car accident, is that your insurance may not provide some of the coverage you thought it would. It is important to go over your auto insurance policy now-before an accident-and find out what is covered and what is not.

Compulsory Insurance in Massachusetts

In Massachusetts, there is a minimum amount of insurance you must purchase in order to drive your vehicle. It is called compulsory insurance, meaning it is required by law. This kind of Massachusetts car insurance covers the basics, including:

Bodily injury to others - This covers you against some of the liability for the injury or death of others caused by your car.
Personal Injury Insurance - Covers medical bills, replacement costs and 75% of lost wages up to the amount of $8,000.
Bodily Injury Caused by an Uninsured Auto - Pays for bodily injuries caused by uninsured drivers or unidentified drivers (such as a hit-and-run).
Damage to Someone Else's Property - Covers damage to other's property (auto and other) when you are legally responsible.

Optional Coverage for Property Damage

Insurers are also required to offer optional auto insurance coverage. Here are a few examples of coverage you may find useful when dealing with property damage claims:

Collision - Pays for direct or accidental damage to your car or any other car you are driving.
Limited Collision - Pays for some direct and accidental damage to your car in multiple vehicle accidents only when you are less than 50% at fault.
Comprehensive - Pays for damage to your car from the elements, vandalism, and other non-collision accidents.
Substitute Transportation - Your insurance will reimburse you in some situations for the cost of a rental car while waiting for repairs or a replacement.
Towing and Labor - Pays for towing and labor regardless of whether or not there was an accident.

The Massachusetts attorneys at Phillips & Garcia will fight for your rights in your property damage claim. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

For more information on property damage claims, go to How to File a Property Damage Claim in Massachusetts.

Phillips & Garcia on Bank of America Loan Modification Class Action

cphillips@phillipsgarcia.com (Blog Author)27308 — Thu, 25 Feb 2010 08:00:00 EST

The Boston Globe recently reported that Bank of America and Wells Fargo were sued in federal court class actions for, in essence, failing to abide by and honor loan modification agreements entered into pursuant to the federal loan modification programs that were funded with taxpayer money. In our blog "Bank Forecloses Despite Paid-Up Loan Modification Agreement," we first reported Bank of America's long delays in processing loan modifications here, as well as the lack of adequate policies and procedures to prevent collection and foreclosure while loan modification requests are pending with the bank. We have heard a number of horror stories of loan modification requests pending with Bank of America for many months with no answer.

The loan modification class actions should be a welcome development for homeowners because the discovery process on those cases will give borrowers one of the first looks "under the hood" to see what is actually going on at these banks. We know the lawyers who filed the cases and they know lending cases. It is suspected that the employees or servicers processing loan modification requests are under-trained, under-staffed and and over-worked. We have already been informed that the processing of "short sales" at BOA is a mess, as the processors are inundated with short sale requests and oftentimes cannot even get to loans (i.e. not even open the e-mail correspondence) before the request for a short sale goes stale, which results in a postponement of the sale date and a resubmittal of documentation to the bank. A very frustrating process which causes buyers sometimes to walk away from the sale.

We will keep track of these class actions and report on any developments here. In the mean time, please keep reporting your stories of sloppy bank practices and wrongful foreclosures so we can continue to blog about them and inform America about what is going on in the United States of America, Inc.

Four Injured When Dump Truck Crashes into Minivan

cphillips@phillipsgarcia.com (Blog Author)27298 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Spencer - Four people, including three children, were injured on Wednesday when a dump truck crashed into a minivan. According to reports in the Telegram & Gazette, the accident occurred around 8:30 a.m. on Route 9 in Spencer.

All of the injured victims were in the minivan, which was broadsided by the dump truck as the van attempted to merge into traffic. The dump truck was driven by 58-year-old David Henshaw, who was not injured in the crash. The driver of the minivan, 32-year-old Angela Herrie, suffered serious personal injuries, and first responders were forced to use the "jaws of life" to extricate her from the vehicle. Her three children were also injured. All of the victims were taken to UMass Memorial Medical Center, where their conditions are currently unknown.

We understand that the Spencer Police Department's Accident Division is looking into the truck accident.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a car accident, a SouthCoast Massachusetts personal injury lawyer can help you file a personal injury lawsuit to receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You may receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Winter Weather Linked to Two-Car Accident in Boston

cphillips@phillipsgarcia.com (Blog Author)27296 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Boston - Two cars were involved in an accident near the University of Massachusetts that may have been caused by the winter weather sweeping the area. According to the DailyCollegian.com, the car accident occurred on Commonwealth Avenue on Tuesday evening.

19-year-old Kevin Moore was driving an Audi when it crashed into another car and fell down a nearby embankment. The other driver has not been identified, and police have not said if any injuries were involved in this crash. It was snowing when the car accident occurred and the roads may have been icy.

We understand that the Boston Police Department's Accident Division is looking into the car accident. However, even while the police are investigating Tuesday's crash, we suggest that those injured consider consulting a SouthCoast, Massachusetts personal injury lawyer.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a car accident, a Boston Massachusetts personal injury lawyer can ensure that you receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You can receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Pedestrian Accident Critically Injures Newton Woman

cphillips@phillipsgarcia.com (Blog Author)27295 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Newton - A Newton resident is fighting for her life after she was hit by a car on Tuesday night. According to WickedLocal.com, the 47-year-old victim was crossing Watertown Street when she was hit by a Toyota. The driver and the victim have not been identified by police.

The car accident, which occurred shortly after 6 p.m., left the pedestrian in critical condition at Beth Israel Deaconess Medical Center. Police say she has suffered a serious head injury, in addition to various internal injuries. The investigation into this accident continues on Wednesday, as police try to determine who was at fault in this tragic crash.

We understand that the Newton Police Department's Accident Division is looking into the pedestrian accident. However, even while the police are investigating Tuesday's crash, we suggest that those injured consider consulting a SouthCoast, Massachusetts personal injury lawyer.

How a SouthCoast Accident Lawyer Can Help

If you have been injured in a pedestrian accident, a Newton Massachusetts personal injury lawyer can ensure that you receive fair compensation for your injuries. An experienced Massachusetts accident attorney will piece together details of the collision to determine who was responsible and who should be held accountable. You can receive compensation for physical and emotional trauma, loss of wages, medical bills, and other damages.

Driver Injured in Charlton Truck Rollover

cphillips@phillipsgarcia.com (Blog Author)27294 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Charlton - The driver of a sander truck suffered personal injuries on Tuesday when his truck rolled over. According to reports in the Worcester Telegram, the victim was driving on Route 20 when a problem with his brakes caused him to lose control of the truck, which then overturned on the roadway.

Police have not identified the driver of the truck, who suffered non-life-threatening injuries in the rollover accident. It is currently unknown if he was treated at a hospital. When the truck overturned, the truck spilled sand on the road and caused traffic delays on Route 20 for several hours.

Truck Accident Liability Issues

In such cases, it is always in the victims' best interest to contact an experienced SouthCoast, Massachusetts personal injury lawyer, who can analyze all aspects of the incident, identify the negligent parties and hold them accountable. If a product defect or mechanical malfunction is suspected, it is always a good idea to preserve the crashed vehicle, unaltered so it can be examined by an expert carefully for product defects, mechanical malfunction and other evidence.

Alleged Carjacker Who Crashed Stolen Vehicle Arraigned in Boston

cphillips@phillipsgarcia.com (Blog Author)27222 — Wed, 24 Feb 2010 08:00:00 EST

February 24, 2010 - Boston - A man who is accused of carjacking a woman at gunpoint and then crashing her car into a taxi was arraigned on Tuesday in a Boston courtroom. According to The Boston Globe, 52-year-old Michael Fitzpatrick held up an unidentified 31-year-old woman on Monday, and then proceeded to steal her SUV.

After driving out of the parking garage where the alleged crime took place, Fitzpatrick crashed the SUV into a taxi at the intersection of Cross and North Streets. He then drove the car into a tree. According to investigators, Fitzpatrick has been convicted for 16 different crimes in Massachusetts. When this car accident occurred, Fitzpatrick was out on bail for a drunk driving case in Orange.

Police have not said if the taxi driver was injured in this crash, but we urge the driver to contact an experienced Massachusetts personal injury attorney as soon as possible. Even if the injuries were only minor, the taxi driver deserves compensation for his or her personal injuries, in addition to pain and suffering.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts or Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Weymouth Car Accident Injures Three

cphillips@phillipsgarcia.com (Blog Author)27221 — Wed, 24 Feb 2010 08:00:00 EST

February 24, 2010 - Weymouth - Police have released details on a multiple-injury car accident that occurred on Tuesday, February 16, 2010. According to the GateHouse News Service, three people were injured when a car drove off the road in Weymouth shortly after 9 p.m. The single vehicle car accident occurred on Walter Street near Myrtle Street.

Police have not released the identities of the victims, but all three were treated for personal injuries at South Shore Hospital. Their conditions are currently unknown. Police have also not said what caused the car crash, which did not involve any other vehicles.

It would be in the best interest of the injured victims to contact an experienced Massachusetts personal injury attorney right away. In any single-vehicle car accident, a personal injury lawyer can determine if there were other contributing factors that caused the crash, including a dangerous condition on the roadway or a problem with the vehicle.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts or Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Several Injured in Multi-Vehicle Collision in Salisbury

cphillips@phillipsgarcia.com (Blog Author)27220 — Wed, 24 Feb 2010 08:00:00 EST

February 24, 2010 - Salisbury - A number of people were injured last week in a three-car accident in Salisbury. As reported by The Daily News, the car accident occurred on Bridge Road shortly after 9 a.m. last Wednesday. Police are still not quite sure what caused the crash, but one car was cut off by another, which resulted in a chain reaction of rear-end collisions.

An unidentified adult and her child suffered personal injuries in the crash, and were treated at Merrimack Valley Hospital. Two other drivers were injured, but their identities have also not been released. These victims were taken to Anna Jaques Hospital. None of the victims suffered life-threatening injuries.

It would be in the best interest of the injured victims to contact an experienced Massachusetts personal injury attorney right away. According to police, "driver misjudgment" may have been a factor in this car accident, which may open up the door for a personal injury lawsuit against the negligent driver. A personal injury lawsuit can help the victims receive compensation for their injuries and medical bills.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts or Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Gathering the Necessary Paperwork for a Class Action Case

cphillips@phillipsgarcia.com (Blog Author)27208 — Tue, 23 Feb 2010 08:00:00 EST

Before you meet with a Massachusetts class action attorney for your initial consultation, it is helpful to gather as much relevant documentation as possible about your ordeal and the damages that you have suffered. The more paperwork you're able to bring to your first meeting with your attorney, the better they will be able to help you to establish your class action claim.

Listed below are some tips for preparing documents-which will act as evidence in your case action case-for your first meeting with your Massachusetts class action attorney:

Keep everything in chronological order and as organized as possible.
Remember that originals are always better than copies.
More is better than less. Your attorney will be able to tell if something is relevant. If you aren't sure if a document from the defendant company is relevant; bring it anyway.

Proper documentation will provide your class action attorney with the information needed to see if you have a viable class action claim. Once they have determined this, they will be able to build a case to fight for the compensation that you deserve.

To learn more about starting a class action lawsuit in Massachusetts, read How Do I Start a Class Action Case?

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been wronged and ripped-off by a large company or corporation, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Why Should You Meet With A Class Action Attorney?

cphillips@phillipsgarcia.com (Blog Author)27207 — Tue, 23 Feb 2010 08:00:00 EST

If you've been ripped-off or wronged in some way by your employer or a company, you may be entitled to seek compensation through a Massachusetts class action lawsuit. A Massachusetts class action settlement can help you and similarly wronged consumers to recover the costs of any injuries, property damage, financial losses or other damages caused by another person or entity's violation of a contract.

A Massachusetts class action attorney is an invaluable resource as you work to determine if you qualify for a class action lawsuit, and what types of damages you are entitled to pursue. Your attorney will also be able to determine issues of jurisdiction when dealing with a lawsuit involving a large corporation (defendant) and numerous consumers (plaintiffs).

Listed below are several ways in which your class action attorney can help you as you establish a class action claim:

Your attorney will look at the details of your case and perform the necessary research to determine whether or not you have grounds to seek a Massachusetts class action lawsuit against a credit card company, insurance carrier, employer, or the like;
Your attorney will be able to assess your personal situation and help you to determine what information is relevantin establishing a solid class action case, and what additional information you will need to provide (i.e., they can tell you the pieces of the puzzle that are missing and what you need to do to fill them in);
Your attorney will collect information from numerous wronged consumers to compare and contrast cases and identify key patterns of negligence, loss and damages;
Your attorney will know how to use your case details to build a solid, cohesive lawsuit against the defendant

To learn more about starting a class action lawsuit in Massachusetts, read How Do I Start a Class Action Case?

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

What are the Different Types of Class Actions Lawsuits?

cphillips@phillipsgarcia.com (Blog Author)27206 — Tue, 23 Feb 2010 08:00:00 EST

Have you been deceived, injured, cheated, ripped-off, or taken advantage by a company or an employer? If so you may be entitled to seek damages in a class action lawsuit. A Massachusetts class action attorney can help you to determine if the details of your case merit the filing of a class action lawsuit, and which particular type of case you will pursue.

There are a number of common, but very specific types of class action lawsuits to which your case may apply.

Listed below are some of the most common types of consumer class action cases:

Wage and Hour
Insurance
Credit card company class action lawsuits
Bank Loan
Bank Fee
Telecommunications
Cable Fee
Internet Transaction
Privacy
Debt Collection

Each class action attorney has his or her own legal forte, so be sure that the law firm that you choose has an attorney that is well-versed in the specific area relating to your case. For instance; there are many nuances in the insurance industry, and if you suspect your insurance carrier of committing bad faith insurance, you should find an attorney with experience directly related to insurance company class action lawsuits.

To learn more about the rules for class action lawsuits, read Who is Covered in a Class Action Lawsuit?

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you've been the victim of consumer fraud, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Should I File a Class Action Lawsuit?

cphillips@phillipsgarcia.com (Blog Author)27204 — Tue, 23 Feb 2010 08:00:00 EST

Have you been injured or wronged by your employer or a corporation? Do you believe there are other consumers who have been similarly wronged or injured as a result of this entity's actions? If so, you may have grounds for pursuing a class action lawsuit. A Massachusetts class action attorney can help you to determine if you are eligible to file a class action lawsuit in order to seek the compensation you deserve for your losses.

The Benefits of Class Action Lawsuits

When considering whether you should file a suit with a Massachusetts class action attorney, keep the following in mind:

Corporations are large and powerful and have many financial resources at their fingertips. In order to successfully take on a large entity, you'll fare better if you have the combined strength and voice of numerous plaintiffs, as opposed to just you and the details of your singular case.
Class action lawsuits can provide monetary damagesand compensation for injured plaintiffs who might never have decided to take on a corporation-whether an insurance company, credit card company, employer or manufacturer-if they had been forced to pursue the matter on their own, individual terms.
The results of a class action lawsuit may mean important changes in public policy, consumer protection laws and/or safety regulations by highlighting the wrongdoings of negligent companies.

Filing a class action lawsuit is one of the most effective and pointed ways to hold a greedy corporation accountable for their actions and misdeeds. Most importantly, it can provide you with the financial compensation that you lost due to that corporation's irresponsible actions.

To learn more about filing a class action lawsuit in Massachusetts, read Who is Covered in a Class Action Lawsuit?

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been wronged or ripped-off, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

How a Lawyer Can Help With the Massachusetts Statute of Limitations

cphillips@phillipsgarcia.com (Blog Author)27165 — Tue, 23 Feb 2010 08:00:00 EST

If you have been seriously injured in an accident in Massachusetts and want to file a Massachusetts personal injury lawsuit, you should know about the Massachusetts statute of limitations. In Massachusetts, the law states that a personal injury claim must be filed within a certain amount of time after your injury.

The deadline for a Massachusetts personal injury lawsuit depends on the nature of the case, though most must be filed within 3 years. Personal injury cases arising from a faulty contract allow for 6 years, or even 20 years if the contract was sealed. Alternately, a suit against a government agency or employee must be filed within a much shorter time frame and will include additional paperwork and requirements.

Depending on the case, there may be extensions to or ways around the deadlines. The Massachusetts statute of limitations may give an extension if you did not learn of the extent of your personal injury until quite some time after it occurred. It also offers some flexibility if you were unable to file a claim in time.

Fortunately, there is something called the discovery rule that may allow you to make a personal injury claim if vital evidence is discovered in your case after the deadline has passed. However, civil cases do not always benefit from the discovery rule, so it is important to talk to an attorney as soon as possible after a serious accident.

If you have suffered from a personal injury, a Massachusetts personal injury lawyer may be able to help you recover the compensation you deserve. The lawyer can also tell you what he or she can do about the statute of limitations, should that become necessary.

For more information on Massachusetts' statute of limitations, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Personal Injury and the Massachusetts Statute of Limitations

cphillips@phillipsgarcia.com (Blog Author)27163 — Tue, 23 Feb 2010 08:00:00 EST

The Massachusetts statute of limitations, simply put, places a time limit on when someone can file a Massachusetts personal injury lawsuit. It's natural to want restitution if you've been hurt by another person's errors, but you must file your claim quickly. Otherwise, the courts will not accept it.

The deadlines established by the Massachusetts statute of limitations vary from case to case. Generally, a personal injury claim must be filed within 3 years of the time of the injury. However, in some cases, that deadline can be extended.

For instance, you may be able to benefit from something called statute tolling. If you could not file your claim on time, it might be possible to get an extension, provided you were unable to do so in the allotted time. This is especially helpful in lawsuits filed against the government, which have a very short deadline and require additional paperwork.

If you've suffered from a personal injury, but did not discover its severity until after the normal deadline, you may still be able to file a Massachusetts personal injury lawsuit. In what is known as the discovery rule, the Massachusetts statute of limitations allows for a new deadline set after the date of the injury's discovery. This deadline will still match the corresponding amount of time seen in a normal example of the case.

Whatever the case, it would be in your best interest to contact an experienced Massachusetts personal injury attorney who can analyze all elements of your personal injury claim and ensure that you get the justice and compensation you rightfully deserve.

For more information on Massachusetts' statute of limitations, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Drunk Driver Arrested After Sagamore Crash

cphillips@phillipsgarcia.com (Blog Author)27138 — Tue, 23 Feb 2010 08:00:00 EST

February 23, 2010 - Sagamore - A Bourne resident was arrested for drunk driving after a car accident on Friday night in Sagamore. According to reports in The Cape Cod Times, 59-year-old Richard Tomlinson was driving a Buick on the Sagamore Bridge when he rear-ended a truck. The DUI accident occurred around 7:30 at night.

Police believe Tomlinson was drunk when the car accident occurred. He escaped serious injury and was arraigned on OUI charges on Monday. The driver of the truck did not suffer serious personal injuries, and his identity has not been released.

We send our best wishes to the driver of the truck, who is undoubtedly shaken after this potentially deadly accident. It is very fortunate that no one was seriously injured.

Even though the truck driver was not seriously injured, it would be in his best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. Even the smallest accident can cause lingering problems down the road, including neck injuries, and a personal injury lawyer can ensure the driver receives compensation for any potential problems.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Single-Vehicle Accident in Hopkinton Injures One

cphillips@phillipsgarcia.com (Blog Author)27137 — Tue, 23 Feb 2010 08:00:00 EST

February 23, 2010 - Hopkinton - A Holliston resident suffered serious personal injuries on Friday morning when her car crashed into a tree. According to reports in the MetroWest Daily News, 33-year-old Lynn Cote was driving on South Street when the car accident occurred shortly after 4 a.m.

Lynn Cote suffered personal injuries in the car crash, and is receiving treatment at UMass Memorial Medical Center, where her condition is currently unknown. Cote's Mercury Marquis was heavily damaged in the accident, and a beagle riding in the car was killed upon impact.

We send our best wishes to Lynn Cote, the driver in this serious car accident. We hope that she makes a full and complete recovery. Please keep Cote and her family in your prayers.

In any single-vehicle car accident, it is always a good idea for the victim or their family to contact an experienced Massachusetts personal injury attorney as soon as possible. The right personal injury lawyer can determine if there were other factors that contributed to the crash, such as a dangerous condition on the road or a potential fault with the vehicle.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Swansea Car Crash Remains Under Investigation

cphillips@phillipsgarcia.com (Blog Author)27136 — Tue, 23 Feb 2010 08:00:00 EST

February 23, 2010 - Swansea - A two-car accident involving a police cruiser that injured several people last week is still being investigated by the Massachusetts State Police. According to SouthCoastToday.com, Swansea Police Officer Alan LaChance was behind the wheel of a cruiser that broadsided a passenger vehicle, injuring two adults and two children.

All four passengers in the vehicle suffered serious personal injuries, including the driver, 21-year-old Jared Sheldon. The one- and two-year-old children are still hospitalized at Hasbro Children's Hospital, but their conditions have been upgraded since the car accident. Both adults are expected to survive. Investigators continue to look into this serious accident, and they will be determining how fast Officer LaChance was driving at the time of the crash.

We send our best wishes to Jared Sheldon and Shelbi Provencher, who were injured in this car accident. We hope that they, along with the two children, make a full and complete recovery. Please keep the victims and their families in your thoughts and prayers.

It would be in the injured victims' best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. Even while the Massachusetts State Police continue their investigation into this accident, the right personal injury lawyer can help the victims determine if negligence was involved in their personal injuries.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

One Killed, Several Injured in Sturbridge Rollover Accident

cphillips@phillipsgarcia.com (Blog Author)27067 — Mon, 22 Feb 2010 08:00:00 EST

February 22, 2010 - Sturbridge - A 25-year-old woman was killed Friday night when a truck rolled over near Sturbridge. According to reports in The Boston Globe, the fatal rollover accident occurred at approximately 9 p.m. on Interstate 84 when the truck was clipped by an SUV that was attempting to change lanes.

The victim, Courtney Bird was ejected from her vehicle and died at the scene. Two other people were also ejected when the truck rolled over, including a child. Both the child and another unidentified victim were airlifted to UMass Medical Center with life-threatening injuries. The driver of the SUV, 23-year-old Jose Rodriguez, and four occupants were taken to the hospital with non-life-threatening injuries. Police believe speed was a factor in this rollover accident and they have charged Rodriguez in connection with the crash.

We offer our deepest condolences to the family and friends of Courtney Bird, who died in this tragic accident. Please keep Bird's family in your thoughts and prayers. We also send our best wishes to the injured victims. We hope they make a full and complete recovery from their personal injuries.

It would be in the Bird family's best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. Since the driver who caused this accident was speeding, there is negligence involved in this tragic death. Jose Rodriguez could be held liable for Bird's death in a civil court, and the right personal injury lawyer can help Courtney Bird's family file a wrongful death lawsuit.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Single-Vehicle Accident in Boylston Results in Fatality

cphillips@phillipsgarcia.com (Blog Author)27066 — Mon, 22 Feb 2010 08:00:00 EST

February 22, 2010 - Boylston - One woman is dead after a single-vehicle car accident in Boylston on Saturday morning. As reported by The Boston Globe, 21-year-old Maia McDermott was driving on Route 70 when her car hit a telephone pole. The car accident occurred shortly after 2 a.m.

McDermott was on the northbound side of Route 70 when she crossed over the median before striking the pole. The impact was so severe that McDermott's car was on fire when first responders arrived. Police have not said what caused the car crash, and they continue to investigate this fatal accident. No other injuries were reported. According to the DailyCollegian.com, Maia McDermott was a junior at the University of Massachusetts.

We offer our deepest condolences to the family and friends of Maia McDermott, who died in this tragic accident. Please keep her family in your thoughts and prayers.

It would be in the McDermott family's best interest to contact an experienced Massachusetts personal injury attorney right away. In any single-vehicle car accident, it is always a good idea for the victim's family to have their own legal representation while police continue to investigate. There may have been a contributing factor in the crash, like a dangerous condition on the roadway or a fault with the vehicle, and all of these possibilities should be explored.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Three Injured in Head-On Collision in Harwich

cphillips@phillipsgarcia.com (Blog Author)27064 — Mon, 22 Feb 2010 08:00:00 EST

February 22, 2010 - Harwich - Three people suffered personal injuries in a serious head-on car accident on Saturday. According to The Cape Cod Times, an unidentified female driver was driving a SUV on Route 6 when she crossed the median and struck another vehicle head-on.

Both drivers, along with a 14-year-old passenger, were injured in the car crash, and transported to Cape Cod Hospital. Their conditions are currently unknown, but although all three suffered serious injuries, they are all expected to survive. Police believe there is a medical reason to explain why the driver of the SUV crossed into oncoming traffic, but they are still investigating the car accident.

We send our best wishes to all the injured victims in this serious car accident. We hope that they make a full and complete recovery. Please keep the victims and their families in your thoughts and prayers.

It would be in the injured victims' best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. Even though there may be a medical explanation for the crash, that does not rule out the possibility of negligence. Those who suffered injuries may be able to file a personal injury lawsuit against the driver of the SUV.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Motorcycle Accidents and Product Liability Personal Injury Claims

cphillips@phillipsgarcia.com (Blog Author)26998 — Fri, 19 Feb 2010 08:00:00 EST

Product liability is a frequent factor in a motorcycle accident. If you've been injured in a Massachusetts motorcycle accident, your personal injury attorney may find cause to state product liability as the reason for your damages and injuries.

What is Product Liability?

Product liability means that a defective product or vehicle is responsible for an individual's harm and/or losses. Product liability can be a result of factors including both a design defect or manufacturing fault.

In some cases, your Massachusetts personal injury attorney will hold the responsible parties liable for selling a defective vehicle. Those that may be responsible include the manufacturer, the manufacturer of parts for the vehicle or the store that sold the product or vehicle to you or your injured loved one. Each state has individual product liability laws. A Massachusetts personal injury attorney can provide more information on Massachusetts' product liability laws and how they apply to your specific motorcycle accident lawsuit.

Motorcycle Accidents and Product Liability

Motorcycle accidents can occur for a number of reasons including: the involvement of another vehicle; the motorcyclist losing control of their bike due to debris on the roadway; or some other dangerous road condition. A motorcyclist could also lose control because of a vehicle defect or a mechanical malfunction.

In such cases, it would be wise for the victims' families to speak with an experienced SouthCoast, Massachusetts personal injury lawyer who has handled motorcycle products liability cases. If a malfunction or product defect is suspected, it is best to preserve the motorcycle in its current condition, unaltered, so it can be carefully examined by an expert for vehicle defects, malfunction or other evidence.

Responding to Your Massachusetts Accident

cphillips@phillipsgarcia.com (Blog Author)26997 — Fri, 19 Feb 2010 08:00:00 EST

If you've been injured in a Massachusetts accident, and you are considering filing a personal injury lawsuit, the proper preparation can help you to build a more successful case. Knowing the proper steps to take at the scene of the accident and onward is important.

What To Do After a Massachusetts Accident

If you've been involved in a Massachusetts accident, these steps can help you to prepare for your personal injury lawsuit:

Cooperate properly with all law enforcement officers
Obtain license plate numbers of all vehicles as well as driver's names, addresses, contact information as well as insurer and policy number of all involved parties
Write down names and contact information for any possible witnesses to the scene
If an animal is involved, get the name and address of the owner
Take photographs of scene of accident, area surrounding the scene, your personal injuries and/or damage to property
Contact a personal injury attorney

What NOT to Do After a Massachusetts Accident

While it is understandable that you will feel angry and confused after suffering a loss or injury as a result of an accident, it's important to stay as calm as possible in order to refrain from making major mistakes that may hinder your Massachusetts personal injury lawsuit, including:

Do not leave the scene of the accident until the police have completed a full report. This can result in a lack of proof for your Massachusetts personal injury claim.
Do not discuss blame with the other party, especially when a law enforcement officer is not present.
Never sign any insurance paperwork or agree to a settlement without first contacting your Massachusetts personal injury attorney.

It's important to follow specific precautions after a Massachusetts accident. These measures can help you prepare properly for a Massachusetts personal injury lawsuit and can provide you a better chance to rectify the losses you have endured as a result of your accident.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Read Your Credit Card Disclosures Carefully

cphillips@phillipsgarcia.com (Blog Author)26996 — Fri, 19 Feb 2010 08:00:00 EST

We all know that some credit card companies have been known to take advantage of their consumers. That's why before signing any credit card agreement, you should read your credit card disclosures carefully.

Listed below are the factors that you should pay most attention to when reading your credit card disclosures:

What fees you will need to pay
Your interest rates
The calculations for your finance charge
Any penalties or rate increases that you will incur for defaulting on a monthly payment

If you have any questions about the credit card disclosure, don't hesitate to make a call to the company. The worst thing you could do when choosing a credit card is to sign an ambiguous agreement. Get a company representative on the phone and make sure that you understand the terms and conditions.

There is no specific formula as to what makes one credit card more beneficial than another. Ideally you will want to find the lowest interest rate, with the least amount of fees, and the most flexible terms as possible.

To learn more about what to watch for when looking at your credit card disclosure, read our article, Pay Close Attention to Your Credit Card Disclosures.

If you believe that your credit card company has violated the terms of your disclosure, you may be entitled to seeking legal recourse. The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Credit Card Act of 2009 Changes Rules for Credit Card Disclosures

cphillips@phillipsgarcia.com (Blog Author)26995 — Fri, 19 Feb 2010 08:00:00 EST

In May of 2009, President Barack Obama signed the Credit Card Act of 2009, also known as the Credit Card Accountability, Responsibility, and Disclosure Act. This legislation, which took effect in February 2010, is intended to protect consumers from unethical practices by major banks and credit card companies.

The principles set forth in this long-term credit card industry reform include:

That credit card disclosures and statements must be written in plain language that is in plain sight
That there will be no unfair rate increases or unfair "fee traps"
That people can shop for a credit card without the fear of being taken advantage of
That there is accountability for both credit card issuers and regulators in order to prevent unfair practices and to enforce protections

If when reviewing your credit card disclosures you find that any of these principles have been violated, you may have cause for legal recourse. You should first call the credit card company to clarify any confusion, and if you still feel that something is wrong, you can contact an attorney to find out if your rights as a consumer have been violated.

To learn more about what to watch for when looking at your credit card disclosure, read our article, Pay Close Attention to Your Credit Card Disclosures.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

What is a Class Action Incentive Award?

cphillips@phillipsgarcia.com (Blog Author)26993 — Fri, 19 Feb 2010 08:00:00 EST

In any class action lawsuit, there is always a "representative" who acts of behalf of the class.

The class action representative takes on the responsibilities of:

Performing the role of plaintiff
Complying with legal requests
Appearing in court
Running the risk of sanctions if the verdict turns out badly

Because of this extra responsibility, there is something called an "incentive award", which is compensation for the plaintiff's role in representing the entire class. This extra compensation is never guaranteed, and can only be awarded by a judge.

What are my chances of getting an incentive award? And how much could I receive?

A 2005 study by Theodore Eisenberg and Geoffrey P. Miller at the New York University School of Law found that that the rate of awards in consumer credit actions was 59%. The average total of incentive awards "across all categories" was $128, 803, and the median total award was $18,190. In consumer credit cases alone, the median award was estimated at around $1,000.

Learn more about credit card class action lawsuits by visiting our library.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Don't Be Bullied By Your Credit Card Company

cphillips@phillipsgarcia.com (Blog Author)26992 — Fri, 19 Feb 2010 08:00:00 EST

In their latest move to keep revenues in the black, credit card companies have begun to hit customers with rate increases and new annual fees. This all comes before the Credit Card Act of 2009 takes effect in February 2010. In order to get as much money out of their customers as possible before the new regulations take effect, the big banks are taking new, underhanded steps to take more of your hard-earned money away.

If on your next monthly statement you see that your interest rate has jumped without cause, or if your credit card company has tacked on some suspicious additional fee, investigate before making any payments. Save all your statements, and any documents that pertain to your account. If you have been treated unethically there may be cause for a class action lawsuit.

How Do I Know If I Have Cause for a Lawsuit?

If you think you have a valid case for a credit card class action lawsuit, you should contact a Massachusetts class action attorney right away. An attorney will hear your complaint, and begin to investigate the reasons for your claim. If you do have a valid case, they will initiate a Class Action Complaint in the proper court of law.

Learn more about credit card class action lawsuits by visiting our library.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

A Credit Card Opt-Out May Be Your Best Option

cphillips@phillipsgarcia.com (Blog Author)26991 — Fri, 19 Feb 2010 08:00:00 EST

Any good day can easily go bad when you get the notice in the mail: Your credit card company is increasing your rate to 29.99%. That's a lot of annual interest to owe, especially if the rate you agreed to was 18.99%. This was recently the case with many Citibank customers, who are now faced with the frightening prospect of paying these unreasonable credit card interest rates.

Fortunately, there is a provision for you to opt-out of a credit card rate increase. But this also means that you will no longer be able to use the credit card. If you choose to opt-out, and keep the previous rate, your existing account will subsequently be closed.

Other options to avoid a rate increase are to call your company and try to negotiate a lower rate, or to transfer the balance to another card. To opt-out may be your best option, however. If your credit remains in good standing, you can pay off your balance at the same monthly rate, and look for a better offer with a different credit card company.

To learn more about credit card rate increases, visit our article library.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Don't Stand for Illegal Credit Card Charges

cphillips@phillipsgarcia.com (Blog Author)26990 — Fri, 19 Feb 2010 08:00:00 EST

Prior to the Credit Card Act of 2009, credit card companies had the freedom to implement rate increases at any time and for any reason, even without prior notification to consumers. But with the passage of the Credit Card Act of 2009, which took effect in February 2010, it will become more difficult for credit card companies to increase your annual interest rate.

Now that the credit card companies won't be able to continue with some of their most underhanded, albeit most profitable practices, they are coming up with new ways to maintain their bottom lines.

One way is to charge an annual fee-and don't be surprised to other find arbitrary charges which have never appeared before. If you feel your rights have been violated, contact a class action attorney who can look at the specifics of your case. You may have a case for a class action lawsuit to recoup your damages and more.

To learn more about credit card rate increases, visit our article library.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Rhode Island Lawyer Seeks Credit Card Class Action Lawsuit

cphillips@phillipsgarcia.com (Blog Author)26989 — Fri, 19 Feb 2010 08:00:00 EST

In November 2009, a lawsuit was filed in a Rhode Island U.S. district court on behalf of a woman who claims that Citibank is charging her excessive fees. Under the suit, Michol K. Murphy alleges that Citibank has raised her annual percentage rate without cause, even though her account is in good standing, and her current credit agreement does not expire until April 30, 2010.

This credit card company class action lawsuit comes in advance of upcoming lending rule changes enacted by the Obama administration. Since the signing of the Credit Card Act of 2009, credit card companies have engaged in some rather underhanded practices in order to maintain their bottom lines.

Credit card companies have implemented annual fees, and in some cases raised interest rates, in order to take advantage of consumers before the new rules take effect. If you feel you have been a victim of excessive fees or overcharges, you may have a case for a class action lawsuit.

For more information about credit card company class action lawsuits, read our article, How to Fight Excessive Fees and Overcharges by Your Credit Card Company.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

What Do I Do If My Credit Card Company is Overcharging Me?

cphillips@phillipsgarcia.com (Blog Author)26988 — Fri, 19 Feb 2010 08:00:00 EST

It is almost unthinkable that in the current economic climate, with so many Americans drowning in mortgage debt and unsettled bills, that your credit card company is finding devious new ways to hit you with excessive fees and overcharges. Fortunately, the system provides ways for consumers to fight back against the unethical practices of credit card companies.

While it is extremely difficult for an individual consumer to win a legal battle against a large bank or corporation, there is a legal mechanism, called a class action lawsuit, which enables a group of individuals to bring a single case against large companies and institutions, such as a credit card company.

You can bring a class action lawsuit against your credit card company for reasons such as:

Raising your interest rate or fees when it promised it would not
Charging you unauthorized fees such as insurance charges or club memberships
Improperly posting your statements and charging you late fees as a result
Sending you plastic cards in the mail that you did not request

In any of these instances you may have a case to file a class action lawsuit against your credit card company. For more information about credit card company class action lawsuits, read our article, How to Fight Excessive Fees and Overcharges by Your Credit Card Company.

The attorneys at Phillips & Garcia will fight for your rights in your credit card class action lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been treated unfairly by your credit card company, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

One Injured After Car Falls Off Cliff in Lynn

cphillips@phillipsgarcia.com (Blog Author)26960 — Fri, 19 Feb 2010 08:00:00 EST

February 19, 2010 - Lynn - One woman was injured on Tuesday when her car fell off a small cliff in Lynn. According to reports in The Daily Item of Lynn, 62-year-old Maria Faria was trying to park her Honda Civic when it accelerated, crashed through a yard and a fence on her property, and then fell off a small cliff onto Amero Lane.

Police believe weather may have played a part in the car accident, as snow was falling heavily shortly after 4 p.m. on Tuesday, when the car crash occurred. First responders worked for some time to extricate Faria from her vehicle, which landed on the roof. She was treated for a neck injury at Massachusetts General Hospital, but she is expected to survive.

We send our thoughts and prayers to Maria Faria, who was injured in this serious car accident. We hope that she makes a complete recovery. In any single-vehicle car accident, it is always a good idea to contact an experienced Massachusetts personal injury attorney as soon as possible. Even though weather may have played a role in the accident, a personal injury lawyer can ensure there was no fault with the vehicle that may have contributed to the crash.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Multiple Injuries Reported in Swansea Car Crash

cphillips@phillipsgarcia.com (Blog Author)26959 — Fri, 19 Feb 2010 08:00:00 EST

February 19, 2010 - Swansea - Five people were injured Wednesday in a car accident involving a police cruiser and a passenger vehicle. As the Herald News reports, Officer Alan LaChance was driving down Route 6, preparing to pull over a vehicle, when he broadsided a separate car.

Four people in the passenger vehicle were injured, including two children under the age of three. The driver of the vehicle, 21-year-old Jared Shelton, and his passenger, 19-year-old Shelbi Provencher were treated at Rhode Island Hospital with non-life-threatening injuries. Both children were treated at Hasbro's Children Hospital, where one remains in critical condition. Officer LaChance also suffered minor injuries in this car accident.

We send our thoughts and prayers to Jared Shelton and Shelbi Provencher, who were injured in this serious car accident. We hope that they make a complete recovery. Please keep these injured victims and the two small children in your prayers. It would be in the injured victims' best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. If the police officer is found to be negligent in this accident, the injured victims could have the opportunity for a civil lawsuit.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Fire Truck Involved in Boston Van Crash

cphillips@phillipsgarcia.com (Blog Author)26957 — Fri, 19 Feb 2010 08:00:00 EST

February 19, 2010 - Boston - A fire truck from the Boston Fire Department was seriously damaged, and one man suffered personal injuries, in a collision between a fire truck and a van. According to TheBostonChannel.com, the multi-vehicle accident occurred on Wednesday night.

Police have not said what caused the crash, but they believe that the van hit the fire truck while both were driving on the VFW Parkway. The driver of the van has not been identified, but he suffered personal injuries in the wreck and is receiving treatment at a local hospital. The fire truck, which comes from Ladder 25, is being repaired.

We send our best wishes to the injured victim in this van accident. We hope and pray that he makes a complete recovery. It would be in the injured victim's best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. A personal injury lawyer can determine if there were any other factors that could have contributed to this car accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

One Man Injured in South Kingston Truck Crash

cphillips@phillipsgarcia.com (Blog Author)26955 — Fri, 19 Feb 2010 08:00:00 EST

February 19, 2010 - South Kingston - One man suffered serious personal injuries on Wednesday when his truck crashed into a pole. According to the South County Independent, the truck driver had swerved to avoid another accident that was blocking the road when the truck accident occurred.

The truck accident took place shortly after 10:30 a.m. on Route 1. The identity of the victim has not yet been released, but police believe he suffered extensive injuries. He is receiving treatment for his personal injuries at Rhode Island Hospital.

We send our best wishes to the injured victim in this truck accident. We hope and pray that he makes a complete recovery. It would be in the injured victim's best interest to contact an experienced Rhode Island personal injury attorney as soon as possible. A personal injury lawyer can determine if there was any negligence involved in this accident, which could open up the possibility for a civil lawsuit.

Why You Need a Rhode Island Personal Injury Lawyer

The Rhode Island personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Rhode Island accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Speed May Have Contributed to Attleboro Car Crash

cphillips@phillipsgarcia.com (Blog Author)26912 — Thu, 18 Feb 2010 08:00:00 EST

February 18, 2010 - Attleboro - One person was injured Wednesday in a car crash, but police have released few details about the actual car accident. According to WHDH.com, the single-vehicle accident occurred on Route 95 sometime on Wednesday morning.

Police say speed may have been a factor in the accident, but it's not immediately clear if the driver crashed into another vehicle or something on the side of the road. The injured victim, who was taken to a nearby hospital but is expected to survive, was assisted by an off-duty firefighter who came across the scene.

We send our best wishes to the injured victim. We hope and pray that they make a full recovery from their personal injuries. In any single-vehicle car accident, it's always a good idea to contact an experienced Massachusetts personal injury attorney as soon as possible. There may have been a dangerous condition on the roadway or a fault with the vehicle that contributed to this serious accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Police Officer Dragged By Car at Hanover Mall

cphillips@phillipsgarcia.com (Blog Author)26911 — Thu, 18 Feb 2010 08:00:00 EST

February 18, 2010 - Boston - A female police officer with the Hanover Police Department suffered serious personal injuries on Tuesday night when she was dragged by a car. According to TheBostonChannel.com, Officer Deborah Burns was attempting to apprehend a shoplifter that had just stolen several thousand dollars worth of merchandise from the Sears store at Hanover Mall when the car accident occurred.

Officer Burns was dragged down the street as the suspect attempted to escape. Police are still looking for the suspects in this crime, who were driving a silver Pontiac. Burns was taken to an unnamed hospital, where she is expected to survive. Anyone with information about the two individuals involved in this case are asked to call the Hanover Police Department.

We send our best wishes to Officer Deborah Burns. We hope that she makes a full and complete recovery from her personal injuries. It would be in Officer Burn's best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. There may be an opportunity for a civil lawsuit against the perpetrators once they are apprehended.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Female Driver Injured in Harwich Car Crash

cphillips@phillipsgarcia.com (Blog Author)26910 — Thu, 18 Feb 2010 08:00:00 EST

February 18, 2010 - Harwich - One woman was injured when her car crashed into a telephone pole on Wednesday morning. According to The Cape Cod Times, the woman was driving down Bank Street when she lost control of her vehicle, which caused the closure of the road in both directions.

The victim's identity has not yet been released, but she did suffer personal injuries in the crash. Police believe weather may have contributed to the accident, since winter storms have been moving across the area. No other injuries were reported in this single-vehicle crash.

We send our best wishes to the injured victim. We hope that she makes a complete recovery from her injuries. In any single-vehicle car accident, it's always a good idea to contact an experienced Massachusetts personal injury attorney right away. There may be an opportunity for a civil lawsuit if there was a dangerous condition on the roadway that contributed to the car accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Multiple Injuries Reported in Five-Car Crash in North Attleboro

cphillips@phillipsgarcia.com (Blog Author)26909 — Thu, 18 Feb 2010 08:00:00 EST

February 18, 2010 - North Attleboro - Several people suffered personal injuries on Monday night when five vehicles were involved in a multi-car collision. According to reports at the Sun Chronicle, the car accident occurred on Route 1 around 6 p.m.

Police have not said exactly what caused the multi-car crash, but they believe that the car accident was caused by a driver that later fled the scene. One victim received treatment at Rhode Island Hospital, and his injuries are described as potentially serious. The occupants of the other cars suffered minor injuries, but they refused medical treatment. Police continue to investigate this car accident, and they are still looking for the driver responsible.

We send our best wishes to all the injured victims in this serious car accident. We hope and pray that they all make a complete recovery. Those injured should contact an experienced Massachusetts personal injury attorney as soon as possible. Even minor injuries that don't appear to need medical attention may turn into larger problems down the road. A personal injury lawyer can make sure that those responsible are held accountable.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Winter Weather Causes Rollover Accident in Bourne

cphillips@phillipsgarcia.com (Blog Author)26854 — Wed, 17 Feb 2010 08:00:00 EST

February 17, 2010 - Bourne - Winter weather in Massachusetts has been blamed for a number of car accidents on Tuesday, including a rollover crash on Route 28A. According to reports at ABC6.com, the unidentified male victim was driving a Jeep when he hit slick roads and lost control of the vehicle. The Jeep hit a tree and guardrail before coming to a stop on the side of the road.

The victim, whose identity has not yet been released, was treated at Falmouth Hospital for non-life-threatening injuries. Police believe weather was a factor in the rollover accident, as the temperatures were barely above freezing when the accident happened shortly after 7 a.m. The victim's condition is currently unknown.

We send our thoughts and best wishes to the unidentified victim. We hope he makes a full recovery after this serious car accident. In any single-vehicle car accident, it's always a good idea to contact an experienced Massachusetts personal injury attorney right away. The right injury lawyer can ensure that there was no negligence involved on the part of the city or county, who are tasked with keeping the roads safe during winter storms.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Bicyclist Seriously Injured After Being Struck by Car in Stoughton

cphillips@phillipsgarcia.com (Blog Author)26853 — Wed, 17 Feb 2010 08:00:00 EST

February 17, 2010 - Stoughton - A bicyclist has suffered serious personal injuries when he was hit by a car on Monday. According to the Patriot Ledger, the victim was riding a bicycle near the intersection of Railroad Avenue and Washington Street when the accident occurred shortly after 9:30 p.m. Monday night.

Police have been unable to identify the victim in this bicycle accident. After receiving initial treatment at Good Samaritan Hospital, the victim was airlifted to Massachusetts General Hospital. His condition is currently unknown, and police have not specified if any charges will be filed as a result of this accident.

We hope that the unidentified victim makes a full and complete recovery from his serious personal injuries. Please keep this man and his family in your prayers. It would be in the best interest of the victim's family to contact an experienced Massachusetts personal injury attorney as soon as possible. An experienced personal injury lawyer can determine if any negligence was involved in this bicycle accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Alleged Drunk Driver Pleads Not Guilty in Framingham Crash

cphillips@phillipsgarcia.com (Blog Author)26851 — Wed, 17 Feb 2010 08:00:00 EST

February 17, 2010 - Framingham - The man suspected of driving while intoxicated when he caused a car accident on Sunday pleaded not guilty in court on Tuesday. According to The MetroWest Daily News, 28-year-old Scott Ryberg injured two people when he crashed head-on into an oncoming car after failing to stop at a stop sign.

The car accident occurred shortly before 1:30 a.m. on Beaver Street. Two people from the other vehicle suffered serious personal injuries and were treated at MetroWest Medical Center. Their identities and conditions have not been released. Scott Ryberg's trial is due to begin at the end of March.

We send our best wishes to the injured victims in this horrific car accident. Please keep these victims and their families in your prayers. It would be in the victims' best interest to contact an experienced Massachusetts personal injury attorney as soon as possible. A personal injury lawyer who has experience with drunk driving cases can explore the possibility for a civil lawsuit. Even as the criminal trial against Scott Ryberg moves forward, the victims may be entitled to additional compensation for their pain and suffering and medical expenses.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Boston Car Accident Injures Two Police Officers

cphillips@phillipsgarcia.com (Blog Author)26850 — Wed, 17 Feb 2010 08:00:00 EST

February 17, 2010 - Boston - A multi-vehicle accident left two Boston police officers with personal injuries, according to WHDH.com. The car accident, which occurred on Monday, involved a police car and another vehicle. There is no word if any occupants in that car were injured.

The cars were traveling on Washington Street near the intersection of Presentation Road when they collided. Both police officers were treated at St. Elizabeth's Hospital, and their injuries are not considered serious or life threatening. Their current conditions however, are unknown and the identity of the driver in the other vehicle has not been released.

We send our best wishes to the injured officers. We hope that they make a full recovery from their injuries. It would be in the best interest of all the injured victims to contact an experienced Massachusetts personal injury attorney as soon as possible. A Massachusetts personal injury lawyer who has experience with car accidents can determine if any negligence was involved in this collision.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Pennsylvania Pet Stolen In Wrongful Seizure of Home By Bank of America

cphillips@phillipsgarcia.com (Blog Author)26831 — Tue, 16 Feb 2010 08:00:00 EST

Since we first filed the case against Bank of America on hehalf of our clients Charlie and Maria Cardoso, consumers across the country have been contacting us with their wrongful foreclosure stories.  We just heard a story out of Pennsylvania that Bank of America's trash-out team seized and ransacked a home with no legal right to enter the premises and stole the homeowner's pet bird in the process.

It was reported to us that the Pennsylvania homeowner was not behind on her mortgage when Bank of America foreclosed.  It is not clear what happened but it appears as though Bank Of America foreclosed on the wrong house -- again. We have reported similar complaints against Bank of America and Countrywide in Massachusetts, Texas, Florida, Kentucky and Nevada. We can now add Pennsylvania to the list.

In the Pennsylvania case, we were told that Bank of America changed the locks and ransacked the house by spreading bird seed all over parts of the house. The homeowner apparently had a pet bird that was alive and well when the trash-out team entered. The bird was an obvious red flag that the home was not abandoned and someone was still living in the house.   It is reported that the bank's trash-out team stole the pet bird. It took the homeowner a week to get her pet bird back.

We are hearing more and more stories every day and will continue to update our blog. We hear there is another big problem on a home in Florida and hope to report on that case tomorrow.

There is a problem in the foreclosure industry bigger than we ever would have imagined. An investigation needs to be launched in Washington to determine the extent of this national problem.   However, is anyone in Washington really listening?

Contact One of the Leading Wrongful Foreclosure Attorneys

If you've been the victim of a wrongful foreclosure or a home seizure, the Massachusetts wrongful foreclosure and class action attorneys at Phillips & Garcia want to hear your story. We are committed to protecting your best interests and helping you collect any damages to which you are rightfully entitled. To share your story with us, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Bourne Police Still Seeking Information on January Hit-And-Run

cphillips@phillipsgarcia.com (Blog Author)26809 — Tue, 16 Feb 2010 08:00:00 EST

February 16, 2010 - Bourne - On New Year's Day, a young boy's life was cut tragically short by a hit-and-run driver. Now the boy's family and the Bourne Police Department are hoping to bring new attention to the case.

According to WHDH.com, 17-year-old Andrew Dexter was killed on January 1, 2010 when he was hit by a car. The driver of the car did not stop after the accident and has yet to be identified. Dexter's family held a vigil for the teenager this past Sunday in Bourne, hoping that media attention about the fatal car accident would bring up new leads and uncover those responsible. The Bourne Police Department is still investigating the hit and run accident, but they currently have no leads.

We offer our deepest condolences to the family of Andrew Dexter for their tragic and heartbreaking loss. We are hopeful that police will be able to apprehend those responsible for his untimely death. It would be in the Dexter family's best interest to contact an experienced Massachusetts personal injury attorney. The right personal injury lawyer can ensure that when the driver is finally apprehended, he or she will be held accountable for this horrible accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Harwich Woman Injured After Car Crashes into House

cphillips@phillipsgarcia.com (Blog Author)26806 — Tue, 16 Feb 2010 08:00:00 EST

February 16, 2010 - Harwich - A woman suffered personal injuries on Monday when the car she was driving crashed into a house. As reported in the Cape Cod Times, the woman was driving on Uncle Harry's Way when her Audi hit a stationary vehicle, a tree and then the corner of a house. The house was not seriously damaged in the car accident.

The woman has yet to be identified, and police have not said what caused the victim to lose control of her vehicle. She is being treated for personal injuries at Cape Cod Hospital, where her current condition is unknown. No other injuries were reported in this single-vehicle accident.

We offer our best wishes to the unidentified victim in this car accident. We hope she makes a full and complete recovery. In any single-vehicle car accident, it's always a good idea to contact an experienced Massachusetts personal injury attorney. The right personal injury lawyer can ensure that there were no other circumstances that may have played a role in this accident, such as a dangerous condition on the roadway or a problem with the vehicle.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Brown University Student Killed By Drunk Driver

cphillips@phillipsgarcia.com (Blog Author)26805 — Tue, 16 Feb 2010 08:00:00 EST

February 16, 2010 - Providence - A student at Brown University in Providence, Rhode Island, was killed Friday night after he was hit by a drunk driver. According to reports in The Brown Daily Herald, Avi Schaefer was struck while he was crossing Thayer Street near the Hope Street intersection. One other student, Marika Baltscheffsky, suffered serious personal injuries in the DUI accident.

Police say Schaefer, Baltscheffsky and one other student were hit by Daniel Gilcreast, who has been charged with DUI and death resulting from DUI. Both Schaefer and Baltscheffsky were treated at Rhode Island Hospital, where Avi Schaefer sadly succumbed to his injuries around 2 a.m. Baltscheffsky has been released from the hospital. The drunk driver, Daniel Gilcreast, is due in court at the end of February.

We offer our deepest condolences to the family and friends of Avi Schaefer. Please keep his family in your prayers during this difficult time. It would be in the best interest of both the Schaefer and Baltscheffsky families to contact an experienced Massachusetts personal injury attorney right away. Even as the criminal trial against Daniel Gilcreast moves forward, there may also be an opportunity for a civil lawsuit against the drunk driver who was responsible for this tragic death.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Repeat Drunk Driver Injures One in Foxborough Crash

cphillips@phillipsgarcia.com (Blog Author)26729 — Mon, 15 Feb 2010 08:00:00 EST

February 15, 2010 - Foxborough - A woman who has already faced charges of drunk driving in the past was arrested again on Saturday when she injured a man in a car accident. According to reports at TheBostonChannel.com, 47-year-old Paula Wright was intoxicated when she drove her car into a tree on Route 140.

Wright was not seriously injured in the DUI car accident, but her passenger, 48-year-old Scott Davis, suffered serious personal injuries. According to police, Davis was ejected from the vehicle, which then rolled on top of him before coming to a rest in the median. Paula Wright has been arrested for drunk driving in the past, and police say she will be charged again for this DUI accident. Scott Davis' condition is currently unknown.

We offer our thoughts and prayers to Scott Davis and his family. We hope he makes a full recovery from these serious personal injuries. Please keep him in your prayers. It would be in the victim's best interest to contact an experienced Massachusetts personal injury attorney, who can ensure that the drunk driver is held responsible for Davis' injuries and medical bills.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Four Injured in Head-On Car Accident in Hadley

cphillips@phillipsgarcia.com (Blog Author)26728 — Mon, 15 Feb 2010 08:00:00 EST

February 15, 2010 - Hadley - Four people were sent to the hospital Saturday after a serious car accident on Route 9 in Hadley. According to the DailyCollegian.com, the accident occurred shortly after 7 a.m., when the driver of a Volkswagen fell asleep at the wheel, crossed into oncoming traffic and collided head-on with a pickup truck. The car accident caused the truck to rollover, and the Volkswagen's engine landed separately from the car.

Four people were injured in the car accident. Three people in the Volkswagen, including Maxwell Rudenstein, Jacob Gilbert and Charles Young, suffered serious personal injuries. The driver of the pickup truck, 18-year-old Dakota West, was also injured. All of the victims were transported to Northampton Hospital, where they are expected to survive.

We hope and pray that all the injured victims in this car accident will make a full and complete recovery. Please keep these victims and their families in your thoughts and prayers. It would be in the victims' best interests to contact an experienced Massachusetts personal injury attorney, who can ensure that the driver responsible for this crash is held accountable.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Man Charged After Single-Vehicle Accident in Centerville

cphillips@phillipsgarcia.com (Blog Author)26726 — Mon, 15 Feb 2010 08:00:00 EST

February 15, 2010 - Centerville - A Centerville man is facing charges after he drove his car into a tree on Saturday morning. According to The Cape Cod Times, 25-year-old Oped Woodson was driving an Acura on Great Marsh Road when he drove off the road and crashed into a tree.

Police say Woodson was speeding at the time of the crash, and he is facing charges of operating to endanger. Woodson was treated at Cape Cod Hospital for non-life-threatening injuries, but his current condition is unknown. The car accident occurred shortly after midnight.

We send our best wishes to Oped Woodson for a full and complete recovery. In any single-vehicle car accident, it is always in the driver's best interest to contact an experienced Massachusetts personal injury attorney. The right personal injury lawyer can ensure that there was not a dangerous condition on the road or a fault with the vehicle that contributed to this serious car accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Understanding Massachusetts Truck Accidents

cphillips@phillipsgarcia.com (Blog Author)26678 — Fri, 12 Feb 2010 08:00:00 EST

Truck accidents are among the most devastating types of auto accidents that a person can experience. The oversized vehicles can inflict extreme damage and unfortunately, they are often fatal. If your loved one has been the victim of a fatal truck accident in Massachusetts, know that you are not alone. Each year, there is an average of 34 fatal truck accidents in the state. Many of these tragic accidents occur happen in rural areas; but nearly half occur in cities.

While it would be easy to blame these fatal truck accidents on road conditions, spotty New England weather and other unavoidable circumstances, the statistics do not back up that assumption. In Massachusetts, an estimated 73% of truck accidents occurred where weather was not an issue.

Sadly, some of the more common reasons for truck accidents are entirely avoidable. Listed below are a few preventable common causes of truck accidents:

faulty equipment
safety issues with the truck
driver error
driver falling asleep at the wheel
driver distraction, such as texting while driving or talking on cell phones

Statistics also reveal that the Massachusetts Turnpike is among the most dangerous stretches of road for fatal truck accidents.

It's important to know that there are different laws that apply to trucks and truck drivers than the standard rules for passenger vehicles. This means that in a fatal truck accident in which wrongful death comes into play, not only can the driver be held liable, but so can the company that employs the driver. Additionally, if there was a fault with the truck, the company that leased the truck to the driver can also be held responsible.

Learn more about what do to after your loved one has been killed in a fatal truck accident by visiting our library.

If you have lost a loved one to a fatal Massachusetts truck accident, you may entitled to collect wrongful death damages. The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your wrongful death case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Massachusetts Drunk Driving Accident Victims & the DDTF

cphillips@phillipsgarcia.com (Blog Author)26676 — Fri, 12 Feb 2010 08:00:00 EST

If you or a family member have been the victim of a Massachusetts drunk driving accident, you may be eligible for free services funded through the Victims of Drunk Driving Trust Fund, or the DDTF.

The DDTF & Massachusetts Drunk Driving Accident Victims

Every convicted drunk driver in Massachusetts must contribute $50 to the Victims of Drunk Driving Trust Fund. The DDTF is funded through the Massachusetts Office of Victim Assistance. The Victims of Drunk Driving Trust Fund grants monies to non-profit organizations that provide services to people who have been directly affected by a Massachusetts drunk driving accident, including witnesses and family members.

Non-Profits Helping Drunk Driving Accident Victims

Several organizations use funds provided by the DDTF to help those who have been involved in a Massachusetts drunk driving accident. These organizations include:

? Community Crisis Response Team
? STEP through LUK, Inc.
? Mothers Against Drunk Driving (MADD)
? DRIVE Program through St. Anne's Hospital
? DDTF Program through ServiceNet
? Mental Health Association of Greater Lowell

Free Services for Massachusetts Drunk Driving Victims

As the victim of a drunk driving accident in Massachusetts, among the free services you may be able to receive are:

? Victim Advocacy
? Case Management
? Individual Counseling
? Group Counseling
? Information and Referrals
? Crisis Intervention
? Support Groups

As an added service, some of these organizations offer their services in multiple languages using bilingual counselors.

Learn more about Massachusetts OUI Laws by visiting our library.

While the services provided by the state of Massachusetts through the Victims of Drunk Driving Trust Fund can certainly be helpful, these services may not be enough to address your needs.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Child's Death Changes Massachusetts' OUI Laws

cphillips@phillipsgarcia.com (Blog Author)26674 — Fri, 12 Feb 2010 08:00:00 EST

A little girl lost her life to a Massachusetts drunk driver on July 25, 2003. Her death has since been memorialized in "Melanie's Law," an addition to the Massachusetts OUI laws that was enacted to strengthen the severity of drunk driving penalties in Massachusetts.

Massachusetts OUI Laws and Melanie's Law

On that day in 2003, 13-year-old Melanie Powell was walking to the beach with her friends. Unknown to them, Pamela Murphy had too much to drink at a nearby bar. Murphy got in her car and drove away at speeds estimated between 45 and 50 mph. As the car approached the children, most of the kids were able to get out of the way in time. Melanie could not. The child died the next day.

Pamela Murphy had been convicted of being in a drunk driving accident once before. In addition, Murphy refused to take a breathalyzer test at the scene of the drunk driving accident.

Pamela Murphy was eventually convicted of vehicular homicide and drunk driving in 2004. Under Massachusetts OUI laws at the time, Murphy was only sentenced to 2 ½ years in prison, followed by 2 years of probation.

On October 28, 2005, Massachusetts Governor Mitt Romney signed "Melanie's Law" to increase the penalties for drunk drivers and those who allow a drunk driver to operate a vehicle under the influence.

Impact of Melanie's Law on Massachusetts OUI Laws

If that same drunk driving accident occurred under today's OUI laws, Pamela Murphy would have served at least 5 years in prison.

In addition to increasing the penalization of Massachusetts drunk driving offenders and those who enable them, Melanie's Law impacts other drunk driving issues, such as:

? Adding penalties for a drunk driver who has a child 14 years or younger in the vehicle
? Adding penalties for a drunk driver who refuses to take chemical tests to determine blood alcohol levels.

To learn more about Massachusetts OUI Laws, read our article Understanding Massachusetts OUI Laws.

Even with tougher prison sentences and penalties for Massachusetts drunk drivers, Melanie's Law and its impact on Massachusetts OUI laws may not be enough to compensate you as drunk driving accident victim.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Personal Injury Protection (PIP) in a No-Fault State

cphillips@phillipsgarcia.com (Blog Author)26673 — Fri, 12 Feb 2010 08:00:00 EST

In no-fault states such as Massachusetts, where the state has moved away from a fault-based system, the idea of Personal Injury Protection (PIP) insurance is fairly common. This agreement can be found in your auto insurance policy as something of an extension. PIP insurance is actually compulsory in no-fault states, including Massachusetts.

Advantages of Personal Injury Protection

PIP insurance allows you to obtain compensation for injuries and lost wages without having to prove an auto accident was the fault of the other driver. This means that several of your needs can be addressed right away without having to become involved in Massachusetts personal injury lawsuit.

Personal Injury Protection allows that several factors can be compensated for without the necessity of proof of fault. These include:

Medical Bills
Lost Wages
Reimbursement of Certain Necessary Services

Disadvantages of Personal Injury Protection

No system is perfect, and PIP insurance is no exception. Because Personal Injury Protection doesn't always allow for the full amount of a car accident victim's injuries and damages, PIP does not eliminate the need for Massachusetts personal injury lawsuits.

Exceptions under Massachusetts No-Fault that allow for personal injury lawsuits include:

If your medical bills top a predetermined monetary threshold
You have been severely injured or permanently disfigured in your crash

Also, PIP insurance does not guarantee that you will receive compensation for car rental fees, towing, or storage fees. These must be worked out with your insurer and the party at fault. This calls into question the No-Fault basis for PIP, because in many cases in which compensation is desperately needed, fault must be determined. This can usually only be done with the help of a legal professional, such as a Massachusetts personal injury attorney.

For more information on Massachusetts No-Fault laws, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620

No-Fault Law Regarding Auto Accidents in Massachusetts

cphillips@phillipsgarcia.com (Blog Author)26672 — Fri, 12 Feb 2010 08:00:00 EST

Even in so-called "no-fault" states, the lack of blame is limited after a car accident. In Massachusetts, one of many no-fault states, you can claim compensation for most damages in an auto accident, with no assignment of fault to the other driver. However, the No-Fault law can only go so far without the blame falling on someone.

This No-Fault perspective, while good in theory, is not always practical in application. Though it ostensibly allows a Massachusetts car accident victim to handle all the disruptive-and sometimes nerve-wracking-affairs of the accident without retaining the services of a personal injury attorney, oftentimes, it does not fully cover an injured party's damages.

Once your medical bills surpass $2,000, your injuries are realized to be permanent, your car's physical damages (both internal and external) need to be paid, or your insurance company gets involved, there will most likely be a party found to be "at fault." At this point, it often may become necessary to contact a qualified Massachusetts personal injury attorney to help you recover the compensation you need.

A Massachusetts personal injury attorney can help you to determine if you are fully covered under Massachusetts No-Fault insurance, or if, in fact, you should pursue additional damages and compensation from either your insurance company, or the insurance carrier for the negligent driver involved in your crash.

For more information on Massachusetts No-Fault laws, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Obstructing Democracy: The Political Right and Left Should Be Jailed for Obstructing Democracy

cphillips@phillipsgarcia.com (Blog Author)26663 — Fri, 12 Feb 2010 08:00:00 EST

Talk about being slapped in the face. The banks and insurance companies are bailed out by hard working Americans who paid their taxes. The reward -- big, fat bonuses to the taxpayer for saving the financial system? No, big, fat bonuses to the executives of the corporations who failed America. Sweet injustice. The disconnect between Wall Street and the working class American is palpable. Sadly, the disconnect between the Washington politicians and the working class American appears to be beyond repair.

The political Right and Left should be charged with obstructing democracy. They are both heading down one-way streets in the opposite direction from the center of town where most Americans are crying for help. The Democratic leadership was invited to the finest dinner money could ever buy and it tripped and fell before it got to the dining room table.  Amazing. They were up by 30, with the other team tired and bewildered, and managed, through tremendous ineptitude and high-fiving on the sidelines, to let the Republicans back in the game.   One of the Democrats first moves should have been to reduce taxes and take the final arrow out of the Republicans' quiver.

The Obama Administration is not much better. It has taken its eye off of what is important. Someone has to let them know that the stimulus money is not making it to Main Street and healthcare reform does not put people back to work right now. People operate in the reality of today as mortgage payments are due on time this month, not some time in the future. Propping-up big business with bail-outs does not help small businesses hire new employees, nor does a $5,000 new hire incentive, which does nothing to pay the new employee's salary for the rest of the year.  How about you waive taxes on small businesses if they invest the money they would have paid in taxes into hiring a new employee or buying equipment. Probably too radical and simple a concept for you. If it does not involve bail-outs and bonuses, it must be a bust. Let the small businessman determine his own fate.

The Republicans, who caused the majority of this financial mess, have found fiscal religion at the same time the juice of eight years of power and malfeasance is still dripping from their lips. They are the epitomy of the word hypocrite. The Republicans are so infatuated with regaining power and control that they cannot even step-up for America and propose constructive ideas for fear of losing ground in the game of disgracing the other party. "If we just keep disgracing the Democrats long enough and prevent them from accomplishing anything, the people will forget what we did and like us again." Both parties are engaged in a pathetic dance of ineffectiveness.

Somewhere in this country there is a third option. Maybe a person will emerge who actually captures and carries the heart and voice of the American people.   We thought that was President Obama, but he lost his way. Can he follow the bread crumbs back to the heart of America?

Bank of America Wrongful Foreclosure on Paid-Up Home

cphillips@phillipsgarcia.com (Blog Author)26656 — Fri, 12 Feb 2010 08:00:00 EST

The St. Petersburg Times ran another story on Bank of America's "foreclosure" on Charlie and Maria Cardoso's home in Spring Hill, Florida. The story emphasized the fact that the Cardosos had paid cash for the house years ago but Bank of America ignored their cries that bank was foreclosing on the wrong house. The online comments to the article capture the tenor of the American people at a time when bank executives and managers are receiving outrageous, SUPER-SIZED bonuses and the average American is struggling to keep their family afloat.

Since we filed the case in federal court for the Cardosos, we have been hearing real life stories of how the foreclosure industry -- and it is a booming industry -- works on the street. In a conversation with a real estate appraiser today, I learned that the companies that have the foreclosure contracts with the banks get paid a relatively small sum to seize the home, winterize it and "trash-out" (remove all possessions from the home and property) the homeowner's possessions. I am told that the contactors trashing-out homes flat-out steal or destroy the homeowner's possessions. We know from news articles that irreplaceable family possessions, such as photos, have been sent to the nearby landfill.

Many banks have grown so big that one department does not even appear to know what the other department is doing. We see this in the case of loan modifications. Homeowners are told by the bank not to make payments on their loan while the loan modification application is pending but the bank proceeds to foreclose, racking-up legal and late fees. The borrower suffers in the end.

There needs to be a moratorium on foreclosurers until the banks establish the policies, practices and procedures to ensure that the people paying the taxes in this country, the middle class, are being treated fairly by the banking institutions they bailed out.

Gathering Evidence After a Car Accident

cphillips@phillipsgarcia.com (Blog Author)26631 — Fri, 12 Feb 2010 08:00:00 EST

Any time you suffer accident injuries or substantial property damage in a Massachusetts car accident, you will likely benefit from the help of a Massachusetts personal injury attorney. Even a minor personal injury suffered in a car accident can have lifelong effects.

If you have been involved in a crash and are considering filing a personal injury claim, there are a few key pieces of evidence that will help your Massachusetts car accident attorney to put together a successful lawsuit.

Listed below are a few components that your personal injury attorney will use as evidence in your car accident lawsuit:

Accident-scene witnesses
Car accident photographs
The other driver's personal information
Your detailed notes on accident
Details regarding weather conditions
Insurance information
Medical records
Medical and accident expense records

In addition to the evidence listed above, remember that your vehicle is evidence. Do not allow the body shop to make the vehicle repairs until after consulting with your Massachusetts personal injury lawyer.

For more information on what to do following a Massachusetts car accident, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Common Mistakes to Avoid After a Massachusetts Car Accident

cphillips@phillipsgarcia.com (Blog Author)26629 — Fri, 12 Feb 2010 08:00:00 EST

Car accidents are without a doubt one of the most traumatic events that can occur in a person's life. If you have been involved in a Massachusetts car accident, you know that panic and disorientation can quickly set in and the disruption to your life can be overwhelming.

Your actions immediately after a car crash and in the weeks that follow can have a serious impact on your ability to pursue a successful Massachusetts personal injury claim. Listed below are a few common mistakes to avoid after a car accident:

Do not give statements to the insurance companies
Do not apologize for the car accident
Do not admit fault
Do not dispose of evidence
Do not refuse medical treatment
Do not fail to file a police report
Do not leave the scene of the accident
Do not forget to take notes regarding the accident

At this critical time, you may be susceptible to making hasty decisions-such as signing an insurance settlement agreement-without a full understanding of the consequences. Some insurance companies will take advantage of your vulnerable state to pressure you into signing settlements that are worth far less than your accident injuries will cost you. Never sign an insurance settlement without the advice of your Massachusetts personal injury attorney.

To learn more about steps to take after a car accident, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

What to Look For in a Massachusetts Personal Injury Lawyer

cphillips@phillipsgarcia.com (Blog Author)26622 — Fri, 12 Feb 2010 08:00:00 EST

Choosing the right Massachusetts personal injury lawyer can make all the difference in your personal injury case. Before retaining the services of any attorney, it's important to consider several vital qualifications, as well as their personality and interest in your specific type of injury claim.

Massachusetts Personal Injury Lawyer Qualifications

A natural starting point for determining the qualifications of your personal injury attorney is to ensure that he or she is licensed to practice law in Massachusetts. After you have made that determination, there are several other points to consider:

Years of experience - How long have they been helping accident victims? How many cases have they won?
Practice areas - Do they have experience with your type of Massachusetts accident?
Free consultations - Have they offered to discuss your injury case for free?
Contingent Fees - Do they collect fees if your personal injury case does not award you a settlement?
Communication skills - You'll be working closely with your attorney for a long time, so it's important that your personalities mesh well and you're your attorney demonstrates that they respect your time and energy by communicating effectively.

For more information on why you need a Massachusetts personal injury attorney, visit our library.

You'll have many concerns after a major accident. Your Massachusetts personal injury attorney should specialize in your type of case and make your life easier by helping you through all of the legal complications of filing a Massachusetts personal injury lawsuit.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Why You Should Speak to a Massachusetts Personal Injury Attorney

cphillips@phillipsgarcia.com (Blog Author)26621 — Fri, 12 Feb 2010 08:00:00 EST

It's understandable that an accident victim may have some reservations about contacting a Massachusetts personal injury attorney. After all, many victims might believe their insurance company will step up to the plate and deliver on their promise of covering medical bills and related expenses. Or perhaps as a victim, you simply want to put your accident behind you as quickly as possible without seeking legal recourse.

Unfortunately, insurance companies almost never pay out settlements that cover the full extent of a serious injury. And it's nearly impossible to truly move on with your life when your accident injuries result in a serious or permanent disability. This is where a Massachusetts personal injury lawyer can help.

Before You Accept an Insurance Settlement

There are several reasons why you should speak to a Massachusetts personal injury attorney or legal representative BEFORE signing any paperwork or agreements with an insurance company. Listed below are a few reasons that having an attorney on your side can help protect your rights:

An insurance company's goal is to recoup loss, not pay out large settlements-even if your injury demands it.
After you accept a settlement from an insurance company you usually waive your right to future compensation, even when the future expense is a direct result of your accident injury.
The other party's insurance company wants to prove the accident was not their client's fault.
After a serious injury, your insurance coverage usually will not cover all of your immediate medical expenses.

For more information on why you need a Massachusetts personal injury attorney, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Tractor-Trailer Crash in Blanford Kills One

cphillips@phillipsgarcia.com (Blog Author)26617 — Fri, 12 Feb 2010 08:00:00 EST

February 12, 2010 - Blanford - One person is dead after a truck accident involving a tractor-trailer and a passenger vehicle on the Massachusetts Turnpike. According to reports from TheBostonChannel.com, 49-year-old Stanley Vaughan died at the scene of the multi-vehicle accident, which occurred on February 5, 2010.

Police say Vaughan was driving on the Turnpike shortly after 10 p.m. when his car crossed into oncoming traffic and hit a tractor-trailer head-on. The driver of the truck did not suffer any injuries, and his name has not been released. Police have not said what caused the car crash.

We send our deepest condolences to the family and friends of Stanley Vaughan. Please keep them in your thoughts and prayers. In accidents such as these, it is always in the best interest of the victim's family to contact an experienced Massachusetts personal injury attorney. The right injury lawyer can ensure that there was not a dangerous condition on the roadway or a fault with the vehicle that may have contributed to the fatal car accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Tow Truck Hits Pedestrian in Worcester

cphillips@phillipsgarcia.com (Blog Author)26616 — Fri, 12 Feb 2010 08:00:00 EST

February 12, 2010 - Worcester - A male pedestrian suffered serious personal injuries on Thursday morning when he was hit by a tow truck while crossing the street. As TheBostonChannel.com reports, the 24-year-old victim was crossing at Institution Avenue and Park Road when the truck accident occurred.

The driver, who works for Pat's Towing, has not been identified, and he was not injured in the accident. The victim was treated for head injuries at UMass Memorial Medical Center, where he is expected to survive. Police are still investigating the pedestrian accident.

We send our thoughts and best wishes to the unidentified victim as he recovers from these traumatic personal injuries. Please keep him and his family in your prayers. In any pedestrian accident, it is imperative that the victim contacts an experienced Massachusetts personal injury attorney right away. If there was negligent behavior involved in the accident, the right injury lawyer can determine if there is the possibility for a civil lawsuit. Massachusetts has a statue of limitations, so these matters should be looked into as soon as possible.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Police Still Looking for Driver in Carver Hit-And-Run

cphillips@phillipsgarcia.com (Blog Author)26614 — Fri, 12 Feb 2010 08:00:00 EST

February 12, 2010 - Carver - A Brockton resident suffered serious personal injuries last Friday when he was struck in a hit-and-run accident, and police say they are still looking for the driver. According to The Enterprise, 52-year-old Richard Madden was standing on the side of the road on Route 44, attending to a problem with his vehicle, when he was hit by an unidentified car. The driver of the car did not stop after the accident.

A passing motorist, 20-year-old Chris Biggs, saw Madden lying in the shoulder, and he made the victim a makeshift tourniquet to stop the bleeding from a serious leg injury. Madden was later airlifted to Boston Medical Center, where his left leg was amputated. He also suffered a heart attack during the ordeal. Police are still investigating the car accident.

We send our thoughts and best wishes to Richard Madden and his family as he recovers from his serious personal injuries. Please keep Madden and his family in your prayers. It would be in the best interest of the Madden family to contact an experienced Massachusetts personal injury attorney right away. A personal injury lawyer can help make sure that those responsible for this horrific accident are held accountable.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Holyoke Police Officer Dies From Complications of December Accident

cphillips@phillipsgarcia.com (Blog Author)26613 — Fri, 12 Feb 2010 08:00:00 EST

February 12, 2010 - Holyoke - A decorated police officer with the Holyoke Police Department died Thursday as a result of injuries he suffered in a December car crash. According to MassLive.com, 53-year-old David Zolendziewski was injured on December 28, 2009 when his police car struck a patch of ice and hit a tree.

Zolendziewski was treated at Baystate Medical Center with serious personal injuries, but he appeared to be on the mend over the last few months during his rehabilitation at Healthsouth Hospital. Sadly, Zolendziewski suffered complications on Thursday and died at Baystate Medical Center. He served with the Holyoke police force for 23 years.

We offer our deepest condolences to the family of David Zolendziewski and the entire Holyoke Police Department for their tragic loss. Please keep Zolendziewski's family and friends in your prayers. It would be in the best interest of the victim's family to contact an experienced Massachusetts personal injury attorney, who can ensure that there were not any additional circumstances that led to this tragic death.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

What To Do In a Sudden Acceleration - Five Steps That Could Save Your Life

agarcia@phillipsgarcia.com (Blog Author)26587 — Thu, 11 Feb 2010 08:00:00 EST

During the last several weeks we have heard some real-life harrowing stories from people whose Toyotas have suddenly taken off on them reaching speeds close to 100 mph! It's known as an unintentional sudden acceleration because it can happen even when your foot isn't on the gas pedal of the car. And, it can be terrifying if it happens to you.

So what do you do if you're driving along one of the local streets or highways and your car suddenly accelerates. One consumer told me that when it happened to him he tried putting his foot under the gas pedal and pulling up on it - but that didn't help slow the car down at all.

The Consumer Reports Auto Test Center and the Toyota Help Center recently released five steps that you can do to help bring a runaway vehicle safely to a stop.

Step 1 - Brake Firmly. Do not pump on the brake pedal and do not turn off the engine yet because doing so disables the power assist for your steering and brakes.

Step 2 - Shift the Transmission Into Neutral. Don't worry if the engine revs up since most cars have systems to help limit damage from over-revving.

Step 3 - Steer to a Safe Location to Stop. If you're on the highway try to get over to the break down lane or a median. If you're on a street, get over to the shoulder. Try to avoid stopping in the middle of the highway or street - this could be just as dangerous as the sudden acceleration.

Step 4 - Turn Off the Engine With the Car in Neutral.

Step 5 - Put the Transmission into Park. Or, if you have a manual transmission, set the emergency brake.

Every consumer that has told me about their sudden acceleration has admitted that it is terrifying. So, once you get the vehicle safely over to the side of the road and stopped, breathe deeply and try to remain focused. Then call for help. Your safety and the safety of your family should be your number one priority.

If your car has suddenly accelerated on you, the Massachusetts personal injury and class action attorneys at Phillips & Garcia want to hear your story. We are committed to protecting your best interests and helping you collect any damages to which you are rightfully entitled. To share your story with us, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Randolph Resident Sentenced in Fatal OUI Car Accident

cphillips@phillipsgarcia.com (Blog Author)26549 — Thu, 11 Feb 2010 08:00:00 EST

February 11, 2009 - Randolph - A driver who killed a 25-year-old teacher in a car accident while he was under the influence of drugs was sentenced Wednesday in Norfolk Superior Court. According to the Patriot Ledger, 30-year-old Eric Lum was sentenced to five years in prison for the death of Alison Regan.

The fatal car accident occurred last August. Eric Lum was driving on Route 28 when he crossed into oncoming traffic and hit a car driven by Alison Regan head-on. Later testing showed that he was under the influence of drugs when the car accident occurred. After he serves his jail sentence, Lum, who had previous drugged driving convictions, will face an additional five years probation.

We hope that the sentencing of Eric Lum will bring some sense of closure to the family and friends of Alison Regan. Please keep Regan's family in your prayers during this difficult time. It would be in the Regan family's best interest to contact a Massachusetts personal injury attorney, who can determine if there is the possibility for a civil lawsuit. There is a statue of limitations in Massachusetts, so a civil lawsuit may not be possible if too much time has passed since the accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Multi-Vehicle Accident in Danvers Injures One

cphillips@phillipsgarcia.com (Blog Author)26548 — Thu, 11 Feb 2010 08:00:00 EST

February 11, 2010 - Danvers - One person was injured in a multi-vehicle accident on Tuesday in Danvers, WHDH.com reports. The accident occurred when a passenger vehicle rolled over on Route 95. After rolling over, the car struck another passenger vehicle and a semi-truck.

The driver of the car was injured, but police have not released the identity of the unknown victim. Danvers police are still investigating what caused the car to rollover. No other injuries were reported.

We send our best wishes to the unidentified victim as they recover from their personal injuries. Rollover accidents can be particularly traumatic for the injured.

In any rollover accident, it's imperative to contact a Massachusetts personal injury attorney, who can determine if there was a dangerous condition on the roadway or a fault with the vehicle. If so, the injured may be able to file a civil lawsuit against those responsible, which would help the victim pay medical bills.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Driver Injured in Walpole Single-Vehicle Crash

cphillips@phillipsgarcia.com (Blog Author)26547 — Thu, 11 Feb 2010 08:00:00 EST

February 11, 2010 - Walpole - A single-vehicle accident on Wednesday morning resulted in injuries to one Walpole resident. According to the Patriot Ledger, 25-year-old Joseph Digiantommaso was injured when he crashed his car on Route 1 shortly after 1 a.m.

Digiantommaso was driving a Toyota Tercel when the car hit a guardrail and then caught fire. He was transported to Norwood Hospital with non-life-threatening injuries, where his condition is currently unknown. Walpole police are still investigating the car accident, and they have not said what caused the car to crash into a guardrail.

We send our best wishes to Joseph Digiantommaso as he recovers from his personal injuries. Please keep him in your thoughts. In any single-vehicle accident, it's imperative to contact an experienced Massachusetts personal injury attorney, who can determine if there was a dangerous condition on the roadway or a fault with the vehicle. If so, the injured may be able to file a civil lawsuit against those responsible, which would help the victim pay medical bills.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Barnstable Teen Charged in Alcohol-Related Crash

cphillips@phillipsgarcia.com (Blog Author)26545 — Thu, 11 Feb 2010 08:00:00 EST

February 11, 2010 - Barnstable - A Barnstable teenager is facing charges after the car he was driving crashed into a utility pole early Saturday morning. As the Cape Cod Times reports, 18-year-old Jeremiah Wallace has been charged with driving to endanger, in addition to charges related to having alcohol as an underage minor.

Wallace was driving a Honda Civic on Patriot Way in Barnstable around 5 a.m. when the car veered off the road and hit the pole. Two passengers in the car suffered serious personal injuries, but Wallace was unharmed. Police have not said if speed was a factor in the car crash, but they did note that they found unopened alcohol in the vehicle. The victims' conditions are currently unknown and their identities have not yet been released.

We send our best wishes to the unidentified victims as they recover from their personal injuries. It would be in the best interest of the victims' families to contact an experienced Massachusetts personal injury attorney. The right personal injury lawyer can help ensure that the driver is held responsible for his negligent driving, and could also help the victims receive reimbursement for their injuries.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Drunk Driving Suspected in Manchester Single-Vehicle Crash

cphillips@phillipsgarcia.com (Blog Author)26494 — Wed, 10 Feb 2010 08:00:00 EST

February 10, 2009 - Manchester - Police believe 21-year-old Nezihe Hewson was drunk when she crashed her car Saturday morning on Bridge Street. According to a report in the Gloucester Times, the accident occurred shortly after 5 a.m. when Hewson struck a fence, which caused her vehicle to rollover.

During the rollover accident, the car hit a nearby home. First responders found Hewson lying outside the vehicle and believe she was ejected during the accident. Hewson was airlifted to Beth Israel Hospital with non-life-threatening injuries. Police have not said if she will face any charges in addition to drunk driving.

We wish Nezihe Hewson all the best in her recovery from her personal injuries. In any single-vehicle car accident, it is always a good idea to contact an experienced Massachusetts personal injury attorney, who can determine if there was a dangerous condition on the roadway. In some cases, and especially in vehicle rollovers, there could also be a fault with the vehicle that contributed to the accident.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Man Charged in New Bedford Pedestrian Death

cphillips@phillipsgarcia.com (Blog Author)26492 — Wed, 10 Feb 2010 08:00:00 EST

February 10, 2009 - New Bedford - The driver in a fatal pedestrian accident in New Bedford has been charged with vehicular homicide. According to South Coast Today, 40-year-old Benjamin Fuertes was negligent when he hit and killed 58-year-old Manuel Sousa on Brock Avenue last week.

Sousa was crossing the street at the time of the car accident, which occurred at approximately 7:30 a.m. on February 4, 2010. Fuertes was driving a Jeep Grand Cherokee that was caked with dirt, including the windshield, according to police. Manuel Sousa was initially treated at a local hospital before being airlifted to Boston, where he unfortunately succumbed to his injuries.

We send our deepest condolences to the Sousa family, who are experiencing such a tragic loss. It would be in the best interest of the Sousa Family to immediately contact an experienced Massachusetts personal injury attorney, who can ensure that those responsible for the fatal accident are held responsible. If necessary, the Sousa family could file a wrongful death lawsuit against the driver.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Charges Likely in Milton Rollover Accident

cphillips@phillipsgarcia.com (Blog Author)26491 — Wed, 10 Feb 2010 08:00:00 EST

February 10, 2009 - Milton - Four people were injured early Monday morning when a Mercury Sable flipped over on the Blue Hills Parkway. As reported by the Patriot Ledger, the accident occurred around 1:30 a.m. when the Mercury hit a median and rolled over.

The driver of the car, 20-year-old Elizabeth Canty, is expected to be charged in the single-vehicle accident, although police have not said what charges she will face. Three other people were injured in the rollover crash, including 19-year-old Joseph Lynch, 18-year-old Cody Clark, and 19-year-old Ryan Garland. One of the injured victims suffered serious injuries, while the other injuries were described as non-life-threatening.

We wish all of the injured victims the very best for a speedy recovery. It would be in their best interests to contact an experienced Massachusetts personal injury attorney, who can hold the perpetrator of the car accident accountable. A personal injury lawyer will fight for the injured victims so they receive compensation for their pain and suffering, in addition to medical costs.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Two Injured in MBTA Crash in Boston

cphillips@phillipsgarcia.com (Blog Author)26489 — Wed, 10 Feb 2010 08:00:00 EST

February 10, 2009 - Boston - Two people suffered personal injuries when two MBTA trains collided on the Green Line Tuesday morning. According to TheBostonChannel.com, the accident occurred shortly after 9 a.m., when two Green Line trains crashed into each other near Boylston.

Even though the trains were traveling slowly at the time of the accident, police believe two people were injured in the trash collision. In total, approximately 200 people were on the trains during the train crash. One train operator has claimed responsibility for the crash, but the MBTA still temporarily suspended four employees while they are tested for drugs and alcohol.

We are thankful that this potentially serious train accident did not cause any severe injuries. However, those injured should immediately contact a Massachusetts personal injury attorney, who can determine if there is the possibility for a civil lawsuit. Even seemingly minor injuries can transform into larger problems down the road, and it's imperative that the victims receive compensation for their injuries.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

School Bus Crash in Falmouth Injures One

cphillips@phillipsgarcia.com (Blog Author)26420 — Tue, 09 Feb 2010 08:00:00 EST

February 9, 2009 - Falmouth - A school bus from the Falmouth Public School District was involved in an accident Monday afternoon, according to a report on ABC6.com. Few details have been released by police, but we do know that the accident occurred when a passenger vehicle rear-ended the school bus, which was carrying 12 students at the time.

The school bus accident occurred just after 3:00 p.m. as the bus was transporting students home at the end of the school day. Several minor injuries were reported, and the car's driver was treated for non-serious injuries at Falmouth Hospital. It is not currently known if any students suffered injuries during this bus crash. The identities of the victims have not been released.

We are thankful that this school bus accident did not cause any serious injuries, and we offer our best wishes to the car's driver and all of the students on the bus for a quick recovery from their injuries. Even though the injuries were reported to be minor, it would be in the students' families' best interest to contact an experienced Massachusetts personal injury attorney. Even minor injuries can lead to bigger problems down the road.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

More Details Released on Drunk Driver Who Killed Methuen Jogger

cphillips@phillipsgarcia.com (Blog Author)26419 — Tue, 09 Feb 2010 08:00:00 EST

February 9, 2009 - Methuen - Prosecutors with the Lawrence District Court say 23-year-old David Diaz was not only drunk but also asleep when he hit and killed 56-year-old Lay Bou, who was jogging along Route 110 at the time of the accident.

According to The Eagle Tribune, Diaz told police he had "several beers" in the period between 3 a.m. and when the accident occurred Friday morning. His blood-alcohol content was still highly elevated even two hours after the crash. Diaz is facing drunk-driving charges as a result of this fatal pedestrian accident.

Police have also released more information about the victim of this tragic accident. Lay Bou leaves behind seven children. He was also a frequent jogger who regularly ran along Route 110.

We offer our deepest sympathies to the family of Lay Bou, who are suffering as a result of this tragic accident. It would be in the Bou family's best interest to contact a Massachusetts personal injury attorney who has experience with fatal pedestrian accidents. If necessary, a qualified lawyer can help the family file a civil lawsuit against the drunk driver, which can help them obtain reimbursement for pain and suffering, in addition to funeral costs.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Teenager Hit by Car While Walking in Crosswalk in Mattapan

cphillips@phillipsgarcia.com (Blog Author)26418 — Tue, 09 Feb 2010 08:00:00 EST

February 9, 2009 - Mattapan - An unidentified 13-year-old boy is receiving treatment for personal injuries at Boston Medical Center after he was hit by a car while crossing the street in a crosswalk. According to The Boston Globe, the pedestrian accident occurred shortly after 7 a.m. on Monday.

The boy was walking on a crosswalk at the intersection of Babson and Norfolk streets when he was hit by an unidentified driver. The boy, who is a student at Mildred Avenue Middle School, suffered serious injuries, but he is expected to survive. Police are not expected to charge the driver in this serious pedestrian accident.

We offer our best wishes to the teenager and his family for a quick recovery from his injuries. It would be in the family's best interest to contact an experienced Massachusetts personal injury attorney, who can help the family examine the evidence in the case and explain their legal options.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Preparing to Meet With a Class Action Attorney for the First Time

cphillips@phillipsgarcia.com (Blog Author)26397 — Mon, 08 Feb 2010 08:00:00 EST

If you've recently thought about filing a class action lawsuit against an employer, insurance company, credit card company, or corporation that you believe has violated your consumer rights, you probably have a lot of questions about what to expect during your initial meeting with your Massachusetts class action attorney.

When planning to meet with a class action lawyer for the first time, a bit of preparation might help you alleviate some of the fears and anxieties associated with pursuing this type of complicated lawsuit.

An important part of preparing for your meeting includes gathering relevant documents that your attorney will need in order to evaluate whether or not you qualify for a class action claim. The documents he or she will need may vary depending on the type of class action that you are pursuing.

Listed below are a few of the documents that your class action lawyer may need during your first meeting, based on type:

Credit card scams, interest rate hikes, and fees - Statements with suspicious or disputed charges; the credit card company's terms of service; correspondence to or from the company and financial statements of how the errors impacted you. Also bring older statements to demonstrate interest rate hikes or fees.
Phone and cable termination and reinstatement fees - Evidence of past payment, including canceled checks or bank statements; copies of any bills and terms of service.
Wage and hour and employee misclassification cases- Any employee contracts or handbooks; copies of past pay stubs; financial records that demonstrate the negative impact on your livelihood.

These are just a few of the types of documents that your class action lawyer may need to review during your first visit. It is very likely that he or she will request additional documents that are more specific to your case. When you schedule your initial consultation with a class action lawyer, ask what types of evidence they will need to see.

To learn more about working with a class action attorney, refer to our article What to Expect When Meeting With a Class Action Attorney.

If you have been ripped off, cheated or harmed by a large corporation, the Massachusetts class action attorneys at Phillips & Garcia will fight for your rights! We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact us today to schedule your FREE legal consultation - (877) 892-5620.

Finding a Qualified Massachusetts Class Action Attorney

cphillips@phillipsgarcia.com (Blog Author)26396 — Mon, 08 Feb 2010 08:00:00 EST

Taking on a large corporation or company that has committed some type of fraud or injustice against you and other consumers is no small feat. Class action lawsuits are a very specialized type of civil suit, and require an attorney with experience in handling complex cases with numerous plaintiffs with varying case details and circumstances.

Because filing a class action lawsuit comes with so many complications, it is wise to exercise caution when choosing your Massachusetts class action attorney. Proximity to your legal team might very likely be a chief concern. If you live in Massachusetts, finding a lawyer within the state may save you time, energy and resources as you are in the various stages of your class action lawsuit.

You might use your initial meetings with your potential class action attorney to determine if he or she is the best choice for your needs. Ask lots of questions about the specific types of class action lawsuits that they have tried and won, and what types of damages they have helped their plaintiffs recover.

It is also important to pay close attention to how your Massachusetts class action attorney responds to your concerns and case details.

A qualified class action attorney will:

Request to see documentation relating to your case
Listen very carefully to what you say about your situation
Not offer any specific promises about the outcome of a trial or your potential winnings without first investigating the circumstances of your case

To learn more about working with a class action attorney, refer to our article What to Expect When Meeting With a Class Action Attorney.

If you have been ripped off, cheated or harmed by a large corporation, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620. The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life.

Parents of Danvers Teen Hit by Truck Report Improvement

cphillips@phillipsgarcia.com (Blog Author)26367 — Mon, 08 Feb 2010 08:00:00 EST

February 8, 2009 - Danvers - The parents of a teenager who was hit by a cement truck in Danvers last week report that the boy is healing well. Police have also released the name of the driver who hit the boy, 62-year-old Ronald Olsen, who works for Benevento Concrete Corp. The investigation is still ongoing, and it is currently unclear if charges will be filed in this pedestrian accident.

According to reports in the Boston Globe, 17-year-old Mike Philbrook was hit around 7 a.m. as he crossed Maple Street on foot. His parents told the Danvers Herald that Philbrook is expected to make a full recovery. Philbrook suffered a broken pelvis and lacerations, but his parents report that he has no other broken bones or serious injuries, and he is in "good spirits." Philbrook was treated at Massachusetts General Hospital. He is a student at North Shore Vocational School, where administrators scheduled counseling sessions for students.

We offer our best wishes to Mike Philbrook for a quick and complete recovery. Please keep his family in your prayers as he recovers from this horrific accident. Even while the Danvers Police Department continues their investigation, it would be in the Philbrook family's best interest to contact an experienced personal injury attorney.

Why You Need a Massachusetts Personal Injury Lawyer

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Drunk Driver Kills a Pedestrian in Methuen

cphillips@phillipsgarcia.com (Blog Author)26362 — Mon, 08 Feb 2010 08:00:00 EST

February 8, 2009 - Methuen - Methuen police have arrested the driver in a fatal pedestrian accident that occurred on Friday morning. According to The Eagle Tribune, 56-year-old Lay Bou was jogging along Lowell Street Friday morning when he was hit by a car driven by 23-year-old David Diaz.

Bou was taken to Lawrence General Hospital for treatment, but his personal injuries were too severe and he was pronounced dead shortly after the car accident. David Diaz was taken to Holy Family Hospital, where he was treated for minor injuries. Police have charged Diaz with motor vehicle homicide and drunk driving. If convicted, he could face up to 15 years in jail.

We offer our sincerest and deepest condolences to the family of Lay Bou. Our thoughts are with his friends and family during this difficult time. It would be in the Bou family's best interest to contact an experienced Massachusetts personal injury attorney who can ensure that the driver in this fatal drunk driving accident is held responsible. In addition to a criminal trial, the victim's family may bring a civil lawsuit against the negligent driver.

Why You Need a Massachusetts Personal Injury Lawyer

Fatal Massachusetts Turnpike Accident Kills One

cphillips@phillipsgarcia.com (Blog Author)26361 — Mon, 08 Feb 2010 08:00:00 EST

February 8, 2009 - Blandford - One man is dead after a fatal accident on the Massachusetts Turnpike in Blandford on Friday night. According to reports in the Boston Globe, the victim was driving a Pontiac Sunfire when it crossed the median and slammed head-on into an oncoming semi-truck.

The accident occurred shortly before 11 p.m. on Friday. Police have yet to release the identity of the driver, who died at the scene. The driver of the semi-truck, 52-year-old John Chamberlain, was not seriously injured and did not require hospital treatment. Police in Blandford are still investigating the accident. No charges have been filed.

We offer our sincerest and deepest condolences to the family of the unidentified victim. Even while the Blandford Police Department continues their investigation of this fatal accident, it would be in the victim family's best interest to contact an experienced Massachusetts personal injury attorney. In any fatal accident, it's important to determine whether or not there was a condition on the roadway or a mechanical malfunction that could have contributed to the crash.

Why You Need a Massachusetts Personal Injury Lawyer

Class Action Against American Airlines Expands Beyond Boston

cphillips@phillipsgarcia.com (Blog Author)26269 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Boston, Mass. - Skycaps who believe their employer is responsible for the loss of their tips may join a class action lawsuit against American Airlines. The case originated in Boston, but now extends to skycaps from around the country.

According to The Washington Post, the plaintiffs said that because the airline implemented a $2 curbside baggage fee, the skycaps have lost many of the tips usually offered to them by customers. U.S. District Court Judge William Young certified the class action suit on Thursday.

The Massachusetts class action lawsuit was initiated 1 ½ years after a jury approved an award of $325,000 in lost tips to nine Massachusetts skycaps. All are former employees of American Airlines. At this time, 85 airports now have skycaps seeking damages because of the baggage fees.

Of course, American Airlines does not agree with the court's decision to award damages to those involved in the Massachusetts class action lawsuit. The lawsuit-which addresses employee rights-could add up to millions of dollars paid out to the airline employees, who lost valuable income because of American Airlines practices.

If you believe that your employee rights have been violated, or that you have been the victim of consumer fraud, you may be considering a class action lawsuit. The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been ripped off, cheated or harmed by a large corporation, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Massachusetts No-Fault Personal Injury Insurance and Negligence

cphillips@phillipsgarcia.com (Blog Author)26261 — Fri, 05 Feb 2010 08:00:00 EST

Being in a car accident is no small matter. After seeking treatment for the injuries you sustained, you will need to determine how you will be compensated for your losses. Massachusetts is one of the few states that have a No-Fault insurance law, meaning your insurance company has provisions to award you with compensation following a serious car accident. Unfortunately, this amount may not be enough to cover your medical bills and other expenses.

If this is the case, you may need to file a Massachusetts personal injury lawsuit against the party or parties liable for the accident in order to receive the compensation you need.

What Is Massachusetts No-Fault Insurance?

No-Fault insurance places the liability of the accident in the hands of each party. Your insurance company is responsible for covering your losses. Therefore, you will seek initial reimbursement from your insurance company. The policy does not take into account which party is at fault.

Massachusetts is one of the12 states-including New York and Florida-with a No-Fault law. Massachusetts also operates under a quantitative monetary threshold that requires a specific monetary amount to be spent on medical expenses.

Personal Injury Negligence

Massachusetts personal injury lawsuits are determined by the negligence involved in car accidents. Although No-Fault insurance considers the insurance companies to be liable, negligence can still be attributed to the driver who injures you in an accident. If the driver acts carelessly and is unable to protect you from harm, then their conduct is considered negligent according to the American Bar Association.

Speaking to an experienced Massachusetts personal injury lawyer after your accident can help you determine who is liable, and help you negotiate with your insurance company and/or file a Massachusetts personal injury lawsuit against the person(s) responsible for your injuries.

For more information on Massachusetts personal injury compensation, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Types of Massachusetts Personal Injury Compensation

cphillips@phillipsgarcia.com (Blog Author)26260 — Fri, 05 Feb 2010 08:00:00 EST

As a victim of a Massachusetts accident, it may be difficult to wrap your head around this new and difficult situation as well as determining what actions are necessary to resolve the matter. Filing a Massachusetts personal injury lawsuit may enable you to recover compensation that will help you pay for medical bills and other related expenses.

The following are a few examples of the types of compensation you may be able to recover through a Massachusetts personal injury claim:

Medical expenses-these include any costs associated with your necessary medical care, both immediately and in the long-term.
Income loss-such as any lost wages you may have suffered. You have the option of being compensated for future wage loss if your injuries resulted in permanent disability .
Emotional damages-result in depression, stress, or embarrassment related to your accident.
Physical injuries-such as a disability, deformity or loss of necessary bodily functions.

These are some of the general categories that will help determine what your accident case is worth, financially speaking. The direct correlation between the types of compensation and your accident should be discussed with your Massachusetts accident attorney as they are specific to the circumstances of each case.

Other potential types of compensation include quality of life issues (if your accident seriously impacted your ability to continue your current lifestyle), and loss of consortium, if your accident causes your family relationship to suffer.

For more information on Massachusetts personal injury compensation, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Determining Liability in a Massachusetts Car Accident

cphillips@phillipsgarcia.com (Blog Author)26258 — Fri, 05 Feb 2010 08:00:00 EST

In a Massachusetts car accident involving two or more parties, it is often clear who is at fault-or, liable-for the vehicle crash. If you've been in a car accident and were not found to be the liable party, you may consider hiring a Massachusetts personal injury attorney in order to file a personal injury claim.

If it isn't clear which party is to blame in the car accident, or if two or more parties are found to share the liability, you may still be able to seek damages by filing a Massachusetts personal injury claim based on the concept of comparative negligence.

Comparative negligence, also called non-absolute contributory negligence, means that an injured party can still recover some damages from their personal injury claim, even if they were found to be partially liable for the Massachusetts car accident.

Listed below are the three different types of comparative negligence in a Massachusetts car accident case:

Pure comparative fault;
Proportional comparative fault at 51%;
Proportional comparative fault at 50%.

A Massachusetts personal injury attorney with experience in handling car accident cases will be able to help you to determine fault and liability for your specific case as well as inform you of all your legal options.

To learn more about filing personal injury claims in Massachusetts, read How Do I File a Personal Injury Claim in Massachusetts?

The Massachusetts personal injury attorneys at Phillips & Garcia are experienced in handling Massachusetts car accident cases and are ready to fight for your rights and help you to win your personal injury claim. Contact the personal injury lawyers at Phillips & Garcia TODAY! - (877) 892-5620.

Types of Compensation Available After a Massachusetts Car Accident

cphillips@phillipsgarcia.com (Blog Author)26256 — Fri, 05 Feb 2010 08:00:00 EST

When filing a personal injury claim in Massachusetts after a car accident, there are a few different types of monetary damages that you may seek. The type of personal injury damages you seek will depend on the outcome of the car accident and will comprise a significant portion of your personal injury claim.

Listed below are the types of damages that may be included a Massachusetts personal injury claim after a car accident:

Medical bills, including those immediately following your accident as well as the long-term medical care your injuries will require
Accident related expenses such as having to build wheelchair ramps for your home, rehabilitation therapy, transportation costs, and so on
Property damage including the repair costs associated with your vehicle
Pain and suffering, which refers to the severity of pain you suffered and how long that pain is expected to last
Negative emotional or mental anguish as a result of the car accident;
Long-term inability to earn money (if permanent injuries were caused);
Lost wages due to work you missed while recovering from your accident injuries

The damages awarded in each case will depend on the severity of each of the factors listed above as well how many parties are liable for your injuries, their insurance coverage, and other considerations. Your Massachusetts personal injury lawyer can help you examine the evidence in your case and help you file a personal injury claim to recoup those expenses.

To learn more about personal injury claims in Massachusetts, read How Do I File a Personal Injury Claim in Massachusetts?

The Massachusetts personal injury attorneys at Phillips & Garcia are experienced in handling Massachusetts car accident cases and are ready to fight for your rights and help you to win your personal injury claim. Contact the personal injury lawyers at Phillips & Garcia TODAY! - (877) 892-5620.

Massachusetts Wrongful Death Lawsuits Compensation

cphillips@phillipsgarcia.com (Blog Author)26255 — Fri, 05 Feb 2010 08:00:00 EST

If you have lost a loved one in a Massachusetts accident, and have considered filing a wrongful death lawsuit, you and your loved ones may have questions about how the compensation is determined and distributed in a Massachusetts wrongful death lawsuit.

In Massachusetts wrongful death lawsuits, the courts use a general formula to determine how the compensation from a wrongful death claim will be distributed amongst the deceased accident victim's survivors.

Listed below are a few highlights from the formula for determining distribution of compensation:

A spouse or same-sex partner receives the entire award if the couple had no children;
Parents receive the entire reward if the deceased was unmarried and/or has no children;
Children receive the entire award if the deceased was unmarried;
If the deceased was married and had children, the spouse receives a proportionate part of the award when all of the individuals are taken into account. For example: if the couple had more than one child, the spouse would receive 1/3 of the award. The remainder of the award would be divided among the children and/or their descendants.
If the deceased had no living spouse, children, grandchildren, or parents, the award is given to the "next of kin" as determined by the court.

Because not every situation may fit into the established formula for determining distribution of wrongful death compensation, a Massachusetts wrongful death lawyer will be able to help you calculate how the damages will be divided in your wrongful death lawsuit.

For more information on Massachusetts wrongful death lawsuits, please visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your wrongful death lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have lost a loved one in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Family of Kenneth Howe Files Wrongful Death Lawsuit Against Police

cphillips@phillipsgarcia.com (Blog Author)26253 — Fri, 05 Feb 2010 08:00:00 EST

Three Massachusetts law enforcement agencies are being sued for wrongful death after the tragic death of a Worcester man on the night before Thanksgiving in 2009.

The family of Kenneth Howe filed the wrongful death lawsuit based on the suspicious events surrounding Howe's death, which occurred while he was being arrested at a sobriety checkpoint in North Andover, Mass.

Howe, 45, was pulled from the vehicle and subsequently beaten by an estimated 10 to 20 police officers. The family asserts that the excessive force was unjustified and photographs taken by a news photographer at the scene show numerous officers standing over Howe's body. Authorities claim Howe-who allegedly had smoked marijuana that night-assaulted a female trooper and tried to flee the scene.

Officials are awaiting the final autopsy results in the case, but the medical examiner has determined that Howe's death was a homicide. "Homicide" does not necessarily mean that a murder occurred, but does signify that Howe was killed by another human being.

The term, "homicide," is intent-neutral and does not infer that a death was wrongful or justified. Therefore, criminal wrongdoing is not implied in a homicide case.

Criminal vs. Civil Court

Thus far, no criminal charges have been filed against any of the law enforcement officers involved in the fatal incident. Because Massachusetts wrongful death lawsuits take place in a civil court, criminal charges are not necessary to file a successful wrongful death lawsuit.

In fact, the plaintiff in a Massachusetts wrongful death lawsuit has a less burdensome standard of proof than the "beyond a reasonable doubt" standard which exists in criminal courts.

To learn more about Massachusetts wrongful death lawsuits, visit our library.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Senior Driver Crashes SUV into Utility Pole in Taunton

cphillips@phillipsgarcia.com (Blog Author)26234 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Taunton - A male driver was seriously injured last Sunday morning after he lost control of his SUV and struck a utility pole.

According to reports in the Taunton Gazette, 67-year-old Roger LeClerk was driving a Ford Escape SUV near the Home Plate Bay Street Grill around 11: 15 a.m. when he struck a utility pole. Police believe a medical condition may have caused LeClerk to lose consciousness at the wheel, causing his SUV to veer into traffic and evenutally crash. Thankfully no other damage or injuries were reported in connection to the car accident.

LeClerk was then transported to Morton Hospital and Medical Center for treatment. We wish Roger LeClerk a quick and complete recovery from his injuries.

Massachusetts Car Accident Attorneys

If you have been injured in a Massachusetts accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Edgartown Woman Killed in Single-Car Crash in Oak Bluffs

cphillips@phillipsgarcia.com (Blog Author)26232 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Oak Bluffs - A woman from Edgartown was tragically killed Monday night in a fiery car accident near a hospital parking lot.

According to reports in The Martha's Vineyard Times, 37-year-old Rachel Dow was driving her 1998 Acura Legend when she lost control of the vehicle and drove into the woods where her vehicle caught on fire around 5:45 p.m.

Witnesses to the fatal car accident told police they saw Dow's car driving in the parking lot, cross the road and crash into the nearby woods. Police believe a medical emergency may have caused her to crash the vehicle and keep her foot on the gas pedal after the crash, which may have led to the car's catching fire.

Dow was unresponsive to emergency crews when they arrived, and was pronounced dead at Martha's Vineyard Hospital.

We offer our sincere condolences to the family and friends of Rachel Dow for their terrible loss.

Massachusetts Car Accident Attorneys

If you or a loved one has been injured in a Massachusetts accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Hit and Run Accident on Route 44 Sends Pedestrian to Hospital

cphillips@phillipsgarcia.com (Blog Author)26230 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Carver - A male pedestrian was injured and sent to the hospital after being struck in the breakdown lane of Route 44 West in Carver in a hit and run pedestrian accident.

According to reports from ABC6.com, 52-year-old Richard Madden was driving a Chevrolet Silverado which he pulled over into the breakdown lane of Route 44 West near Route 58 in Carver. After exiting his vehicle, Madden was struck by an unknown vehicle which then left the scene of the accident.

Madden's injuries are considered serious and he was flown by helicopter to Boston Medical Center for treatment. Police are actively looking for the vehicle that struck Madden. If you know anything about this tragic hit and run accident, please contact State Police Norwell Barracks at 781-659-7911.

We sincerely wish Richard Madden a quick and complete recovery from his injuries.

Massachusetts Car Accident Attorneys

Driver in Intensive Care After I-93 Crash

cphillips@phillipsgarcia.com (Blog Author)26229 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Salem - A male driver who crashed his car on I-93 South on Wednesday is still in intensive care at Brigham and Women's Hospital in Boston.

According to reports in The Eagle Tribune, Mark Cornetta was driving his Mazda sedan on I-93 between Exit 1 and the Massachusetts border around 8:15 p.m. when he lost control of his car, which then left the road and crashed into some nearby trees. Witnesses to the car accident told police they saw Cornetta driving erractically at high speeds just before the car crash took place.

Cornetta was originally taken to Lawrence General Hospital then transferred by helicopter to Brigham and Women's Hospital. The car accident is still under investigation by local police.

We sincerely hope that Mark Cornetta makes a quick and complete recovery form his injuries.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

New Bill Would Restrict Cell Phone Use, Texting in Cars

cphillips@phillipsgarcia.com (Blog Author)26224 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Boston - A new bill is being proposed in Massachusetts that would limit cell phone use by drivers and ban texting altogether in a move to combat distracted driving accidents.

According to reports in The Boston Globe, Massachusetts drivers would only be able to use a cell phone while driving if the cell phone was connected to a hands-free device with voice-recognition dialing. Basically, you would not be able to use your cell phone if you needed to hold it or dial a number manually. The bill also strongly combats texting and if passed, would make sending, receiving, or reading text messages or emails in your car illegal. Drivers would only be allowed to sed text messages, "if the vehicle is stationary and not located in a part of the roadway intended for travel.'

Violations for texting while driving would include $100 fines for a first offense, $250 for a second offense, and $500 for a third. The bill would also provide that drivers who were found be texting when they caused a car accident would be considered "reckless drivers" and face up to 2 years of jail time.

Cell phone use among teenagers would face stricter rules -- no cell phone use or texting whatsoever -- plus the additional of a 180-day suspension of their license or permit in addition to fines and further suspensions for repeat offenses.

We'll have to wait and see if the bill passes as-is and if so, when the new cell phone laws for Massachusetts would go into effect.

Massachusetts Car Accident Attorneys

If you or a loved one has been seriously injured in a Massachusetts car accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Toyota Recall Expands to 9 Million Cars Worldwide

cphillips@phillipsgarcia.com (Blog Author)26222 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Nagoya, Japan - The President of Toyota apologized in a press conference on Friday for the widespread gas pedal and brake issues that have resulted in the recall of over 9 million Toyota vehicles worldwide.

The recent recalls affect a variety of Toyota vehicles and inlcude several different types of defects, such as sticking accelerator pedals, floor mats that could could entangle pedal use, and the most recent issue involving the anti-lock brake system in the Toyota Prius.

You can learn more about the specifics of the Toyota Recall by visiting our library.

Massachusetts Class Action Attorneys

If you are one of the millions of consumers who have been impacted by the massive Toyota recall or have safety concerns about your recalled Toyota car, you may have questions about filing a class action lawsuit. The Massachusetts class action attorneys at Phillips & Garcia will fight for your consumer rights.

We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you are interested in filing a class action lawsuit with a local Massachusetts attorney, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Freetown Receives Grant for New Jaws of Life Tools

cphillips@phillipsgarcia.com (Blog Author)26219 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Freetown - Due to a $35,150 grant from the Department of Homeland Security's Assistance to Firefighters Grant Program, Freetown has received the funds necessary to purchase two new Jaws of Life tools without affecting the town's budget.

According to reportsd in South Coast Today, the grant will be used to replace two current Jaws of Life units that are 30-years-old. Rep. Barney Frank told reporters that he is glad to see Freetown receive this grant as smaller communities tend to get overlooked when it comes to large grant programs.

The new Jaws of Life tools will help local firefighters free victims of car and motor vehicle accidents who are trapped in their vehicles and in need of emergency medical attention. In return for receiving the grant, Freetown will only need to contribute about $2,000 towards the Jaws of Life purchase. The Freetown fire department has also received AFG funds in the past which were used to purchase self-contained breathing apparatus and air packs.

The Assistance to Firefighters Grant Program has provided over $3.5 billion since 2001 to fire departments and emergency management groups across the country to aid in the purchase of equipment, vehicles, gear, and fire prevention activities.

Massachusetts Car Accident Attorneys

Three-Car Crash on Route 128 in Danvers Sends 2 to Hospital

cphillips@phillipsgarcia.com (Blog Author)26216 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Danvers - A three-car accident on Route 128 in Danvers yesterday near High Street sent two people to the hospital after their 2010 Toyota Camry lost control and veered into another lane, striking two other vehicles.

According to reports in The Salem News, the driver and the passenger from the Toyota Camry were not wearing seatbelts at the time of the car accident, and while their injuries are believed to be less serious than originally thought, they were still transported to a local hospital.

The car accident victims in the Toyota have since been identified as 31-year-old Maria Correale and 19-year-old Annabell Gomez. Correale was the driver of the Camry. After a car crash, a dog that was also riding in the Toyota escaped the car and began "running around the highway". Thankfully the dog was captured by a patrolman and seemed uninjured from the car crash.

The drivers of the other two vehicles involved in the multi-car accident were not injured in the accident, which is still under investigation by local police. State police Lt. David Wilson does not believe the car accident is related to the recent Toyota recall.

Massachusetts Car Accident Attorneys

Police Looking for Driver in Methuen Hit and Run Accident

cphillips@phillipsgarcia.com (Blog Author)26213 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Methuen - Police are on the look out for a red Acura Integra they believe was involved in a hit and run accident on Route 110 around 8:30 a.m. this morning.

According to reports in The Eagle Tribune, police were initially called about a pedestrian accident, but upon arriving at the accident scene, quickly realized a car had struck another car that had caused a passenger to be ejected from their vehicle.

The ejected victim of the hit and run accident was set to be transported to a hospital by helicopter until emergency crews realized the victim had gone into "full cardiac arrest", and they were taken to Lawrence General Hospital instead by ambulance with "advanced life support". A second hit and run victim sustained minor injuries and was taken to Holy Family Hospital for treatment.

If you have any information about this tragic hit and run accident, please contact the Methuen Police Department.

We sincerely hope those injured make a quick and complete recovery from their injuries.

Massachusetts Car Accident Attorneys

Drunk Driver Indicted in Fatal Crash That Killed Motorcyclist

cphillips@phillipsgarcia.com (Blog Author)26212 — Fri, 05 Feb 2010 08:00:00 EST

February 5, 2010 - Coventry - A woman who crashed her SUV into a motorcycle last September has been indicted by a Grand Jury on drunk driving charges. The SUV collided with a motorcycle, killing the female passenger.

According to reports in The Providence Journal, Alecia L. Keegan of North Kingstown was indicted on Tuesday on one count each of:

Driving under the influence with death resulting
Driving under the influence with personal injury resulting

The fatal car accident occurred when Keegan was driving her SUV on Flat River Road in Coventry around 1:30 a.m. on September 20, 2009 when she crashed into a motorcycle being driven by James Greenhalgh. His wife, Stephanie Greenhalgh, was a passenger on that motorcycle and was killed in the motorcycle accident. James Greenhalgh sustained non-life-threatening injuries and was treated at Rhode Island Hospital.

Keegan was later released on $15,000 bond. Her arraignment is scheduled for February 19th.

Our condolences go out to James Greenhalgh and his family for their tragic loss. We suggest that the family of Stephanie Greenhalgh consider contacting a Massachusetts personal injury attorney who can advise them of their legal options during this difficult situation, and if necessary, help them file a Massachusetts wrongful death lawsuit.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Reasons to File a Massachusetts Personal Injury Claim

cphillips@phillipsgarcia.com (Blog Author)26193 — Thu, 04 Feb 2010 08:00:00 EST

Some personal injuries sustained in Massachusetts car accidents are so devastating and tragic that the victims will undoubtedly face a lifetime of pain and challenges. When a Massachusetts woman had her arm severed a few years ago in a drunk-driving accident caused by a negligent driver, she forever had her life shaped by the careless decisions of another person.

The drunk driver was a man employed by the 99 Restaurants of Boston, Mass. After being served alcohol at his employer's bar following a kitchen shift, he got into his car with passenger Laurie Clifford, and subsequently collided with a bus. Because of injuries suffered during the Massachusetts drunk driving accident, doctors were forced to amputate Clifford's arm.

The accident victim sued for personal injuries and after a lengthy trial, a Massachusetts court ordered 99 Restaurants to pay Clifford $3.2 million in damages plus an additional $1.8 million in interest.

It's important to know that in Massachusetts, extreme physical injury-such as this victim's tragic loss of a limb-is not the only reason for compensating car accident victims.

If you've been injured in a car accident, you might also experience:

symptoms of post-traumatic stress disorder;
emotional distress;
anxiety;
shock;
damaged relationships; OR
loss of income.

If you have been in a car accident and would like help assessing your personal injury case, you should contact a Massachusetts personal injury attorney right away.

The Massachusetts car accident attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your rights and helping you collect the damages you deserve move on with you life. If you have been injured in a Massachusetts crash, contact Phillips & Garcia today to schedule your FREE legal evaluation with a Massachusetts personal injury attorney - (877) 892-5620.

Claiming Personal Injury in Massachusetts

cphillips@phillipsgarcia.com (Blog Author)26192 — Thu, 04 Feb 2010 08:00:00 EST

If you were recently injured in a Massachusetts car accident, you may be eligible for monetary compensation through a personal injury claim. In addition to any property damages that you suffered because of another driver's negligence, you may also recoup monies spent on:

medical expenses;
time away from work;
physical pain or suffering;
permanent disfigurement or disability; AND
any other expenses that resulted from your injury.

As an accident victim, there are certain measures you can take in order to ensure a fair settlement. Immediately after a car accident in Massachusetts, you should contact a Massachusetts car accident attorney who can help you to evaluate what your Massachusetts personal injury is worth.

In order to ensure that your rights are protected, you will need to determine who is liable for your injuries, what evidence is needed for your trial, whether you should negotiate with an insurer, and whether to accept a settlement offer.

Know that the above mentioned damages and contributory elements will be considered when factoring the value of your Massachusetts personal injury claim.

The Massachusetts car accident attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your rights and helping you collect the damages you deserve and need to move on with you life. If you have been injured in a Massachusetts crash, contact Phillips & Garcia at (877) 892-5620 to schedule your FREE legal consultation today.

81-Year-Old Saugus Pedestrian Killed in Hit and Run Crash

cphillips@phillipsgarcia.com (Blog Author)26173 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Saugus - 81-year-old Christos Agganis was struck and killed by what is being described as a "smaller SUV" in a hit and run accident last week in Saugus.

According to reports in The Boston Globe, Agganis had just stepped off the curb to cross Central Street when he was fatally struck by an SUV around 5:30 p.m. on Thursday, January 28th. Police have no information about the car responsible for the hit and run pedestrian accident other than it being described as a "smaller SUV" that likely has some damage to the right side of the vehicle or the windshield.

If you have any information about this hit and run accident, please contact the Saugus Police Department at 781-941-1100. Police do not think weather was a factor in the crash since the snowfall that evening did not begin until after the fatal car accident had taken place.

We send our sincere condolences out to the family and friends of Christos Agganis and suggest they consult with a Massachsetts personal injury attorney who can advise them of their legal options, and if necessary help them file a Massachusetts wrongful death lawsuit once the driver of the vehicle is located.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Teen Pedestrian Struck By Cement Truck in Danvers

cphillips@phillipsgarcia.com (Blog Author)26169 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Danvers - A high school student was struck by a cement truck this morning in Danvers while crossing Route 62 to get to his bus stop around 7:30 a.m.

According to reports in The Boston Globe, 17-year-old Mike Philbrook was crossing Maple Street (Route 62) near Burley Avenue when he was hit by the cement truck. His injuries inlcude a broken pelvis and he is currently in the intensive care unit at Massachusetts General Hospital, awaiting surgery. Philbrook also sustained a head injury that required stitches.

Police believe Philbrook was walking in the crosswalk at the time of the pedestrian accident and they are not releasing the name of the cement truck driver at this time. The company that owns the cement truck however, has been identified as The Benevento Company of Wilmington.

The pedestrian accident is still under investigation by Danvers police.

We sincerely hope that Mike Philbrook makes a quick and complete recovery from his injuries. We suggest that his family contact a Massachusetts personal injury attorney who can advise them of their legal options, and if necessary, help them file a Massachusetts personal injury lawsuit.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Falmouth Hit and Run Accident Injures 2

cphillips@phillipsgarcia.com (Blog Author)26163 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Falmouth - A hit and run accident that occurred early this morning sent two people to the hospital and snapped a utility pole in half.

According to reports on ABC6.com, a vehicle lost control and struck a utility pole on Sanwhich Road, snapping the pole completely in half. When the occupants of that vehicle got out of the car, another vehicle drove into the downed utility lines, which then became entangled and struck the victims of the first accident. The second vehicle then took off.

Police told reporters that the hit and run vehicle is a dark-colored Jeep Liberty that would have some front-end damage. Police were able to recover a headlight from that vehicle at the scene of the car accident. The two injured victims were transported to Falmouth Hospital with unknown injuries.

If you have any information about this hit and run accident, please contact the Falmouth police.

We wish those injured the best for a quick and complete recovery. Even though the car accident is still under investigation, we suggest that the family of those injured consult with a Massachusetts personal injury attorney who can inform them of their legal rights in this situation.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Marlborough School Bus Crash Injures 17 Students

cphillips@phillipsgarcia.com (Blog Author)26162 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Marlborough, Ma - A school bus crash on Monday in Marlborough injured 17 students when one school bus rear-ended another. The injured students were sent to several hospitals in the area.

According to reports in The MetroWest Daily News, a school bus rear-ended another while in the parking lot of a 4-7 grade school. 17 children were injured as a result of the school bus accident, with injuries that ranged from bloody noses to neck pain. The driver of the school bus told police that some of the children were fighting in the back of the bus and when she looked in her mirror to check on the situation, her bus struck another school bus that had stopped to let a pedestrian cross at a crosswalk.

The school bus did not have seatbelts.

Due to the large number of injured children, victims of the school bus accident were taken to several different area hospitals, but all have since been released. Neither bus driver has been cited for the crash and both returned to work the following day.

We are thankful that such a frightening school bus accident did not lead to any serious injuries or fatalities.

Massachusetts Car Accident Attorneys

If you have been injured in a motor vehicle accident in Massachusetts, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Plymouth Rollover Accident Injures Driver

cphillips@phillipsgarcia.com (Blog Author)26157 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Plymouth - A two-car crash on Sunday night in Plymouth, Massachusetts resulted in one of the vehicles rolling over and sending the driver to a local hospital with personal injuries.

According to reports in The Patriot Ledger, 38-year-old Susan Toto was driving her 2005 Jeep Cherokee on Route 3 near Exit 3 when her vehicle collided with a 1998 Audi around 6 p.m. Toto's Jeep rolled over during the two-car crash and was she transported to Jordan Hospital in Plymouth by emergency crews responding to the car accident.

Thankfully, Toto's injuries are said to be non-life-threatening, but no further information has been provided about her current medical status or the accident injuries/condition of the Audi driver.

We sincerely hope that Susan Toto makes a quick and complete recovery from her injuries.

While the Plymouth police department continues to investigate this car accident, we suggest that the family of Susan Toto consult with a Massachusetts personal injury attorney who can advise them of their legal options and if necessary, help them file a Massachusetts personal injury lawsuit.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Drunk Driver Crashes into Police Cruiser in Norton

cphillips@phillipsgarcia.com (Blog Author)26155 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Norton - A 25-year-old drrunk driver injured a police officer when he crashed his vehicle into the police cruiser after the officer tried to pull him over.

According to reports in The Boston Herald, 25-year-old Timothy Wall Jr. was driving under the influence of alcohol when he passed Officer David Schelps going 70 mph in a 40 mph zone on Route 140 around 1 a.m.

After Officer Schelps was able to get Wall to pull over, Wall put his car in reverse and crashed it into the police cruiser. The car accident caused Officer Schelps to sustain minor injuries. As a result, Wall is now being charged with:

Operating a vehicle under the influence of alcohol (his second drunk driving offense)
Failing to stop for a police officer
Assault and Battery with a deadly weapon

Thankfully no one was killed in this dangerous DUI crash. We hope Officer Schelps makes a quick and compete recovery from his injuries.

Massachusetts Car Accident Attorneys

If you have been injured in a car accident in Massachusetts, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Senior Driver Killed in Hudson Car Crash

cphillips@phillipsgarcia.com (Blog Author)26151 — Thu, 04 Feb 2010 08:00:00 EST

February 4, 2010 - Hudson - 75-year-old Robert Gutman was killed in a head-on collision with a pickup truck last Saturday morning in Hudson, Massachusetts.

According to reports in The MetroWest Daily News, Gutman was driving his Toyota on Coolidge Street when a pickup truck driven by 22-year-old Nicholas Fowle allegedly crossed over the center line and hit Gutman's car head-on.

Robert Gutman was pronounced dead at the scene of the fatal head-on collision while Fowle was transported to UMass Memorial Medical Center. No updates have been provided about Fowle's current medical condition.

We send our sincere condolences to the family and friends of Robert Gutman for their loss. We also wish Nicholas Fowle a quick and complete recovery for his injuries.

While the Hudson police department continues to investigate this fatal car accident, we suggest that the family of Robert Gutman consider contacting a Massachusetts personal injury attorney who can advise them of their legal options during this difficult situation, and if necessary, help them file a Massachusetts wrongful death lawsuit.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Bank of America Bonuses to Top $4 Billion

agarcia@phillipsgarcia.com (Blog Author)26136 — Thu, 04 Feb 2010 08:00:00 EST

Bank of America, the nation's largest lender, announced that it will pay its investment banking employees bonuses for 2009 that total about $4.4 billion. Reports estimate that this represents an average bonus of $400,000 each since the investment unit employs approximately 10,000 people. According to a report in Bloomberg News, unidentified sources say that top Bank of America performers in global banking and markets will receive bonuses of about $5 million, while managing directors will get $2.5 million to $3 million.

Bank of America reportedly reaped $6.3 billion in profits in 2009 despite the lagging economy and a record number of Americans losing their homes to foreclosure.

Meanwhile, Bank of America has been making headlines for a number of wrongful foreclosures, claims that involve homeowner allegations of Bank of America seizing homes where the homeowners actually had no banking relationship with BoA.

Wrongful Foreclosure Attorneys

The Massachusetts wrongful foreclosure attorneys at Phillips & Garcia will fight for your consumer rights against banks that have wrongfully seized your home. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you think that you've been the victim of a wrongful bank foreclosure, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Two-Car Accident in Falmouth Seriously Injures Teen

cphillips@phillipsgarcia.com (Blog Author)26116 — Wed, 03 Feb 2010 08:00:00 EST

February 3, 2010 - Falmouth - A 17-year-old girl was seriously injured after being involved in a head-on collision with another vehicle around 1 a.m. last Sunday evening.

According to reports in the Boston Herald, 17-year-old Clorissa Ann Decosta-Hicks was driving by herself in a 2000 Saturn when a Ford Taurus being driven by 21-year-old Edmund Lopes veered into the eastbound lane and the two cars collided at Brick Kiln Road and Route 28.

Decosta-Hick's car was actually pushed backward several feet and Lopes' car rolled over several times before landing on its roof. Both of the drivers were seriously injured in the two-car crash and had to be pulled out of their vehicles by rescue workers. Decosta-Hicks reportedly sustained serious injuries to her legs and was transported to Beth Israel Deaconess Hospital along with Lopes. There has been no updates to their current conditions.

Police believe speed was a major factor in the Falmouth car crash and have stated that Lopes will be criminally cited for his involvement in the two-car accident.

We sincerely hope that both victims of this tragic car accident make a full recovery from their injuries.

While the Falmouth Police continue to investigate this accident, we suggest that the family of Clorissa Ann Decosta-Hicks consult with a Massachusetts personal injury attorney who can advise them of their legal options and if necessary, help them file a Massachusetts personal injury lawsuit.

Massachusetts Car Accident Attorneys

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Bank Forecloses Despite Paid-Up Loan Modification Agreement

cphillips@phillipsgarcia.com (Blog Author)26006 — Mon, 01 Feb 2010 08:00:00 EST

Since we filed the lawsuit against Bank of America, many consumers have been calling us with their wrongful foreclosure stories. We had suspected that the boom in the foreclosure market had resulted in sloppy bank practices but we could not have predicted what we have been hearing. One particular type of wrongful foreclosure involves foreclosing on a borrower's home after they have signed a loan modification agreement and made all their payments on time.

How does this happen? From what we are hearing, the banks, including Bank of America, have been encouraging borrowers who are behind on their mortgages to apply for loan modifications. For a real life example, a borrower who is behind on a couple of payments calls the bank to bring the loan current. Despite having the money to bring the loan current, the borrower is advised by the bank to apply for a loan modification to reduce payments and told not to make payments while the loan modification application is pending. The problem is that the bank representatives processing loan modifications do not talk to the people (at the same bank) who handle collections and foreclosures. The right hand of the bank is proceeding to foreclosure, racking-up legal fees in the process, while the left hand of the bank is "processing" the loan modification agreement where it told the borrower to stop making payments.

An additional problem is that the loan modification application may be pending with the bank for several months. According to reports, banks are failing to timely process loan modification requests, despite receiving billions in funds to process applications for loan modifications. A January 19, 2010 story by Paul Kiel at ProPublica reported: "The big names are among the worst-performing servicers. Bank of America, JPMorgan Chase, CitiMortgage and Wells Fargo together account for more than 60 percent of the 3.4 million mortgages eligible for the program. All four have converted a small percentage of the trials begun three or more months ago into permanent modifications. The highest is Wells Fargo, with only 13 percent." The article indicates that Bank of America is the worst offender.

So, back to the story. The borrower's loan modification agreement is finally approved by the bank, but the bank makes the borrower add the $10,000 in legal fees for collection and foreclosure proceedings onto the principal of the loan. This is a borrower who initially called the bank with the money necessary to become current. Capitalizing $10,000 in legal fees onto the principal, which is now paid back over 30 years, is not even the worse part of this story. Despite being up to date on the terms of the loan modification agreement, the bank still forecloses, seizing the home, changing the locks and winterizing the home (a process called "trashing out") causing thousands of dollars in damage. The bank had no right to break into and enter this borrower's home.

These are real stories and they are happening every day in the United States of America, Inc.

Contact One of the Leading Wrongful Foreclosure Attorneys

If you've been the victim of a wrongful foreclosure or a home seizure, the Massachusetts wrongful foreclosure and class action attorneys at Phillips & Garcia want to hear your story. We are committed to protecting your best interests and helping you collect any damages to which you are rightfully entitled. To share your story with us, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Staples Settles Overtime Wage Class Action Lawsuits for $42 Million.

agarcia@phillipsgarcia.com (Blog Author)25931 — Sat, 30 Jan 2010 08:00:00 EST

The giant office retailer, Staples, Inc. recently announced that it reached a $42 million global settlement in several overtime wage and hour class action lawsuits related to the alleged misclassification of its assistant store managers concerning overtime pay. Under the terms of the settlement, which is subject to court approval, Staples will pay to resolve the allegations and avoid further distraction from litigation that has been ongoing for the past three years.

As part of the settlement, Staples also agreed to drop its appeal of a verdict against it last year in New Jersey. In that case, a federal jury in the U.S. District Court ordered Staples to pay nearly $2.5 million to 343 plaintiffs because of similar violations to the Fair Labor Standards Act. The verdit in this previous case will be included in the settlement amount, as will interest and class counsel’s attorney fees.

In the New Jersey case, the plaintiff, a Staples assistant sales manager, claimed that he wasn't compensated for working 50-hour weeks where his job required little skill an no managerial responsibility. Under federal wage laws (and most state wage laws), hourly employees are entitled to "time and a half" wages for every hour worked over 40 hours in a weekly pay period. This rule, hoever, doesn't apply to all employees. An employee who is a bona fide executive, administrator or professional is not entitled to a guaranteed minimum rate or overtime pay.

In order to avoid paying overtime wages, many companies intentionally misclassify individuals under one of these exemptions, when, in fact, they perform basically the same duties as employees paid on an hourly basis. Much of the overtime wage class action litigation over the last decade has been against companies who have claimed that certain employees are “Managers” or “Executives” when they really have little authority or job responsibilities beyond what other hourly employees have. Similarly, many companies claim that "Assistant Managers" qualify for the management exemption even though the employee has little discretion over the management of the company and/or performs mainly production type work.

If you believe that you' job position has been misclassified by your employer and you aren't being paid overtime wages, Phillips & Garcia wants to hear your story. Contact us now...don't waste another hour of your life for an employer who isn't paying you the proper overtime wage.

Wrongful Foreclosures and the "Trashing Out" of the American Dream

agarcia@phillipsgarcia.com (Blog Author)25915 — Fri, 29 Jan 2010 08:00:00 EST

The term "trashing out" in the foreclosure world, refers to the process of entering a home that's been seized by a bank as part of the foreclosure process and then disposing of any of the contents that have been left behind by the home owners. "Trash out" crews literally go into a seized home and haul away anything that is left in the house.

"Trashing out" is not a pretty sight , though, because it literally involves throwing people's possessions and personal property into a dumpster or the local landfill. In a matter of hours, "trash out" crews can blast through a home and dispose of furniture, clothing, family photos, tools and children's games.

In the trash out world, a family's possessions are measured in cubic yards, not memories. Anything over 35 cubic yards of possessions to remove is considered a big job in the industry.

Imagine the injustice then when a home is wrongfully foreclosed on and seized by a bank that has no banking relationship with a homeowner and a "trash out" crew enters the home and disposes of all sorts of meaningful personal possesions. In a larger sense, wrongful foreclosures are the "trashing out" of the American Dream.

Banks are seizing American homes today at an alarming and unprecedented rate. Like a train running down the track, once a bank starts the foreclosure process it can be almost impossible to stop it. And, once a bank has "trashed out" a wrongfully seized home, there's no turning back. We want to hear stories from homeowners whose homes have been "trashed out" and from any former employees who worked on a "trash out" crew.

Phillips & Garcia Fight for Victim of Bank of America Wrongful Foreclosure Case

cphillips@phillipsgarcia.com (Blog Author)25903 — Fri, 29 Jan 2010 08:00:00 EST


ABC News report: New Bedford, Massachusetts couple suing Bank of America for allegedly seizing the wrong home.

Obama Proposes Plan to Prevent Foreclosures

cphillips@phillipsgarcia.com (News Author)13340 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Boston, Mass. - Some politicians are hoping to reduce the growing number of Americans who are being displaced from their homes after succumbing to bank foreclosure. In particular, the hope is to cause a fundamental change in the way lending institutions and banks treat homeowners who are facing a risk of foreclosure.

DailyFinance reports President Obama has proposed a plan to ensure that lenders give every willing homeowner a chance to keep their property. Obama wants to ensure that each homeowner struggling to make their mortgage payments can enroll in the Home Affordable Modification Plan, or HAMP, before foreclosure measures are put into action.

This would prevent banks from foreclosing on a home without making an obvious effort to contact the homeowner several times. It would also be required for banks to attempt to talk to borrowers about HAMP at least 4 times via phone and at least 2 times through certified mail.

The intent is that homeowners deserve to know about the possibility of trial loan modifications, which allow a borrower to get their payment temporarily lowered. Typically, as long as the homeowner pays on-time for 3 months, they may get to stay at the lower payment, allowing them to save their home.

Some banks have been known to withhold this opportunity from homeowners who have otherwise followed protocol. If Obama's plan becomes reality, the hope is that lenders will not be allowed to pull the rug out from under homeowners who are making a concerted effort to avoid foreclosure.

The Massachusetts wrongful bank foreclosure attorneys at Phillips & Garcia will fight for your rights in your bank foreclosure class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Two Lawsuits Filed Against Deceitful Mortgage Lenders

cphillips@phillipsgarcia.com (News Author)13341 — Wed, 10 Mar 2010 08:00:00 EST

March 10, 2010 - Boston, Mass. - Two lawsuits dealing with wrongful bank foreclosure by Wells Fargo and Bank of America in Massachusetts illustrate the widespread problem of unfair foreclosures in the state.

The Charlotte Observer reports that several families that used these banks for trial modifications in an attempt to save their homes were met with resistance and unjust treatment by their lenders.

Because the trial modifications were working to prevent foreclosure for the affected families, they ultimately sought permanent modifications to their loans. Despite the fact that they filled out all the required paperwork and made their payments on time for at least 3 months, the banks have not yet granted the permanent changes to these loans.

This 3-month-trial-period is granted by the Home Affordable Modification Plan (HAMP), but some banks and lenders have been misleading homeowners about this aspect of the process. In these cases, the lender may never make the changes permanent, or will even foreclose on families who have made the lower payments on-time for 3 months.

These cases illustrate that while some homeowners are doing everything they can to save their homes, there are banks that never intend to make their loan changes permanent. This leaves homeowners paying the mortgage on a home that they will not be able to keep, after all.

The Massachusetts wrongful bank foreclosure attorneys at Phillips & Garcia will fight for your rights in your bank foreclosure class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

2010 Likely to Be Up and Down For Bank Foreclosures in Massachusetts

cphillips@phillipsgarcia.com (News Author)13294 — Tue, 09 Mar 2010 08:00:00 EST

March 9, 2010 - Washington, D.C. - Despite the nationwide onslaught of wrongful foreclosures that devastate and displace families, Massachusetts is expected to experience a brief decline in the number of foreclosures this spring.

Huliq reports that in March, Massachusetts will likely see fewer home foreclosures than in recent months, even as most other states notice an increase. This may be because some lenders are working with homeowners via the Home Affordable Modification Program (HAMP).

Homeowners in Massachusetts are not out of the woods yet, as the number of deeds recently increased and unemployment continues to be high. Ideally, the banks and lending agencies will fulfill their promise to work with struggling homeowners to save their properties. If this doesn't happen, it's likely the number of foreclosures could again begin to rise.

Despite the positive outlook, it is too late for many homeowners who have unexpectedly lost their homes after lenders were not willing to work with them. In January, the HAMP reports say that out of 21,435 mortgages, just 2,788 have been modified by lenders, illustrating the continuing uphill battle that homeowners and tenants face when confronting the potential for a bank foreclosure in Massachusetts.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your bank foreclosure case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Billerica Man Suffered Serious Injuries in Lexington Worksite Accident

cphillips@phillipsgarcia.com (News Author)13238 — Thu, 04 Mar 2010 08:00:00 EST

March 4, 2010 - Boston, Mass. - A disabled man who was nearly crushed to death while working on a Massachusetts construction site in 2006 was successful in a personal injury lawsuit against the companies that were responsible for the unsafe worksite.

According to Boston Herald Derrick Daigle, 27-a former laborer with a learning disability-narrowly missed being killed in a Lexington worksite accident in December, 2006. The accident was the result of improperly welded steel on a worksite platform.

The victims' injuries necessitated multiple surgeries to his leg. Additionally, he had to endure several weeks of hospitalization and suffered a bone infection. He will likely have to cope with arthritic joints for the remainder of his life.

The company that constructed the steel was Novel Iron Works and Rose Steel was responsible for erecting it. Both companies are located in Greenland, New Hampshire and were named in the personal injury lawsuit.

If you or a loved one has been injured in a Massachusetts construction site accident, you may be eligible for a personal injury lawsuit. The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Toyota Didn't Properly Investigate Death Involving Acceleration Issue

cphillips@phillipsgarcia.com (News Author)13220 — Wed, 03 Mar 2010 08:00:00 EST

March 3, 2010 - Boston, Mass. - Family members of Juanita Grossman, an elderly woman who died after slamming her 2003 Toyota Camry into a wall in a fatal 2004 crash, have expressed frustration that the car manufacturer failed to properly investigate the unintended acceleration issue at the time of the crash.

The Camry unintended acceleration issue is at the center of the current Toyota recall drama that is playing out around the world. The manufacturer has recalled millions of vehicles, impacting the safety and peace of mind of millions of consumers.

According to Safety Research & Strategies, Inc. rescue crews responding to the 2004 crash noted that Juanita Grossman's feet were firmly planted on the brake pedal even after the car accident. This could be taken to mean that Juanita Grossman tried to stop the car, but to no avail.

A Toyota official was called to the scene of the fatal accident to analyze the evidence. Witnesses say that he performed a visual inspection, but failed to conduct a more technological test. He claimed that the gas pedal was bent, though family members and other witnesses said that it was not.

This response shows a failure early on by Toyota to accept responsibility for the acceleration issue that is now considered to be widespread. Additionally, the speed of the crash was never investigated, no witnesses were sought, and there was no further mention of the fact that rescue crews had found Grossman's feet on the brakes. Such mistakes were repeated in later cases involving Toyota Camrys.

If you have been involved in a car accident involving a recalled Toyota, you may have grounds for a class action lawsuit. The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Medford Man Sues Toyota After Wife Dies in Single-Car Accident

cphillips@phillipsgarcia.com (News Author)13182 — Tue, 02 Mar 2010 08:00:00 EST

March 1, 2010 - Medford, Mass. - A man from Medford, Mass. has filed a lawsuit against Toyota Motor Sales USA., Inc. in connection with a fatal accident involving a recalled Toyota.

According to The Boston Globe, Gerald Murphy, 49, was driving his 2010 Toyota Camry on October 18, 2009 when he experienced an unintended acceleration issue, similar to those experienced by other Toyota drivers.

Gerald Murphy was driving home on Interstate 93, about to exit the freeway, when his car suddenly accelerated despite his pressure on the brake.

The car slammed into a guardrail on the right side of the highway, and then veered across 4 lanes before hitting a cement median barrier. Murphy's wife, Marianne Murphy, 47, suffered fatal injuries in the crash, while Gerald Murphy suffered serious injuries. It was reported that neither victim was wearing a seatbelt at the time of the single-car accident.

A teen in the car sustained minor injuries, while Murphy's adult daughter did not suffer injuries. Both victims were wearing seatbelts in the back seat of the car.

Sources allege that Toyota will likely not take responsibility for the accident, since the company has not done so with other similar accidents related to recalled Toyotas. The Murphy family is seeking $20 million and a jury trial.

If you have been injured in an accident involving a Toyota vehicle, you may be eligible to file a Massachusetts class action lawsuit. The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in your consumer protection case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Icy Roads May Have Played a Role in Fatal Norwood Crash

cphillips@phillipsgarcia.com (News Author)13183 — Tue, 02 Mar 2010 08:00:00 EST

March 2, 2010 - Norwood, Mass. - A Westwood teen died in a single-car accident Saturday night on Winter Street in Norwood, Mass. His two passengers, also teens, suffered personal injuries in the crash.

According to WickedLocal, Paul Hanley, 17, was driving his 2005 Jeep Cherokee while out with friends. At about 12:17 a.m., he struck a utility pole and then crashed into a stone wall. One of the accident victims, Joel Priestly, 17, was found standing outside the vehicle when police arrived. Priestly was transported to the hospital for treatment of minor injuries and has since been released.

The other passenger, Robert Foxx, 19, had to be removed from the Jeep using the Jaws of Life. He was taken to Beth Israel, and is currently in stable condition.

Police continue to investigate the cause of the single-car accident, and authorities said icy conditions at the time of the crash may have been a factor.

Paul Hanley was a well-liked student at Westwood High school, where he played football. A memorial mass held at St. Margaret Mary's Church was well-attended by his peers.

Elderly Man Killed During Stoughton Home Invasion

cphillips@phillipsgarcia.com (News Author)13165 — Mon, 01 Mar 2010 08:00:00 EST

March 1, 2010 - Stoughton, Mass. - An elderly Stoughton man died while defending his wife from an armed intruder on Saturday morning.

The Boston Herald reports Georgios Kontsas, 78, was home with his wife when John M. Rooney, 46, allegedly broke into the house and attacked the elderly couple with a knife.

Authorities said Georgios Kontsas was fatally wounded when he tried to protect his wife, Dorothea Kontsas, 74, during the attack. Dorothea Kontsas was able to escape out the back door and run to a neighbor's home to call the police. Sadly, Georgios Kontsas suffered fatal wounds in the struggle and died before EMTs arrived just after 10:17 a.m.

Dorothea Kontsas was taken to a Boston hospital for the treatment of serious personal injuries, including stab wounds to the neck.

Police continue to investigate the fatal knife attack. Authorities apprehended Rooney and have charged him with assault with intent to murder a person over age 60, assault and battery with a dangerous weapon, armed assault at a dwelling, and murder.

If you or a loved one has suffered serious personal injuries or death because of the actions of another person, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Milford Woman Killed, Passenger Injured in Bates Street Crash

cphillips@phillipsgarcia.com (News Author)13166 — Mon, 01 Mar 2010 08:00:00 EST

March 1, 2010 - Mendon, Mass. - A Milford woman died in a single-car accident early Sunday morning that left her passenger with serious personal injuries.

NewsTelegram.com reports that Leiagh C. McDonald, 22, was driving her Ford Escape on Bates Street at about 1:16 a.m. when authorities believe she lost control of the vehicle, causing it to leave the road. Bates Street is known for its many curves.

The car hit a rock formation, and then crashed into a tree. Leiagh McDonald was ejected from the vehicle and died during the crash. Her passenger, Erik G. Larson, 23, of Milford was transported to Milford Regional Hospital with head injuries. Erik Larson was later transferred to UMass Memorial Medical Center - University Campus in Worcester where he remains in serious condition.

There was one witness to the Mendon car accident, a police officer who was driving from the other direction. The officer captured some footage of the tragic accident on the police vehicle's video camera.

Police continue to investigate the Bates Street crash, but believe that speed may have been a factor.

If you or a loved one has been injured in a Massachusetts accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Credit Card Companies Can Still Profit Off Of Unsuspecting Consumers

cphillips@phillipsgarcia.com (News Author)13178 — Fri, 26 Feb 2010 08:00:00 EST

February 25, 2010 - Washington - The recently enacted Credit Card Act of 2009 does offer a new level of protection for consumers, but that doesn't mean you can relax and trust that they will now watch out for your interests.

Some of the new rules will not prevent credit card companies from generating plenty of profit off of unsuspecting consumers, meaning the public needs to stay vigilant about the dangers of predatory lending practices.

According to ABC News, any methods these companies have not yet enacted could easily be pursued down the line. Some of the actions that ABC hypothesized the credit card companies may do include:

Creating new fees and keeping many of the old ones in place
Unexpectedly raising your minimum payments
Closing your account for several reasons
Increasing your interest rate on new purchases, as long as they provide 45 days notice

Credit card companies are for-profit corporations, not non-profit entities, which means they will constantly be considering more ways to improve their bottom lines. While the Act limits some problems experienced by many cardholders, consumers will likely experience a host of new issues as credit card companies do what they can to recapture lost revenue.

It's been reported that many cardholders have already suddenly had their account closed, interest rates increased, and reward programs eliminated or reduced. Be on the lookout for such actions by your card company in the coming months and know that you have rights as a consumer.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your consumer rights in your credit card company class action case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Tewksbury Woman Dies in Wilmington Two-Car Accident

cphillips@phillipsgarcia.com (News Author)13078 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Wilmington, Mass. - A Tewksbury woman died early Tuesday morning when her vehicle was struck by another car while she was stopped on Route 93.

According to WickedLoca Monique Forster, 22, of Tewksbury, was driving north on Route 93 at about 1:17 a.m. when she suddenly hit a guardrail and came to a stop on the highway. Her car was then struck by a 2006 Honda Accord. Forster suffered fatal injuries in the highway accident and was pronounced dead at Lahey Clinic in Burlington.

Authorities have not yet determined why Forster lost control of the car. The driver of the Accord, Miguel Ortiz-Calderon, 35, of North Andover, suffered serious personal injuries and was transported to a nearby hospital.

Police were forced to close the left 2 lanes of Route 93 for about 2 hours after the car accident. The Wilmington highway accident remains under investigation.

If you've lost a loved one in a Massachusetts car accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your wrongful death case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Man Suffers Serious Injuries After Being Stabbed in Hyannis Altercatio

cphillips@phillipsgarcia.com (News Author)13079 — Thu, 25 Feb 2010 08:00:00 EST

February 25, 2010 - Hyannis, Mass. - A man suffered serious personal injuries when his girlfriend's adult son stabbed him during a heated argument on Tuesday afternoon in Hyannis, Mass.

According to Cape Cod Times Nicholas S. Bradshaw, 20, became frustrated while talking to his mother and some friends about money that was owed to him. When his mother's boyfriend asked him to quiet down, Bradshaw pulled a knife on the victim.

Bradshaw reportedly stabbed the man and removed a picture from the wall and broke it over the victim's head. Authorities said that Bradshaw also had a physical altercation with a friend who had tried to prevent the knife attack. The friend suffered a wrist injury and a severe cut to his hand, and had left the scene to seek treatment at a nearby hospital.

The stabbing victim was transported to Cape Cod Hospital for the treatment of serious personal injuries. Bradshaw was arrested and charged with domestic assault and battery, assault by a dangerous weapon, and two counts of assault and battery with a dangerous weapon. He was arraigned on Wednesday at Barnstable District Court.

Authorities have not yet released the names of the injured victims involved in this assault.

If you've been the victim of a personal assault, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts assault, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Massachusetts Residents Among Those Killed in Florida Bus Crash

cphillips@phillipsgarcia.com (News Author)13035 — Wed, 24 Feb 2010 08:00:00 EST

February 23, 2010 - Boston, Mass. - Authorities have confirmed that 2 of the 3 passengers who died in a fatal charter bus crash Monday were from Massachusetts. The accident occurred at about 2:15 p.m. on Route 27 in central Florida.

The Patriot Ledger reports that one of the victims was John F. Roy, 79, a retired lawyer from Cohasset, Mass. His wife, Dolores, was with him on the bus, and suffered serious personal injuries in the crash.

Joan Horsch, 78, also died in the rollover bus accident. Horsch was originally from Weymouth, Mass., but moved to Virginia 10 years ago to be closer to her 4 children. Many of the 32 passengers aboard the bus were from the Boston or New York areas.

Authorities said the bus crash was caused when a car driven by Betty J. Adams, 81, did not yield to traffic when entering the highway. As a result, Adams struck the side of the charter bus.

Adams was not injured in the crash, but nearly all 32 passengers aboard the bus suffered serious personal injuries, with 3 victims remaining in critical condition. Police have not yet released the names of the injured victims in the crash.

If you or a loved one has suffered serious personal injuries in a bus or car accident, you may be entitled to collect damages for your injuries. The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

3 Massachusetts Residents Involved in Fatal Florida Bus Crash

cphillips@phillipsgarcia.com (News Author)13023 — Tue, 23 Feb 2010 08:00:00 EST

February 23, 2010 - Boston, Mass. - Three Massachusetts residents were involved in a fatal charter bus crash that occurred at about 2:15 p.m. Monday in Florida.

The Boston Herald reports that there were 32 people onboard the charter bus at the time of the crash. All of the passengers were senior citizens, ranging in age from 66 to 87 years old.

Two passengers died at the scene of the bus rollover accident, while 3 suffered critical personal injuries. Other passengers sustained minor or serious injuries.

The charter bus accident was set into motion when a Mercury Marquis did not yield to the bus as it merged onto Route 27. The car struck the bus, which rolled over off of the highway.

Some passengers were ejected from the bus during the rollover accident, and the majority of the senior citizens had to be transported to the hospital. Eleven crash victims were taken to Lake Placid hospital, while 12 were taken to a hospital in Sebring. It is still unclear about the medical condition of the Massachusetts passengers.

The senior citizens were on an educational tour in Florida, called Discover Old Florida. The tour is connected with South Florida Community College. Authorities continue to investigate the accident, and have not yet released the names of the victims.

Our heart goes out to the family and friends of the deceased for their terrible and heartbreaking loss. We offer our deepest condolences to the victims' families. We wish the other victims the very best for a quick and complete recovery.

If you or a loved one has suffered personal injuries because of a bus accident, the Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.