Law Office of Alan H. Segal

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Law Office of Alan H. Segal

Alan Segal had the recent privilege to attend the Academy Awards with his son Evan and daughter Jennifer. Here’s the reference in Heresay – The Massachusetts Lawyer Weekly newsletter. Click to enlarge.

 

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It should come as no surprise that your insurance company wants to settle your personal injury claim for as little as possible.

It should be obvious that keeping their payouts as small as possible is how they make money.

Therefore, it should be expected that they hope to do the same to you too.

So how do you avoid settling for a less-than-optimal settlement?By understanding exactly how an insurance company works towards a settlement amount and the tactics they use to get you to sign off early on yours. It is a often-used strategy for an insurance company to not participate in a full investigation, and opt instead to use industry jargon and scare tactics to cajole you into signing a settlement agreement. If they should fail at this, their adjuster will look to gain as much information regarding the accident or situation in which you were injured, with the intent of procuring evidence that proves you are not as seriously hurt as claimed. This investigation includes interviewing all those involved, and taping their statements; obtaining police reports, medical records related to the injury; past medical history of the claimants; claimants proof of earnings and any prior personal injury claims.

This gathering of information will be used to support the insurer’s decision of how much to pay or to not pay your claim at all. They will be analyzing all of the information for inconsistencies or missing facts. Their default belief will be that you’ve lied or discarded facts that could be damaging to your claim. They will also do a full consideration of your case and what intangibles will sway a judge or jury one way or another. For example, if you claim to have debilitating pain from the injury and cannot work but continue to coach your son’s peewee football team every week, an insurance adjuster may just use this to show that you were not as badly injured as you reported, decreasing the likelihood of a full settlement.

The best way to deal with insurance companies and their tactics is to hire a personal injury lawyer. We know the strategies they use in injury claims and help keep our clients from experiencing those pitfalls that are set up to ensure you lose your claim. By helping you navigate through the complications of an auto accident injury claim or a slip and fall, we help you recover the compensation that helps you recover from the extensive damages a serious injury can leave. Don’t make the same mistake so many victims make. Call your personal injury lawyer in Needham before the insurance company leads you to settling for less than you need and deserve.

Expert legal attention to your case can make all the difference – you can be assured that we will work hard for you to protect your rights and champion your cause. Our Massachusetts law firm’s personal injury practice has dealt with serious personal injury and wrongful death claims. Before you make any final or binding decisions with your insurance company, call a personal injury lawyer who is ready to fight for you and knows how to do so.

 

 

It should come as no surprise that your insurance company wants to settle your personal injury claim for as little as possible.

It should be obvious that keeping their payouts as small as possible is how they make money.

Therefore, it should be expected that they hope to do the same to you too.

So how do you avoid settling for a less-than-optimal settlement?By understanding exactly how an insurance company works towards a settlement amount and the tactics they use to get you to sign off early on yours. It is a often-used strategy for an insurance company to not participate in a full investigation, and opt instead to use industry jargon and scare tactics to cajole you into signing a settlement agreement. If they should fail at this, their adjuster will look to gain as much information regarding the accident or situation in which you were injured, with the intent of procuring evidence that proves you are not as seriously hurt as claimed. This investigation includes interviewing all those involved, and taping their statements; obtaining police reports, medical records related to the injury; past medical history of the claimants; claimants proof of earnings and any prior personal injury claims.

This gathering of information will be used to support the insurer’s decision of how much to pay or to not pay your claim at all. They will be analyzing all of the information for inconsistencies or missing facts. Their default belief will be that you’ve lied or discarded facts that could be damaging to your claim. They will also do a full consideration of your case and what intangibles will sway a judge or jury one way or another. For example, if you claim to have debilitating pain from the injury and cannot work but continue to coach your son’s peewee football team every week, an insurance adjuster may just use this to show that you were not as badly injured as you reported, decreasing the likelihood of a full settlement.

The best way to deal with insurance companies and their tactics is to hire a personal injury lawyer. We know the strategies they use in injury claims and help keep our clients from experiencing those pitfalls that are set up to ensure you lose your claim. By helping you navigate through the complications of an auto accident injury claim or a slip and fall, we help you recover the compensation that helps you recover from the extensive damages a serious injury can leave. Don’t make the same mistake so many victims make. Call your personal injury lawyer in Needham before the insurance company leads you to settling for less than you need and deserve.

Expert legal attention to your case can make all the difference – you can be assured that we will work hard for you to protect your rights and champion your cause. Our Massachusetts law firm’s personal injury practice has dealt with serious personal injury and wrongful death claims. Before you make any final or binding decisions with your insurance company, call a personal injury lawyer who is ready to fight for you and knows how to do so.

 

 

Question: 

I just found out that the house I’m renting is in foreclosure. The bank wants us out but I’ve been paying my rent consistently. What are my rights as a renter?

Answer:

Unfortunately, as real estate lawyers in Needham, we’ve heard this question far too frequently. Ever since the extreme downturn in the real estate market of 2008 and 2009,  rental property owners have been defaulting on their loans at staggering rates; often leaving their tenants unaware of their own living situations.

However, because of 2009 changes to federal regulations, most tenants under leases will be able to continue their lease under the new owner. Those tenants that are living under month-to-month contracts are legally given at least 90 days to relocate. Unfortunately, tenants have no legal recourse against their former landlord as either contract, both month-to-month or term lease, extends or ends in the same manner, regardless of who the owner of the property is. However, a lease-holding tenant that is forced to move before the conclusion of said lease, in the event that the buyer of the property wants to occupy the property, is now longer in the same position they were before the foreclosure. In this case, the law allows a tenant to sue the former landlord or property owner in small claims court. This is due to the fact that the landlord entered the agreement to deliver the property and its use for the entire lease term; referred to as “covenant of quiet enjoyment”. The covenant is considered broken when the property owner defaults on their mortgage, allowing the foreclosure process to cause damages to the lease-holding tenant.

A tenant under these circumstances can recover the costs of moving incurred. These costs can include moving costs, application fees and the difference between the new rent and their lease amount at the foreclosed property.

A real estate lawyer who works to protect the rights of tenants can help you determine whether or not your specific instance allows for any compensation. If your rental property has been recently foreclosed on, make sure you know your rights under the law by calling us at 781-444-9676.

In the world of business law, intellectual property and all the term entails, is often confusing and complicated. What creative endeavors are actually considered intellectual property and what is protected by law, and to which degree, remains an enigma for most organizations. Though intellectual property is everywhere throughout our modern day society, with music, books, inventions, and even marketing terms, understanding the realm of copyrights and trademarks is rarely as straight-forward as expected.

Intellectual property is often understood to be the creations of the mind that are protected by legal right to ownership. That ownership allows the individual, partnership or organization the full right to financially gain from the use or sale of their intellectual creation. The term however is often used to refer to all rights conferred within a variety of fields of law. These fields include:

  1. Patent law
  2. Copyright law
  3. Trade secret law
  4. Right of publicity
  5. Trademark and unfair competition law

Though within certain states, the details of these laws may seem similar they do serve different purposes.

Patent laws generally cover inventions. A patent is the granting of a property right to its inventor. It is important to note that ideas cannot be patented; therefore your idea must have evolved into an existing invention to be considered for patent protection. The US Patent and Trademark is the federal entity that issues patents and only through their application process does a patent exist.

Copyright laws protect those creators of “original works of authorship”. Literary, musical, artistic and other intellectual works, both published and unpublished are protected under this set of business laws. A copyright give the owner exclusive rights to reproduce the work itself or a derived version of the same work and allows for the public performance of protected work. It also protects against the use by other parties for their own financial gain. Like patents, copyright laws do not extend to ideas; nor do they protect processes, procedures or discoveries.

Trade secrets are those elements of business information that are considered valuable to that organization and not generally known to the industry or the public. Trade secrets are protected against exploitation and misappropriation by any party.

Trademark rights exist to protect a business’ sole use of a phrase, symbol, name or device that is meant to set your organization apart from others. It prevents others from impeding on your business through the use of a copycat or confusingly similar mark, symbol or phrase. Logos are just one aspect of business that are protected by trademark laws.

The inherent right that we all have, as human beings, to protect or control the commercial use of our identity is referred to as “right of publicity”. Right of publicity laws are unique in that they do not protect the persona or identity of a corporation, partnership or similar entities or institutions. They only protect the rights of individuals that are deemed to be human beings.

Because intellectual property laws are intricate in detail and their protections can so very easily be confused between the areas of law, it is important to utilize a business lawyer that understands the nuances of these areas. As a Top-Rated local® business lawyer in Needham, Alan Segal can help you and your organization navigate through the complications in order to protect what is rightfully yours.

 

Can I sue my tenant for unpaid rent?

It is the rare real estate attorney that has not been posed this question by one or more of his clients. The ability to sue for unpaid rents and leases allows landlords and property owners to gain what was rightfully theirs. Though many states work to protect tenant’s rights, most stand behind the authority of the landlord to hold up the written contract as binding and seek sufficient recourse.

When a tenant leaves without paying any back rent that was due, the security deposit can be used to cover the amount due. If the deposit is insufficient in covering the rent due and any property damages caused by the tenant, filing a suit against them in small claims court would be the next proper step. The rules regarding these suits vary from state to state however so check with a Massachusetts real estate attorney for advice and assistance in doing so.

If a tenant moves out without notice, breaking their lease, their security deposit can also be used to cover the unpaid amount. Lease breakers can be also sued for any monies that the deposit does not cover including any losses suffered by the amount of time that the lease was not fulfilled. For example, if your tenant broke their 12 month lease after only nine months, the landlord has a right to recover the last three months of unpaid rents.

Though courts do support landlords in the instances of broken leases and back due rent, landlords are still held to certain obligations. The property in question must have been kept in livable condition, with proper repairs having been completed in a timely manner (though the tenant has a responsibility to not destroy said property). Though the landlord is likely to be awarded the loss of a broken lease, you must still make an effort to re-rent the property as quickly as possible as a sign of good faith that you are making an effort to recoup your losses.

Landlords and property owners needing representation while seeking damages or losses against a tenant should contact the Law Offices of Alan H. Segal at 781-214-7129 to schedule an appointment.

Procrastination. Denial. Delusion. Ignorance. All common reasons used for justifying the delay in writing out one’s last will and testament. Though most responsible adults understand and recognize the need for estate planning documents, many of us continue to put off the preparation of even the most basic of wills or even a trust. Whether it’s just a tendency to put off what we don’t want to think of as the inevitable, or a lack of knowledge regarding the process and steps required, we seem to use whatever excuse we can to avoid having to face the reality of our own mortality. With more than half of Americans without a will or trust drawn up, a host of private property holdings are left in probate and up to the courts to figure out. It is estimated that probate procedures cost American families more than $2 billion a year, with almost $1.5 billion going to lawyers’ fees. However, protecting your family’s estate is actually quite simple and comes down to just a few simple documents. As Needham’s premier estate planning attorney, we recommend you start with these basic estate planning documents for protection against probate:

Those seeking legal advice and assistance regarding the aforementioned documents are encouraged to contact the Law Office of Alan H. Segal at 781-214-7129 for a free consultation.

Personal injury cases are rarely as simple as deciding who is responsible and how much damages are to be awarded to the victim. The nuances and circumstances surrounding the event carry a great amount of importance and heavily influence the decision. Everything the plaintiff does between the time of the incident and the final judgment can greatly impact the settlement. As a Top-Rated Local® personal injury lawyer in Needham, we advise our clients to avoid the following mistakes during their injury claim in order to attain the best possible results:

If you believe that you have been injured by someone else’s negligence, it is important that you contact our Massachusetts personal injury attorneys to discuss your case. Time is of the essence; call the Law Office of Alan H. Segal today at 781-214-7129.

 

There are few transactions that are as complicated and fraught with risk than the selling and buying of real estate. With the sheer volume of laws, that inevitably vary from state to state, the legal details of such transactions can sometimes overwhelm even seasoned land holders, realtors and experts of all kinds. Even for those who are using a licensed real estate agent to represent their needs in a real estate contract, it is recommended that you also employ the services of a real estate attorney.

Where your agent will help you with finding the right property, or the perfect buyer for yours, and will aid with the closing on the contract and the details of such, a real estate attorney will work to protect your rights and ensure that all of your responsibilities as buyer or seller are covered. The duties of a lawyer, trained specifically in real estate law, extend far beyond the scope of an agent.

Your real estate lawyer should be able to assist you with:

As your Needham real estate attorney, we handle both residential and commercial real estate closings. We prepare all the closing documents including UCC’s, assignment of rents, security agreements, notes, and mortgages. Call us today for a full description of all the legal services we provide our valued clients.

 

Yes, the landlord can sue the tenant for rent owed as well as any other damages in a Civil Action or through Small Claims. The procedures for Civil Actions are governed by the Massachusetts Rules of Civil Procedure. Normally, it would be advisable to hire an attorney before suing a tenant for money damages in a Civil Action. Small Claims, on the other hand, was designed to assist litigants who wish to proceed without an attorney. There is normally a $2,000.00 ceiling on the amount of money damages that can be sought. Thus, if a tenant owes $4,000.00 in rent, at the time that a Small Claims action is instituted, $2,000.00 of that amount will be waived. On the other hand, there is nothing to prevent a landlord from suing for rent as each month comes due, as long as the contract rent is not above $2,000.00.


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