Frequently Asked Questions

If I am a victim of a hit and run accident, what special steps should I take?
What are liens, and how do they affect my damages recovery?
I was injured in a motor vehicle accident while at work. Are my work-related injuries treated differently?
How do you decide when to settle a motor vehicle accident claim?
What is comparative negligence?
How is negligence determined?
What is a lawsuit?
What rights do I have beyond PIP against the person or person(s) causing my injuries?
What are my rights if I am injured as the result of someone else's negligence in the operation of a motor vehicle?
How is property damage evaluated for a property damage claim settlement?
How are medical records used and why are they important?
What is a declarations page?
What is the so-called "U" coverage, which is uninsurance and underinsurance?
How does my personal health insurance coverage interact with my receipt of PIP benefits?
What do I do if I miss time from work as a result of my injuries?
What is medical payments coverage?
What sort of coverage does my motor vehicle insurance policy provide?
When I meet with my lawyer for the first time, what will happen? What should I bring?
If an insurance adjuster contacts me before I seek legal assistance, what should I do?
What types of notices am I required to give in connection with my involvement in a motor vehicle accident?
What is my "duty to cooperate" with my own insurance company?
How will my bills be paid?
What kinds of medical care are available to me?
What do I tell the doctor about my auto accident?
How do I obtain medical treatment if I am injured?
What should I do if I am involved in a motor vehicle accident?
Why should I choose Pellegrini, Seeley, Ryan & Blakesley to represent me in my auto case?
How does Massachusetts automobile accident law affect me?
I was injured in a motor vehicle accident while at work. Are my work-related injuries treated differently?
What is workers' compensation?
What should I do if I am injured at work?
What if I need medical attention?
What if I decide to see a chiropractor?
Why am I having so much trouble finding a doctor who will take workers' compensation cases?
How do I find a doctor who will treat me?
My employer tells me that I am required to be treated only at the Occupational Medicine Clinic to which it referred me. Why can't I see my own doctor?
Is the insurance company nurse entitled to come with me to my doctor's visits?
Can I be reimbursed for travel expenses for medical care?
What can I do if the insurance company refuses to allow me to see a doctor or to have prescribed treatment?
How long must I be out of work before I am entitled to collect disability benefits from workers' compensation?
What happens if I don't get paid right away?
How do I know that my employer has filed the claim on time?
What happens if the insurance company does not comply with the time deadlines by either paying me or denying me payment within fourteen (14) days?
At what point should I hire a lawyer?
What if the lawyer that I go to tells me that I have to pay him or her a retainer or give the lawyer a fee from my own money?
What if the insurance company sends me a denial form?
What happens after I file my claim?
Can the conciliator order the insurer to pay me compensation?
What happens if we're not able to work anything out at the conciliation?
How long will it take for my case to be assigned to a judge?
What happens when the conference date arrives?
Can I appeal if I am not satisfied with the results of the conference for my worker's compensation claim?
What worker's compensation benefits will I receive if the company either pays me voluntarily or is ordered to pay by the Department of Industrial Accidents?
Do I have to pay taxes out of my workers' compensation benefits?
How does the insurance company determine my average weekly wage?
How do you calculate the average weekly wage if you have only worked a few days for this employer?
The insurance company has sent me a letter saying that I should report to a so-called "independent medical examination." Do I have to go?
I am very nervous about going to this "independent examination." Do you have any advice for me?
I fell in the grocery store, can I sue the store?
I fell on my apartment stairs, can I sue the apartment complex?
What should I do to preserve my claim?
What’s the difference between special and general damages?
How much is my slip and fall case worth?
How are damages calculated in a slip and fall case?
What types of incidents are commonly classified as slip and fall accidents?
What should I do if I am involved in a slip and fall accident?
If I have a slip and fall accident on my own property can I make a claim under my homeowner insurance?
If I have a slip and fall accident at work can I sue my employer for injuries that I have sustained?
What types of legal defenses are there to slip and fall accidents?
If you are partly at fault for your slip and fall accident can you still make a claim for injuries?
How long do I have to file a claim or lawsuit if I am involved in a slip and fall accident?
What are the rights of nursing home residents?

Nursing home residents have certain rights and protections under both state and federal law. The nursing home must list and give all new residents a copy of these rights.

These resident rights include, but aren't limited to:

  • The right to be treated with dignity and respect.
  • The right to be informed in writing about services and fees before you enter the nursing home.
  • The right to manage your own money or to choose someone else you trust to do this for you.
  • The right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
  • The right to be informed about your medical condition, medications, and to see your own doctor. You also have the right to refuse medications and treatments.
  • The right to have a choice over your schedule (for example, when you get up and go to sleep), your activities and other preferences that are important to you.
  • The right to an environment more like a home that maximizes your comfort and provides you with assistance to be as independent as possible.

What types of nursing home neglect cases does PSRB review?

At PSRB we review a wide range of injuries that can be suffered from nursing home neglect. Some injuries can be life threatening, painful and debilitating.  Certain conditions may require immediate legal intervention to prevent further harm. PSRB is always here to advise you as to your rights and the person rights of the person receiving care. Please do not hesitate to contact us for a free consultation at 800-785-5399.

  • Physical Assault
  • Restraint Injuries
  • Falls
  • Wrongful Death
  • Malnutrition or Dehydration
  • Failure to diagnose or Misdiagnosis
  • Prescription Errors
What Should I do if I suspect abuse of my loved one?

It’s critical that you immediately question any changes to your loved one that you notice. Report changes and concerns to the staff and management of the facility.  All facilities are required to have a process for responding to concerns.  Each city or town also has a long term care ombudsman that can provide assistance in the case of nursing home neglect.  In Massachusetts, this link will provide you with some contact resources:

https://www.mass.gov/files/documents/2018/08/02/LTC%20Ombudsman%20contact%202018.pdf

You may also file a complaint with the Department of Public Health.

What are the warning signs of nursing home neglect?

Sudden mental or cognitive differences in the person will be an indication of abuse.  Changes in alertness and depression are often common as are increases in combativeness and emotional outbursts.

Obvious physical changes such as bruises or bed sores, abrasions, cuts, burns or broken bones are examples of possible abuse. More subtle signs such as poor hygiene, unusual weight loss, bed wetting and medical needs that aren’t being met are also potential warning signs.


Financial abuse can also occur and is the fastest growing kind of abuse of the elderly.  Sudden changes in financial situations may be a sign.

What is Nursing Home Neglect?

While each state defines neglect differently, nursing home neglect and institutional elder abuse refer to physical and or emotional mistreatment of a person who resides in a nursing home, assisted living facility, group home or anywhere where there is a contractual obligation for that institution to provide care.

Neglect can take many forms including physical abuse, mental or emotional abuse, sexual abuse, financial abuse and abandonment. More than one kind of abuse is often common at the same time or at different times during a person’s stay in an institution.

 

All residential institutions are expected to provide care that ensures the safety and heath of their residents including proper medical treatment, adequate shelter, food and nourishment, hygiene and supervision.  If the institution fails to provide these services, it can be considered neglect.  If the failure is intentional, it can constitute abuse.

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