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Massachusetts Motor Vehicle Torts: Liability and Litigation

A trusted roadmap to key topics in motor vehicle torts

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  • Product Number: 1950300B00
  • Publication Date: 12/4/2020
  • Edition: 4th Edition 2016, with 2019 & 2020 Supplements
  • Copyright: © 2020 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Massachusetts Motor Vehicle Torts: Liability and Litigation guides you through a case from beginning to end, from the initial client conference and underlying insurance issues through liability and damages to the plaintiff's and defendant's best strategies for succeeding before and during trial. The book sets forth detailed guidance on navigating the complex relationships among insurers, counsel, the defendant, the plaintiff, and third parties. Special attention is paid to liens on settlement and the structuring of settlements to best serve the interests of the client.

    Recent updates:

    • Update: November 2020

      Dear Subscriber:

      Thank you for updating your library with the latest version of Massachusetts Motor Vehicle Torts: Liability and Litigation . This newly supplemented publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

      Highlights from this year's supplement include:

      • changes in the rules governing access to clients' personal medical information;
      • guidance on handling meetings with claims adjusters in a COVID-19 environment;
      • the importance of using the most recent impairment ratings from the American Medical Association;
      • publication of an online bar discipline resource by the Massachusetts Board of Bar Overseers;
      • a recent Supreme Judicial Court decision on the effect of settlement/assignment agreements executed by the insured and the plaintiff;
      • delivery requirements for adequate presentment under the Massachusetts Tort Claims Act (MTCA);
      • the "original cause" requirement for application of Section 10(j) of the MTCA;
      • claims against colleges and universities brought on a theory of social host liability;
      • the use of prior inconsistent statements;
      • standards for approval of motions to supplement expert interrogatories;
      • a Supreme Judicial Court order changing the threshold dollar amount for District Court and Superior Court actions from $25,000 to $50,000;
      • the Superior Court requirement to confer before filing dispositive motions;
      • considerations applicable to sitting Massachusetts judges acting as mediators; and
      • guidance on procedures for attorney-conducted voir dire.

      We trust you will find this updated version of Massachusetts Motor Vehicle Torts: Liability and Litigation an invaluable resource for your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

    • Update: February 2019

      Dear Subscriber:

      Thank you for updating your library with the latest version of Massachusetts Motor Vehicle Torts: Liability and Litigation . This newly supplemented publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

      Among the many developments in law and practice addressed in this supplement are the following:

      • admissibility of the notes of emergency medical technicians as the records of "other medical personnel" pursuant to G.L. c. 233, § 79G;
      • whether an insurer's duty to defend extends to counterclaims made on the insured's behalf;
      • requirements for recovering sales tax paid on a replacement vehicle;
      • application of the HITECH (Health Information Technology for Economic and Clinical Health) Act to the acquisition of medical records;
      • the effect of conflicts of interest on decisions regarding the insured's defense;
      • the scope of the term "household member" in the context of motor vehicle insurance coverage;
      • admissibility of blood alcohol test results obtained in the course of evaluating and treating a patient;
      • a Supreme Judicial Court ruling on whether private contractors working with public entities may be found liable as public employers under Massachusetts Tort Claims Act;
      • issuance of the Fifth Amended Superior Court Standing Order 1-88, which includes, among other provisions, a requirement that lead counsel attend all case management conferences;
      • adoption of District Court and Superior Court provisions on attorney-conducted voir dire;
      • discussion of the Achieving a Better Life Experience (ABLE) Act, which offers eligible disabled individuals the opportunity to have a tax-deferred savings account that exceeds the asset limit for certain public benefits programs without negatively affecting eligibility; and
      • a new requirement that commercial drivers use electronic logging devices to automatically record driving time and hours of service.

      We trust you will find this updated version of Massachusetts Motor Vehicle Torts: Liability and Litigation an invaluable resource for your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

    • Update: December 2016

      Dear Subscriber:

      Thank you for updating your library with the 2016 edition of Massachusetts Motor Vehicle Torts: Liability and Litigation . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

      Among the many developments in law and practice addressed in this edition are the following:

      • substantially revised guidance on initial client communications and evaluation of the client's case;
      • important changes to automobile insurance policies in Massachusetts, including changes set forth in the 2016 edition of the Automobile Insurers Bureau's standard policy;
      • a Supreme Judicial Court decision clarifying the requirements for affidavits submitted in dramshop actions;
      • recent case law on the permissible scope of expert testimony on topics such as vehicle speed, sobriety, and computer-assisted steering;
      • statutory amendments authorizing attorney-conducted voir dire in Superior Court and permitting counsel to suggest specific damages amounts to the jury;
      • enactment of the Achieving a Better Life Experience (ABLE) Act, which allows individuals with disabilities to receive a limited amount of funds from another source, such as a personal injury settlement, without affecting ongoing resource-based eligibility;
      • extensive amendments to the Massachusetts Rules of Professional Conduct; and
      • guidance on the requirements for presentment letters transmitted in connection with the Massachusetts Tort Claims Act.

      We trust you will find this updated version of Massachusetts Motor Vehicle Torts: Liability and Litigation an invaluable resource for your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Preliminary Steps in Representing a Client

    Buy Chapter
    Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

    Exhibit 1A

    - MassHealth Authorization Buy Form

    Exhibit 1B

    - Sample Letter Declining to Take a Case Buy Form

    Exhibit 1C

    - Sample Client/Case Information Form Buy Form

    Exhibit 1D

    - Checklist of Information to Gather in Initial Client Meeting Buy Form

    Exhibit 1E

    - Contingent Fee Agreement Buy Form

    Exhibit 1F

    - Application for Benefits—PIP Form Buy Form

    Exhibit 1G

    - Wage and Salary Verification Form Buy Form

    Exhibit 1H

    - Patient Authorization Form Buy Form

    Exhibit 1I

    - Employment Disability Form Buy Form

    Exhibit 1J

    - Request for Hospital Report Form Buy Form

    Exhibit 1K

    - Letter of Representation Buy Form

    Exhibit 1L

    - Prototype of HITECH Letter Directing Hospital Records to Attorney (per ONC Final Rule) Buy Form

    Exhibit 1M

    - Prototype of HITECH Letter Directing Hospital Records to Patient Only (per Ciox) Buy Form
    Chapter 2 expand

    Exhibit 2A

    - Mass. R. Civ. P. 1.5(f), Form A Buy Form

    Exhibit 2B

    - Mass. R. Civ. P. 1.5(f), Form B Buy Form

    Exhibit 2C

    - Contingent Fee Letter Buy Form
    Chapter 3 expand

    The “Standard” Massachusetts Automobile Insurance Policy

    Buy Chapter
    Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

    Exhibit 3A

    - AIB Massachusetts Automobile Insurance Policy (2016 Edition) Buy Form

    Exhibit 3B

    - Memorandum of Changes in the AIB Massachusetts Automobile Insurance Policy Buy Form

    Exhibit 3C

    - Massachusetts Division of Insurance Bulletin 2017-06 Buy Form
    Chapter 4 expand

    Dealing with Insurance Companies

    Buy Chapter
    Carroll D. Coletti, Esq., Lynch & Lynch, PC
    Hon. Susan E. Sullivan, Superior Court, Commonwealth of Massachusetts

    Exhibit 4A

    - Checklist for Special Damages Buy Form

    Exhibit 4B

    - Checklist for General Damages Buy Form

    Exhibit 4C

    - Sample Letter of Representation to PIP Insurer Buy Form

    Exhibit 4D

    - Sample Letter of Representation to Liability Insurer Buy Form

    Exhibit 4E

    - Sample Written Demand for Disclosure of Policy Limits Buy Form

    Exhibit 4F

    - Sample Settlement Demand Letter Buy Form

    Exhibit 4G

    - Circular Letter to Claim Personnel: Medical Examination Buy Form

    Exhibit 4H

    - Sample Physician’s Examination Report Buy Form

    Exhibit 4I

    - Sample Written Demand for Relief Pursuant to G.L. c. 93A and G.L. c. 176D Buy Form

    Exhibit 4J

    - Checklist for 93A Demand Letter Buy Form

    Exhibit 4K

    - Sample Release of All Demands Form Buy Form

    Exhibit 4L

    - Sample Release and Settlement of Claim Form Buy Form

    Exhibit 4M

    - Settlement Letter to Client with Authorization to Settle Buy Form

    Exhibit 4N

    - Sample Minor’s Release and Indemnity Agreement Buy Form

    Exhibit 4O

    - Petition for Leave to Settle Pursuant to G.L. c. 152, § 15 Buy Form

    Exhibit 4P

    - Petition for Approval of Third-Party Settlement Buy Form

    Exhibit 4Q

    - Sample Proof of Claim Form Buy Form
    Chapter 5 expand

    Exhibit 5A

    - Sample Reservation of Rights Letter Buy Form

    Exhibit 5B

    - Sample Nonwaiver Agreement Buy Form

    Exhibit 5C

    - Sample Complaint for Declaratory Judgment Buy Form

    Exhibit 5D

    - Sample Excess Judgment Letter Buy Form

    Exhibit 5E

    - MBA Ethics Opinion No. 1991-5 Buy Form

    Exhibit 5F

    - Preliminary Statement of Office of Bar Counsel Buy Form

    Exhibit 5G

    - Sample Letter Concerning Noninvolvement in Coverage Disputes Buy Form
    Chapter 6 expand

    Claims Against Governmental Defendants: Chapter 258 “Public Employers” and Other Public Bodies

    Buy Chapter
    Amy Bratskeir, Esq., MBTA Legal Department
    Scott A. Spencer, Esq., MassDOT/MBTA Office of the General Counsel
    Chapter 7 expand

    Liquor Liability and Other Special Issues

    Buy Chapter

    Exhibit 7A

    - Complaint: Bar Buy Form

    Exhibit 7B

    - Complaint: Social Club Buy Form

    Exhibit 7C

    - Affidavit: Bar Buy Form

    Exhibit 7D

    - Affidavit: Social Club Buy Form

    Exhibit 7E

    - Chart of Blood Alcohol Content Comparison Buy Form

    Exhibit 7F

    - Checklist of Questions for Toxicologist Buy Form

    Exhibit 7G

    - Tax Issues and Personal Injury Litigation Buy Form
    Chapter 8 expand

    Accident Reconstruction

    Buy Chapter

    Exhibit 8A

    - Sample Scale Diagrams Buy Form

    Exhibit 8B

    - Sample Weather Records Buy Form

    Exhibit 8C

    - Sample Time and Distance Charts Buy Form

    Exhibit 8D

    - Aerial Maps with Scene Evidence Inserted Buy Form

    Exhibit 8E

    - 3D Computer Illustrations of Impacts Buy Form

    Exhibit 8F

    - Photographs of Tractor-Trailer Underride Accident Buy Form

    Exhibit 8G

    - Pedestrian Dynamics Illustration Buy Form

    Exhibit 8H

    - Sample Downloads of Vehicle Crash Data Buy Form
    Chapter 9 expand

    Exhibit 9A

    - Sample Client Instruction Letter Buy Form

    Exhibit 9B

    - Sample Medical Authorization Buy Form

    Exhibit 9C

    - Sample Medical Record Certification (G.L. c. 233, § 79G) Buy Form

    Exhibit 9D

    - Sample Medical Bill Certification (G.L. c. 233, § 79G) Buy Form

    Exhibit 9E

    - Sample Letter Requesting Narrative Report Buy Form

    Exhibit 9F

    - Composite Glossary of Common Medical Terms Buy Form

    Exhibit 9G

    - Estimates of Average Ranges of Motion Buy Form

    Exhibit 9H

    - Common Medical Symbols and Abbreviations Buy Form

    Exhibit 9I

    - Sample Orthopedist’s Report Buy Form

    Exhibit 9J

    - Sample Chiropractor’s Report Buy Form

    Exhibit 9K

    - Sample Neurologist’s Report Buy Form

    Exhibit 9L

    - Sample Neurosurgeon’s Report Buy Form

    Exhibit 9M

    - Sample Physical Therapist’s Report Buy Form

    Exhibit 9N

    - Sample Magnetic Resonance Imaging (MRI) Reports Buy Form

    Exhibit 9O

    - Sample CT Scan Reports Buy Form

    Exhibit 9P

    - Sample Myelogram Report Buy Form

    Exhibit 9Q

    - Sample EMG/Nerve Conduction Report Buy Form

    Exhibit 9R

    - Illustration of Spine Buy Form
    Chapter 10 expand

    Exhibit 10A

    - Motion of Defendant to Compel Physical Examination Buy Form

    Exhibit 10B

    - Proposed Form of Order Buy Form
    Chapter 11 expand

    Exhibit 11A

    - Letter of Intent to Offer Pursuant to G.L. c. 233, § 79G Buy Form

    Exhibit 11B

    - Affidavit and Certificate Pursuant to G.L. c. 233, § 79G Buy Form

    Exhibit 11C

    - Request to Physician to Certify Bill, Report Buy Form

    Exhibit 11D

    - Sample Certified Medical Bill Buy Form

    Exhibit 11E

    - Request for Wage Verification and Authorization with Lost Wage Questionnaire Buy Form

    Exhibit 11F

    - Jury Instruction: Wrongful Death of Homemaker Buy Form

    Exhibit 11G

    - Outline for Deposition of Expert Medical Witness Buy Form

    Exhibit 11H

    - Request for Medical Narrative Buy Form

    Exhibit 11I

    - Sample Jury Instruction: Aggravation of Preexisting Injury Buy Form

    Exhibit 11J

    - Motion in Limine to Exclude Evidence of Prior Injuries Buy Form

    Exhibit 11K

    - Complaint for Wrongful Death Buy Form

    Exhibit 11L

    - Sample Jury Instruction: Failure of Plaintiff to Undergo Operation Buy Form

    Exhibit 11M

    - Notice of Hospital Lien Under G.L. c. 111, § 70B Buy Form
    Chapter 12 expand

    Exhibit 12A

    - Sample Complaint Buy Form

    Exhibit 12B

    - Sample Cover Sheet (Superior Court) Buy Form

    Exhibit 12C

    - Sample Cover Sheet (U.S. District Court) Buy Form

    Exhibit 12D

    - Sample Statement of Damages (District Court) Buy Form

    Exhibit 12E

    - Letter to Client After Suit Is Filed Buy Form

    Exhibit 12F

    - Sample Motion for Ex Parte Real Estate Attachment Buy Form

    Exhibit 12G

    - Sample Affidavit in Support of Ex Parte Attachment Buy Form

    Exhibit 12H

    - Sample Plaintiff’s Request for Documents Buy Form

    Exhibit 12I

    - Sample Notice of Taking Deposition (Rule 30) Buy Form

    Exhibit 12J

    - Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy Form

    Exhibit 12K

    - Sample Plaintiff’s Interrogatories Buy Form

    Exhibit 12L

    - Sample Plaintiff’s Interrogatories Buy Form

    Exhibit 12M

    - Plaintiff’s Motion for Defendant’s Criminal Record Buy Form

    Exhibit 12N

    - Plaintiff’s Request for Admission Buy Form
    Chapter 13 expand

    Exhibit 13A

    - Sample Acknowledgment Letter to Client Buy Form

    Exhibit 13B

    - Sample Tracking Order Buy Form

    Exhibit 13C

    - Sample Answer to Complaint Buy Form

    Exhibit 13D

    - Cross-Claim Buy Form

    Exhibit 13E

    - Third-Party Complaint Buy Form

    Exhibit 13F

    - Defendant’s Interrogatories to Plaintiff Buy Form

    Exhibit 13G

    - Defendant’s Interrogatories to Codefendant Buy Form

    Exhibit 13H

    - Request for Documents to Plaintiff Buy Form

    Exhibit 13I

    - HIPAA Authorization Buy Form

    Exhibit 13J

    - Authorization for Wage and Salary Information Buy Form

    Exhibit 13K

    - Request for Documents to Codefendant Buy Form

    Exhibit 13L

    - Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy Form

    Exhibit 13M

    - Cover Letter to Court for Notice to Offer Medical Report Buy Form

    Exhibit 13N

    - Notice of Intention to Offer Medical Report Buy Form

    Exhibit 13O

    - Affidavit of Counsel Buy Form

    Exhibit 13P

    - Affidavit Pursuant to G.L. c. 233, § 79G Buy Form
    Chapter 14 expand

    Exhibit 14A

    - Mediation Agreement Buy Form

    Exhibit 14B

    - Checklist of Factors to Consider in Selecting an Arbitrator Buy Form

    Exhibit 14C

    - Exemplar Agreement Authorizing a Sitting Judge to Serve as Mediator Buy Form
    Chapter 15 expand

    Exhibit 15A

    - Notice to Appear for Final Pretrial Conference Buy Form

    Exhibit 15B

    - Joint Pretrial Memorandum Buy Form

    Exhibit 15C

    - Plaintiff’s Motion in Limine Regarding Use of Alcohol Buy Form

    Exhibit 15D

    - Plaintiff’s Motion in Limine Regarding Record of Criminal Convictions Buy Form

    Exhibit 15E

    - Confidential Juror Questionnaire Buy Form

    Exhibit 15F

    - Plaintiff’s Request for Voir Dire of the Jury Buy Form

    Exhibit 15G

    - Plaintiff’s Supplemental Request for Voir Dire Buy Form

    Exhibit 15H

    - Special Questions for the Jury Buy Form

    Exhibit 15I

    - Order for Entry of Dismissal Nisi (30-Day Order) Buy Form

    Exhibit 15J

    - Stipulation of Dismissal Buy Form

    Exhibit 15K

    - Agreement for Judgment and Request for Execution Buy Form
    Chapter 16 expand

    Defendant’s Perspective of Trial

    Buy Chapter

    Exhibit 16A

    - Trial Preparation Checklist Buy Form

    Exhibit 16B

    - Defendant’s Motion in Limine Regarding Citation Buy Form

    Exhibit 16C

    - Defendant’s Proposed Jury Instructions Buy Form
    Chapter 17 expand

    Exhibit 17A

    - Sample (d)(4)(A) or Under-65 Disability Trust Buy Form

    Exhibit 17B

    - Checklist of Trust Options to Be Considered When Dealing with a Personal Injury Settlement or Judgment Buy Form
    Chapter 18 expand

    Protecting the Settlement Proceeds for Your Client

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    Exhibit 18A

    - Checklist of Planning Tips for the Personal Injury Attorney Buy Form
    Chapter 19 expand

    An Introduction to Interstate Trucking Litigation in Massachusetts

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    Exhibit 19A

    - Minimum Levels of Financial Responsibility for Property Motor Carriers Under 49 C.F.R. § 387.9 Buy Form

    Exhibit 19B

    - Checklist of Physical Qualifications for Driving a Commercial Motor Vehicle Buy Form

    Exhibit 19C

    - Sample Spoliation Letter Buy Form

    Exhibit 19D

    - Motion for Inspection and for an Order Preserving Evidence Buy Form

    Exhibit 19E

    - Interstate Trucking/Wrongful Death Complaint Buy Form

    Exhibit 19F

    - Plaintiff’s Interrogatories to Truck Driver Buy Form

    Exhibit 19G

    - Request for Documents to Truck Driver Buy Form

    Exhibit 19H

    - Interrogatories to Trucking Company Buy Form

    Exhibit 19I

    - Plaintiff’s Request for Documents to Trucking Company Buy Form
  • Editors & Authors
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