Dolan Connly, P.C.
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Frequently Asked Questions

The law is best described as complex answers to simple questions. As experienced attorneys, we have been able to simplify the answers to many of these questions. Read through our FAQ to see answers to some of the most common questions we are asked. If you want more information on a legal matter or don’t see your question answered below, please give us a call.

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Serving clients across Massachusetts - including Boston | Pembroke | Attleboro | Braintree | Brockton | Quincy | Weymouth | Plymouth and Taunton

About FAQs

Learn how our Massachusetts law firm serves clients statewide with personalized attention in personal injury and real estate matters.

Where does Dolan Connly, P.C. represent clients?

Dolan Connly, P.C., represents clients throughout Massachusetts in personal injury and real estate matters. The firm maintains offices in Boston (Dorchester) and Pembroke and regularly serves clients across the Commonwealth of Massachusetts and New Hampshire.

How are legal fees handled in personal injury cases?

We handle personal injury cases on a contingency fee basis. This means legal fees are paid only if there is a monetary recovery for our client through a settlement or a verdict. The specific percentage and cost structure are outlined clearly in a written fee agreement in compliance with Massachusetts ethical rules.

How are legal fees handled in real estate matters?

Real estate services are billed according to the specific transaction or matter. For closings, contract review, or other standard real estate work, clients receive a clear explanation of anticipated fees and costs before representation begins. This ensures transparency and allows clients to plan ahead for their legal expenses.

What happens if I am unable to travel to your office?

We understand that injuries, medical conditions, or other circumstances may make it difficult for you to visit our offices. That is why our attorneys are happy to come to you, whether at your home, hospital, rehabilitation facility, or another convenient location.

What sets Dolan Connly, P.C. apart from other Massachusetts law firms?

For over two decades, Dolan Connly, P.C., has been trusted by people across Massachusetts to handle personal injury and real estate matters with care and proven results. Our veteran-owned firm combines experience with a client-focused approach. Over the years, our attorneys have secured millions in verdicts and settlements, reflecting our dedication, preparation, and unwavering commitment to protecting what matters most to those we represent.

How do I schedule a consultation with a lawyer?

You can contact us by phone or through our website contact form to schedule a free consultation. During this initial meeting, our attorneys review the facts of your matter, answer your questions, and explain your legal options under Massachusetts law, so you can make informed decisions with confidence.

Dog Bites FAQs

What you need to know about liability, compensation, and insurance coverage for dog bite injuries in Massachusetts.

Is there insurance coverage for dog bite injuries in Massachusetts?

Yes. Homeowners’ and renters’ insurance policies often provide liability coverage for dog bite injuries, although coverage depends on the policy’s terms, limits, and exclusions.

How does Massachusetts dog bite law impose liability on dog owners?

Under Massachusetts law (M.G.L. c. 140, § 155), dog owners are strictly liable for injuries caused by their dogs, even if the dog has never shown aggressive behavior before. Exceptions are limited and generally involve provocation or trespassing.

Do I need to prove the dog had a history of aggression?

No. Prior knowledge of dangerousness is not required under Massachusetts’ strict liability statute.

Medical Malpractice FAQs

Answers about medical errors, pharmacy mistakes, expert testimony, and the legal process for pursuing malpractice claims in Massachusetts.

What types of medical malpractice cases are recognized in Massachusetts?

Medical malpractice can include misdiagnosis, delayed diagnosis, surgical errors, birth injuries, medication errors, and hospital negligence. Any deviation from accepted medical standards that causes injury may form the basis of a claim.

Can pharmacy errors qualify as medical malpractice in Massachusetts?

Yes. Pharmacists are healthcare professionals and may be held liable if a dispensing error or incorrect dosage deviates from accepted professional standards and causes injury. Such claims are subject to Massachusetts medical malpractice procedures.

What is the statute of limitations for medical malpractice claims in Massachusetts?

In most cases, you must file a medical malpractice claim within three years from the date of the injury, or one year from when the injury was discovered, whichever comes first. Special rules may apply for minors or cases involving foreign objects left in the body.

Do I need an expert medical opinion to file a malpractice claim?

Yes. Massachusetts law generally requires a qualified medical expert affidavit to establish that the healthcare provider deviated from accepted standards of care. This step is critical to move the claim forward and avoid dismissal.

Motor Vehicle / Pedestrian Accidents FAQs

Practical answers for drivers, pedestrians, cyclists, and truck accident victims navigating claims and insurance after accidents in Massachusetts.

What should I do immediately after a car accident in Massachusetts?

Ensure everyone’s safety and call 911. Seek medical attention, report the accident to the police, and document the scene with photos and witness information. Keep records of all bills and repairs, avoid giving detailed statements to insurers, and contact a Massachusetts personal injury attorney promptly to protect your rights.

Am I entitled to compensation if a commercial truck caused my accident?

Yes. Accidents involving trucks often involve additional liability issues, like federal trucking regulations, driver logs, and the trucking company’s insurance. Because these cases can be complex, consulting an attorney experienced in truck accidents is essential to ensure you recover all damages you are entitled to.

How does Massachusetts handle accidents caused by distracted or negligent drivers?

If another driver’s negligence, such as texting, speeding, or driving under the influence, causes your injury, you can pursue compensation for medical bills, lost wages, and pain and suffering. Evidence like police reports, witness statements, and electronic data from the vehicle can be critical in proving liability.

Can an injured bicyclist recover damages after being hit by a motor vehicle?

Yes. Bicyclists have the same rights and responsibilities as motorists under Massachusetts law. If a driver’s negligence causes injury, the bicyclist may pursue compensation subject to modified comparative negligence rules.

Must a pedestrian be in a crosswalk to file a personal injury claim?

No. In Massachusetts, a pedestrian does not need to be in a crosswalk to recover damages. If another party’s negligence causes an injury, whether walking on the street, changing a tire, or unloading a vehicle, you may have a claim for medical expenses, lost wages, and pain and suffering.

Personal Injury FAQs

Get clear guidance on Massachusetts personal injury claims, including compensation, fault, and timelines for recovering damages.

What is the statute of limitations for personal injury cases in Massachusetts?

In Massachusetts, personal injury cases must be filed in court within three years under M.G.L. c. 260, § 2A. Claims against municipalities and other public entities have shorter deadlines and special notice requirements, so it is important to contact an attorney promptly to protect your rights.

Should I contact an insurance company or an attorney after an accident?

Insurance policies often require that claims be reported promptly. However, you are not required to provide detailed statements or recorded interviews to the other party’s insurer without legal counsel. Because insurers evaluate claims to limit their financial liability, it is strongly recommended to consult an attorney first to protect your rights and ensure fair compensation.

Can I recover damages if I was partially at fault for the accident?

Yes. Massachusetts follows a modified comparative negligence rule, which means you can recover damages awarded at a trial as long as you are 50% or less at fault for the accident. Any monetary award is reduced according to your share of fault, but if you are more than 50% at fault, you cannot recover.

What types of damages can I recover in a personal injury case?

In Massachusetts, you may be able to recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). An attorney can help identify which damages apply to your case.

How long does it take to resolve a personal injury case?

The timeline varies depending on the complexity of the accident, the severity of injuries, and whether the case goes to trial. Many claims are resolved through settlement in a few months, but more complicated cases can take a year or longer. 

Real Estate FAQs

Answers to common questions for buyers, sellers, landlords, and property owners navigating residential and commercial real estate in Massachusetts.

How can Dolan Connly, P.C. help reduce financial loss on a property facing foreclosure?

In addition to foreclosure representation, we work with banks and mortgage companies to find other methods for reducing losses. In some cases, we help lenders and property owners come up with alternatives to foreclosure, such as workouts, modification of loan terms, short sales, and other options.

Could I be given a deficiency judgment after my property is sold at foreclosure?

For residential properties in Massachusetts, deficiency judgments are generally not allowed following a foreclosure sale. The 2008 law strengthened homeowners’ rights, giving them more opportunities to cure a default before foreclosure. Commercial or certain non-residential properties, however, may still be subject to deficiency claims depending on the mortgage terms.

What types of properties can Dolan Connly, P.C. help me sell/purchase/refinance?

Our attorneys have the expertise to guide you through even the most complicated sale, purchase, or refinancing, of both residential and commercial properties. Real estate transactions can be stressful to the buyer and seller, and we work hard to make sure that the process goes smoothly so the deal gets done.

How can Dolan Connly, P.C., assist landlords in Massachusetts?

We help landlords navigate Massachusetts landlord-tenant law, including security deposit requirements, lease compliance, and the eviction process. If you have questions about a lease or a tenant dispute, contact us to get guidance on the best course of action for your situation.

What are the legal consequences of an improper eviction in Massachusetts?

In eviction proceedings, it is important that all deadlines, notice provisions, and other legal requirements are followed. Incorrectly evicting a tenant can result in additional lost rental income and other consequences. If you need assistance with a tenant eviction, we can help you do it right the first time.

Slip & Fall / Premises Liability FAQs

Learn your rights when injuries occur on another person’s property, including responsibility for hazardous conditions and commercial vs. private property.

Can I sue a property owner for a slip and fall caused by snow or ice in Massachusetts?

In Massachusetts, property owners are responsible for exercising reasonable care to maintain safe conditions on their premises. Liability for a slip and fall on snow or ice depends on whether the owner knew or should have known about the hazard and took appropriate steps to prevent injury. Factors may include lease terms, snow removal responsibilities, and whether a business is open to the public during hazardous conditions.

Does poor lighting affect liability in a slip and fall case?

Yes. Inadequate lighting may constitute a dangerous condition if it renders an area unsafe. Liability depends on control of the premises, notice of the hazard, and whether reasonable corrective measures were taken.

Who is legally responsible for injuries in a common area of a building?

Responsibility typically lies with the party that controls and maintains the common area, such as a landlord, property management company, or condominium association.

Does liability change if the fall occurred on commercial property versus private property?

Yes. Businesses and commercial property owners owe a higher duty of care to visitors than private homeowners do. Factors like signage, maintenance, inspections, and warning systems are weighed differently depending on whether the property is public, commercial, or private.

Traumatic Brain Injury (TBI) FAQs

Understand how Massachusetts law treats mild to severe TBIs and what compensation may be available for the lasting effects of head injuries.

Is loss of consciousness required to prove a concussion?

It is important to note that you do not have to lose consciousness to sustain a concussion. A person with a mild traumatic brain injury may remain conscious or may experience a loss of consciousness for a few seconds or minutes. We have represented many clients unsure of whether or not they lost consciousness, but who still suffer the symptoms of a traumatic brain injury.

What are the general effects of a traumatic brain injury (TBI)?

If you have suffered a traumatic brain injury (TBI), you may be experiencing difficulties performing your everyday activities and responsibilities. Even the most routine tasks can become a constant daily struggle. Traumatic brain injuries are often life-threatening and can have a devastating effect on the injured individual’s ability to earn a living and interact with family members and loved ones.

Can I pursue compensation for a TBI even if the injury was mild or delayed in symptoms?

Yes. Symptoms from a TBI can appear hours, days, or even weeks after the accident. Mild TBIs or concussions that don’t immediately show obvious signs, can still form the basis of a personal injury claim. Prompt medical evaluation and documentation are essential to protect your legal rights.

How are damages calculated in a Massachusetts TBI case?

Damages in TBI cases can include medical expenses, rehabilitation costs, lost wages and diminished earning capacity, as well as pain and suffering. Because TBIs can have long-term effects on memory, cognitive function, and quality of life, these claims often require medical experts and vocational assessments to fully demonstrate the impact of the injury.

Workers’ Compensation FAQs

Key information on benefits, filing claims, and third-party rights for Massachusetts employees injured on the job.

Are work-related injuries covered under Massachusetts workers’ compensation law?

Yes. In Massachusetts, most employees injured in the course and scope of employment are covered under M.G.L. c. 152. Workers’ compensation provides medical treatment and partial wage replacement regardless of fault. In certain situations where a third party’s negligence contributed to the injury, an additional personal injury claim may be available.

What benefits am I entitled to under Massachusetts workers’ compensation?

Employees may receive medical treatment, temporary total or partial wage replacement, permanent disability benefits, and vocational rehabilitation if needed. The exact benefits depend on the severity and duration of the injury, as well as whether it affects your ability to work.

Can I sue my employer or a third party in addition to receiving workers’ compensation?

You generally cannot sue your employer for a workplace injury because workers’ compensation is the exclusive remedy. However, if a third party’s negligence contributed to your injury, like a contractor, manufacturer, or driver, you may have a separate personal injury claim in addition to workers’ compensation benefits.

Have More Questions? Speak Directly with an Attorney

If you didn’t find the answer you were looking for or need guidance on your specific situation, our attorneys at Dolan Connly, P.C., are ready to help. We provide personalized attention, direct access to attorneys, and trusted legal advice for personal injury and real estate matters.

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