Summertime Safety

It's the best time of the year: the weather is nice, the kids are out of school and you are finally taking that vacation you've been waiting for all year.

However, it is important to remember that summertime brings with it certain dangers. Being aware of them and having a plan to deal with any issues that arise can mean the difference between a minor accident and a tragedy.

Drowning

Drowning is a very serious problem among children and adults. It is the leading cause of death in children ages 1 to 4, and most of these deaths occur in backyard swimming pools. 

It only takes a few moments for someone to drown and drowning is often silent - most people who drown do not bob or flail - instead, they slip under silently. You can reduce the risk of drowning by enrolling your children in swimming lessons early. If you are an adult and do not know how to swim, there is no time like the present to learn. Some research shows that swimming lessons can reduce the risk of drowning up to 88%!

If you own a pool, be sure to protect yourself from liability by having a high, locked fence completely around the pool. Never allow anyone to use your pool when you are not watching. Be sure that your homeowner's insurance policy is updated and aware of the presence of a pool on your property.

Should the worst happen and you lose a family member to drowning, be sure to consult an attorney immediately to determine if you have any remedies available to you. 

Dog Bites

Nicer weather means that more pet owners will have their animals outside on sidewalks or in other public places. While most animals are friendly and will not cause any harm, it can sometimes be very difficult to tell if a dog will bite. Never approach or touch a dog you do not know. Teach your children not to approach an unknown dog. If you are approached by an unknown animal, do not move. Moving quickly or trying to run away can result in a bite. 

If you own a dog, make sure to always have your pet on a leash and within your field of vision. Never leave a dog unattended. Make sure to check with your homeowner's or renter's insurance company to make sure your animal's breed is not prohibited under your policy. 

Should you be bitten by a dog, get the owners contact information immediately. Seek medical treatment and consult with an attorney to determine if you have any remedies available to you. 

Amusement Parks

According to emergency room statistics, there are far fewer injuries sustained at amusement parks every year then injuries sustained at home. Amusement parks are required to meet very strict state and federal safety standards, and therefore accidents/injuries are very unlikely.

Here are a few tips to ensure a safe, fun day at the amusement park:

1. Adults and children should use the buddy system.

2. Abide by all signs, posted safety rules and ride operator instructions.

3. Be sure to stay hydrated on hot days  (soda does not count). 

4. Never let small children out of your sight, even when they are on kiddie rides.

5. Wear closed-toed shoes which attach securely to the foot (no flip-flops).

In the event you are injured at an amusement park, be sure to inform park staff immediately and complete an incident report. Seek medical treatment and consult with an attorney to determine if there are any remedies available to you. 

Driving

Now that children are out of school, they are much more likely to be playing outside during the daytime hours. Always be on the lookout for children while driving. Remember that if a ball or toy rolls out into the street, it is almost ALWAYS followed by a running child. Also look out for seemingly empty cardboard boxes in the street, which children often like to play in. 

Have a safe and happy summer.

Liability for Recording Someone Without Their Permission

Under the Massachusetts Wiretapping Statute, it is a crime to record someone using audio or video equipment without their permission, unless it is absolutely clear that the recording is happening. This includes videos taken in public places.  This law is often referred to as the "two party consent law". Massachusetts is one of the few states that has a two party consent law for audio and video recording. 

Today, most people have smart phones that are able to audio and video record. You must be very careful not to record someone without their knowledge. Otherwise, you may be found guilty of felony wiretapping. This offense carries a penalty of up to a $10,000 fine and up to five years in state prison. This includes videos taken of people in public places. 

Further, the Wiretapping Statute allows a person who is recorded without their permission to file a lawsuit in civil court. In a civil action, the court may award the victim actual damages, punitive damages, liquidated damage and attorneys' fees.

You must be very careful what you audio and visual record in Massachusetts without permission. If you have any questions about this law, please contact me at 413-731-4716 for a free consultation. 

Preventing/Dealing With Identity Theft

Protect yourself from identity theft by following these tips:

1. Do NOT sign the back of your credit/debit cards. Instead, write "PHOTO ID REQUIRED". Even better, get a credit/debit card with your photo on it if your bank offers the option.

2. When writing a check to pay for your credit card bill, do NOT write the complete account number on the check. Instead, put the last four digits of your account number only.

3. Never put your Social Security number on a check you write.

4. Photocopy the front and back of all of the cards in your wallet (including driver's license) and keep it in a safe place in your home.  If you ever lose your wallet, you will have quick access to all of your account numbers and institutions to call to report the theft.

5. Use a paper shredder to destroy any documents or mail which contain personal information. Many thieves steal information from trash people throw away.

6. Do not give out personal information over the phone, mail or internet unless you initiated the contact. 

7. Periodically review bank/credit card statements for transactions you did not make. Recently, thieves have been deducting small amounts from bank accounts and credit cards (such as $0.99 or $1.99) on a regular basis, because many people do not notice small amounts missing. 

8. Limit what you carry in your wallet to necessary cards only. Leave your Social Security card and passport locked in a safe place at home unless you absolutely need it. 

9. Make sure you have a strong password. It is recommended that your passwords be at least eight (8) characters long, do not contain dictionary words or proper nouns, have at least one number, have at least one uppercase letter and have at least one lowercase letter.  

10. Avoid using your smartphone or computer on public WiFi to make online purchases or bank transactions, as the WiFi may not be secure. Save your banking and online shopping for your home computer and internet access.

11. Before disposing of an old cell phone or computer, be sure to wipe it clean of any personal information. The user manual will contain instructions on how to reset the product to its factory default settings. 

12. Never keep your passwords or pin numbers written down in your wallet. If you need to write them down, lock them in a safe place at home. 

13. Whenever entering your pin number at an ATM or store, check around you to make sure no one can see the number you enter. If you need to, use your free hand to shield the keypad from prying eyes.

If your wallet or identity is stolen, do the following IMMEDIATELY:

1. Use the photocopy of your cards to call your bank/credit card companies to report the theft.

2. File a police report in the jurisdiction where your wallet/card numbers were stolen. This is the first step toward an investigation and proves to credit providers that you were diligent.

3. Call the three national credit reporting agencies to place a fraud alert on your name. The alert means that any company that checks your credit knows your information was stolen and they have to contact you by phone to authorize new credit lines. These agencies are listed below.

Equifax 1-800-525-6285

Experian 1-888-397-3742

Trans Union 1-800-680-7289

4.  Call the Social Security Administration Fraud Line and inform them of the theft at 1-800-269-0271.

Winter Safety Tips

Winter in New England can be one of the most dangerous times of the year. Auto accidents and personal injury cases increase due to the weather conditions. The following are some safety tips to protect you and your loved ones this Winter:

1. If someone falls on your property due to ice or snow, you may be held responsible. Make sure to carefully clear your driveway, sidewalks, stairs and porches as soon as possible after a storm.

2. After you clear snow from your property, be sure to check for ice caused by melting snow on a daily basis. Use salt, sand or cat litter to increase traction on icy spots.

3. When driving after a storm, be sure to clear all snow and ice from your vehicle (including the roof) - if something blows off of your vehicle and causes an accident, you may be held liable.

4. Prior to a storm, fill up the gas tank in your vehicle. A car with a full gas tank is heavier, giving your car more traction and control in slippery conditions.

5. If you can avoid it, do not drive during a winter storm. Should you have no choice, be sure to drive slowly as your vehicle will take longer to stop than in normal driving conditions.

6. Watch out for puddles and wet spots in stores and other public places caused by melting snow brought in on customers' shoes. It is common for slip and fall accidents to occur this time of year for this reason.

7. Should you fall in ice, snow or puddles this winter (or if someone else falls on your property), be sure to take a photo of the scene of the accident immediately using your camera or smartphone. This is often the only way to prove that a defective condition existed; because as soon as the hazard is corrected the evidence is gone forever.

If you are hurt in an accident or have any questions about winter safety, please contact me at 413-746-4400 or by email at nle@dennerpellegrino.com. Stay safe!

Do I Have To Pay Taxes On My Settlement?

When pursuing a legal claim, the ultimate goal is usually to recover some type of monetary compensation either through settlement of the claim or by court award. The legal term for money an injured person seeks to recover in a lawsuit is  "damages".

The type of damages you are seeking dictate whether or not you are required to pay taxes on the money you receive. The following chart outlines which types of damages are generally taxable as income and which types are not:

1. Damages for a Personal Injury:
Generally NOT taxable as income.

2. Pain/Suffering/Emotional Distress for a Personal Injury:
Generally NOT taxable as income.

3. Pain/Suffering/Emotional Distress for a case that DOES NOT INVOLVE Personal Injury:
Generally are TAXABLE as income.

4. Lost Wages/Back Pay/Front Pay:
Generally are TAXABLE as income.

5. Punitive Damages (awarded by the court to punish wrongdoer):
Generally areTAXABLE as income.

It is ALWAYS wise to consult your attorney AND a tax professional BEFORE accepting a settlement or going to trial on your case in order to fully understand the potential taxes you may have to pay.

Should you have any questions regarding the tax consequences of damages, please do not hesitate to call me at 413-746-4400 or email me at nle@dennerpellegrino.com.

What is a Power of Attorney?

What is a Power of Attorney?

A Power of Attorney is a legal document you sign that gives someone else the authority to handle your personal affairs. There are generally two families of Power of Attorney documents:

 

1. Medical Power of Attorney - A medical Power of Attorney allows you to appoint someone to make medical decisions for you. In some states, such as Massachusetts, a medical Power of Attorney is called a Health Care Proxy.

 

2. Financial Power of Attorney - A financial Power of a Attorney allows you to appoint someone who can have access to your finances and make financial decisions when you cannot.

 

What kinds of things does a Power of Attorney cover?

You can make any Power of Attorney as general or as specific as you like. For example, you can state in a medical Power of Attorney that you would like your representative to make any medical decisions that you would be able to make. Alternatively, you could specify that you only want your medical Power of Attorney to govern life support decisions.

 

You do not lose control of your affairs by creating a Power of Attorney; it is more like sharing control with the person you name as your personal representative.

 

Who can you name as your personal representative?

You may appoint anyone over the age of eighteen (18) to be your personal representative in your Power of Attorney. Your representative does not have to be a family member, but it should be someone you trust to act in your best interests.

 

You may also elect to have more than one personal representative. However, when using more than one representative, you should specify whether each representative has the power to act alone or if they must act jointly on your behalf. For example, is the signature of either your son or daughter sufficient or do you want both to have to sign to convey your consent?

 

After you decide who you would like to name as your personal representative, you should make sure that the person you have chosen is ready and willing to accept this responsibility. You should also discuss your wishes with your personal representative before creating your Power of Attorney.

 

Does a Power of Attorney become active immediately?

Not necessarily. Some states allow you to complete a Power of Attorney that does not take effect unless you become incapacitated. You should check with a legal professional about the specific rules in your state.

 

How long does a Power of Attorney last?

A Power of Attorney only lasts as long as you have the capacity to handle your own affairs. For example, if you create a financial Power of Attorney that names your son as your personal representative, but later dementia causes you to become unable to handle your affairs, the Power of Attorney becomes invalid.

 

If you would like your personal representative to maintain the ability to handle your affairs in the event that you are no longer able to, you need to create a Durable Power of Attorney. A Durable Power of Attorney is the same as a regular Power of Attorney, except that it remains in effect even after you become unable to handle your own affairs.

 

Can I revoke my Power of Attorney?

You can terminate your Power of Attorney at any time as long as you still have the capacity to do so. If you want to revoke your Power of Attorney, you should consult with a legal professional as the steps for revocation are different in each state.

 

Do I really need a Power of Attorney?

Yes! You may think that in the event you become incapacitated your spouse or children will automatically be able to make medical and financial decisions on your behalf.

 

However, the reality is that without a Power of Attorney, someone will have to go to court to have a person appointed to handle your financial and medical affairs. Going to court is costly and time consuming; and when you become incapacitated, sometimes very important decisions need to be made immediately.

 

It is very simple and relatively inexpensive to have a legal professional create a Power of Attorney for you, and it can save your family a lot of problems down the road in the event that you become incapacitated.

 

Unexpected events (for example, motor vehicle accidents) happen frequently in today's world. Even newlyweds should consider creating a Power of Attorney in the event that they become incapacitated by an unforeseen event.

 

I want to create a Power of Attorney. Who do I call?

Contact an attorney licensed in the state you live in, as each state has different rules regarding Power of Attorney documents.

 

If you have any questions about Power of Attorney documents generally, or if you would like to create a Power of Attorney in CT or MA, please contact me at 413-746-4400 or at nle@dennerpellegrino.com.

Personal Injury Claims Against Cities and Towns in Massachusetts

All claims for personal injuries, death or loss of property caused by the negligent act or omission of any city or town employee are governed by Massachusetts General Law Chapter 258. 

Some examples of types of claims covered by this chapter are:

1. Bicyclist injured when riding over pothole on public roadway;
2. Drowning caused by lifeguard failing to monitor city pool;
3. Slip and fall on city property;
4. Property damage or injuries caused by city water main break, etc.

In order to proceed with a claim against a city or town, the injured person must send a "presentment letter" to the mayor within two (2) years from the date the injury occurred. Failure to send this letter within two (2) years from the date of injury will bar the injured person from proceeding with any claim against the city or town.

The injured person cannot file a suit in court against the city unless: 1) the major or his agent has sent a written denial to the presentment letter or 2) six (6) months have elapsed since the date the injured person sent the presentment letter.

A lawsuit against a city or town must be filed in the Superior Court for the county in which the city is situated or the county where the injured party resides.

The maximum amount an injured person may recover from a city or town under Massachusetts law is $100,000.

If you or someone you know has been injured on city property or due to the negligence of a city employee within the last two (2) years, you should consult an attorney immediately.

Feel free to contact me with any questions at 413-746-4400 or nle@dennerpellegrino.com.