Levin and Levin, LLP

How long do you have to file an injury claim?

2026-07-15T09:29:00Z

After an injury, you may need time to recover, review your losses and learn what caused the harm. Yet Massachusetts law gives you a limited time to file most personal injury lawsuits. This filing period follows a rule known as the statute of limitations. The deadline often starts on the date of your injury, but some exceptions may change it. Acting early helps preserve records and understand which rules apply to your claim.

The standard three-year deadline

In Massachusetts, you generally have three years from the date your personal injury claim accrues to file a lawsuit. In many cases, this means three years from the date of a car crash, fall or other harmful event. Filing an insurance claim does not satisfy or stop this court deadline. Settlement talks also do not usually stop the clock. You must file the lawsuit within the required period unless a valid exception applies. If you miss the deadline, the other party can ask the court to dismiss your case. A dismissal based on the statute of limitations could prevent you from seeking payment through that lawsuit, even when you have proof of an injury.

When different deadlines may apply

Certain facts can change the time you have to file an injury claim in Massachusetts:

Against the government: You must present a formal written notice within two years of accrual, and you must wait to file the lawsuit until the agency issues a written denial or fails to respond within six months. The lawsuit must still be filed within three years of accrual.
Involving delayed discovery: Sometimes an injury or its direct cause is not immediately apparent. In these rare situations, the timeline might only begin when you actually discover (or reasonably should have discovered) the harm.
Involving minors: For minors with general personal injury claims, the three-year deadline does not start until their 18th birthday. However, if the injury is due to medical malpractice, a minor under the age of six has until their ninth birthday to file, which can extend beyond seven years. Otherwise, a strict seven-year absolute limit applies from the date of the omission.

Reviewing these exceptions may help you identify the deadline that applies to your injury claim.

Protecting your right to pursue the claim

Understanding the correct deadline is a key part of preparing for a personal injury claim. Record the date of the event, keep medical and insurance papers and note when you first learned what caused your injury. Early review and timely filing help preserve evidence and protect your right to file.

How gray divorce affects retirement accounts in Massachusetts

2026-06-29T19:37:28Z

Gray divorce, or divorce later in life, often presents unique financial challenges. For many couples, retirement accounts and pensions represent some of their most valuable assets after decades of marriage. If you are considering a gray divorce in Massachusetts, learn how the court may divide retirement assets so you can make informed decisions about your financial future.

Retirement assets are subject to property division

Massachusetts follows the principle of equitable distribution, which means courts divide marital property fairly rather than automatically splitting it equally. Retirement assets accumulated during the marriage often qualify as marital property, even if only one spouse's name appears on the account. Depending on your circumstances, retirement assets that may be subject to division include:

401(k) plans.
Individual retirement accounts (IRAs).
Pension plans.
Government retirement benefits.
Certain deferred compensation plans.

The court considers several factors when determining a fair division, including the length of the marriage, each spouse's financial circumstances, contributions to the marriage, and future financial needs.

How are pensions and retirement accounts divided?

Dividing retirement assets often requires more than simply calculating the account balance. For example, pension plans may require specialized legal orders, such as a Qualified Domestic Relations Order (QDRO), to transfer benefits without triggering unnecessary tax consequences. The court or the parties may also consider:

When you or your spouse earned the retirement benefits.
Whether part of the account existed before the marriage.
The current and future value of retirement benefits.
The tax consequences of dividing specific assets.

Careful planning can help preserve the value of these accounts while supporting a fair property settlement.

Gray divorce requires long-term financial planning

Unlike younger couples, spouses going through a gray divorce often have fewer working years remaining to rebuild retirement savings. As a result, decisions about pensions, retirement accounts, Social Security benefits, and investment assets may have a significant impact on long-term financial security. Working with legal and financial professionals can help you evaluate settlement options and understand how different property division strategies may affect your retirement goals.

Why legal guidance matters

Dividing retirement assets during a gray divorce can involve complex legal, financial, and tax issues. An experienced Massachusetts family law attorney can identify which assets qualify as marital property, work with financial experts when necessary, and negotiate a property division that protects your long-term interests. If you are preparing for a gray divorce in Massachusetts, consulting a family law attorney can help you understand your rights, evaluate your retirement assets, and develop a strategy that supports your financial future.

Jackknifes and rollovers: Why Quincy truck crashes happen

2026-06-15T11:51:37Z

If you drive Route 3 or I-93 near Quincy, you share the road with large commercial trucks every day. When one jackknifes or rolls over, the results can be catastrophic. These crashes are preventable, and if you have been injured in one, understanding the cause can change everything about your claim.

What makes a truck jackknife or roll over

A jackknife happens when a truck's trailer swings outward and folds toward the cab, sweeping across multiple lanes in seconds. A rollover is when the truck tips onto its side, often taking out whatever is in its path. Both are frightening to witness and devastating to be near. These crashes are almost always the result of the truck losing control, and the cause usually traces back to decisions made long before the truck reached the highway.

How driver fatigue turns a highway into a hazard

Most commercial truck drivers are subject to federal hours-of-service rules set by the Federal Motor Carrier Safety Administration (FMCSA), which limit how long a driver can be behind the wheel before a mandatory rest period. A fatigued driver reacts more slowly, makes poorer decisions and is far less equipped to handle a sudden situation, such as a sharp curve or a braking car ahead, that can send a large truck into a jackknife or rollover. When trucking companies push drivers past safe limits to meet delivery deadlines, everyone on the road bears that risk.

How improper loading triggers a jackknife or rollover

Improper loading is one of the most common causes of both jackknife and rollover crashes. Federal regulations require commercial cargo to be firmly secured before a truck moves. When that does not happen, weight can shift unexpectedly during braking or turning, which is often all it takes to trigger a rollover or cause a jackknife.

What this means if you were injured near Quincy

Jackknife and rollover crashes are rarely the result of bad luck. When investigators look closely, they often find hours-of-service violations, loading errors or both. In Massachusetts, if you are injured in a truck accident, you may have legal options against not just the driver, but the trucking company or cargo loader responsible for the crash, provided your own share of fault does not exceed 50%. A truck accident is not the same as a regular car crash. The parties involved, the regulations at play, and the evidence that matters are all different. That is why getting legal guidance early can make a significant difference in protecting your rights before critical evidence disappears.

8 income streams courts count towards your spousal support order

2026-06-03T17:59:32Z

When you think about spousal support, your first instinct may be to focus only on your paycheck. In Massachusetts, however, courts look well beyond your base salary. Your full financial picture, including multiple income streams, factors into every alimony decision. Thus, knowing exactly what counts can help you feel more confident and prepared as you work through the divorce process.

How Massachusetts courts calculate alimony

Massachusetts law uses gross income as the starting point for spousal support calculations. In general, Massachusetts law caps alimony payments at 30% to 35% of the difference between both spouses' gross incomes. This means the income gap between you and your spouse directly shapes the final support amount. This is why understanding how this formula works can help you set realistic expectations before your case reaches court.

Eight income streams courts count toward support?

Now that you understand how the formula works, the next step is knowing exactly what goes into your gross income total. In fact, courts cast a wide net when reviewing finances and your income may include more than you expect. Here are the eight income streams Massachusetts courts commonly count toward spousal support:

Wages and salaries: Courts include your base pay, overtime and shift differentials from regular employment.
Bonuses and commissions: Recurring or predictable performance bonuses and commission-based earnings count toward your total.
Self-employment and business income: If you run a business or work as an independent contractor, courts factor in your net earnings.
Severance and retirement benefits: Severance packages, pensions and 401(k) disbursements all apply to your gross income calculation.
Unemployment benefits: Temporary state or federal financial assistance counts as part of your income.
Disability payments: Courts include both short-term and long-term disability benefits in the calculation.
Workers' compensation: Financial awards you receive for workplace injuries factor into your gross income as well.
Investment and trust distributions: Courts also count recurring returns such as dividends and interest toward your gross income total.

Each of these sources adds to the gross income total that courts use to determine alimony. With so many streams in play, you need to take a full look at your finances before your case moves forward.

Understand what your income means for you

Now that you know which income streams courts consider, you have a clearer picture of what your financial profile looks like in the eyes of the law. Every income source you and your spouse have plays a role in shaping the final support outcome. Thus, the more you know about your full financial picture, the better you can protect your future as you go through your divorce.

What if you were not read your Miranda rights during an arrest?

2026-05-07T09:31:13Z

Most people assume that if the police did not read them their rights during an arrest, the entire case disappears. This, however, is not the case. Learning what these rights cover and what they do not can help you if you find yourself in a difficult situation.

When do Miranda rights apply?

Miranda rights stem from a landmark U.S. Supreme Court ruling that requires law enforcement to inform you of certain constitutional protections before a custodial interrogation. These protections include the right to remain silent and the right to have an attorney present during questioning. The key phrase is "custodial interrogation." Miranda warnings are not required simply because police placed you under arrest or stopped you on the street. They apply when you are both in custody and subject to direct questioning, or its functional equivalent, about a suspected crime. This distinction matters because many police interactions, such as traffic stops or voluntary conversations, may not rise to the level of custodial interrogation. If you offered statements freely and without prompting, those remarks could still be admissible even if no one read you your rights.

How is a violation addressed?

New Jersey courts follow federal Miranda standards but have also developed their own body of case law addressing when and how these protections apply. The state has historically taken a protective approach to defendants' rights during custodial interrogation. If law enforcement failed to provide Miranda warnings before questioning you in custody, any statements you made during that questioning may be challenged. A court would then evaluate whether the failure to warn you was a clear violation or whether an exception applied. New Jersey courts also consider whether you voluntarily waived your rights after receiving them. A waiver must be knowing and intelligent, meaning you understood what you were giving up.

What evidence could a court exclude?

When a Miranda violation occurs, the judge can suppress the following:

Statements you made during custodial interrogation without proper warnings
Confessions or admissions that resulted directly from unwarned questioning
Subsequent admissions made after an initial violation, depending on the circumstances

A violation does not invalidate other kinds of evidence. For example, the prosecution may still use witness testimony or forensic results that were not connected to the unwarned questioning.

Where do you go from here?

If you believe your Miranda rights were not properly honored during an arrest, the most practical step is to speak with an attorney who can review the specific facts of your situation. The details of your interaction with law enforcement, including what was said, when it was said and whether you were free to leave, all factor into whether a violation occurred. A successful suppression motion can significantly change the landscape of a criminal case. Without key statements or evidence, the prosecution may have a weaker position, which could influence plea negotiations or trial outcomes.

Common driving habits that may lead to car accidents

2026-05-06T11:33:14Z

Many car accidents in Massachusetts are the result of seemingly harmless everyday driving tendencies. Recognizing these dangerous habits could help you be more mindful the next time you enter the road, potentially sparing you from a collision.

Distracted driving

Checking your phone at red lights, eating while driving, adjusting the radio or talking to passengers might seem harmless. However, these activities may take your attention away from the road. Massachusetts has hands-free laws, but distractions generally go beyond mobile devices. Anything that takes your eyes off the road or your hands off the wheel could increase the likelihood of getting into an accident.

Following too closely

Tailgating is extremely common on Massachusetts highways and local roads. Many drivers underestimate how much distance they need to stop safely. The Massachusetts Driver's Manual recommends maintaining a minimum four-second following distance behind the vehicle ahead of you. This helps ensure you have enough time to react to other drivers. Following too closely could give you no time to slow down if the car ahead brakes suddenly, leading to rear-end collisions.

Improper lane changes and merging

Failing to check blind spots, not using turn signals or cutting across multiple lanes creates dangerous situations. Massachusetts drivers often merge onto highways at speeds too slow for traffic flow or change lanes without adequate space. These habits force other drivers to brake suddenly or swerve, potentially causing chain-reaction accidents.

Speeding and aggressive driving

Driving even slightly over the speed limit reduces your reaction time and increases stopping distance. Aggressive behaviors like weaving through traffic, running red and yellow lights or accelerating to prevent others from merging are unfortunately common. These driving habits might make you more likely to get into an accident.

Making safer choices behind the wheel

The driving habits you practice every day determine not only your safety, but the safety of everyone you share the road with. Recognizing harmful habits could help you stop or avoid them before they lead to a collision. Small adjustments to your driving can make a substantial difference in preventing accidents.

What’s the difference between state and federal drug charges?

2026-04-24T13:14:28Z

A drug charge can create immediate stress, but not every drug case follows the same path. One important difference is whether the case moves through the Massachusetts state court or the federal court.

That difference can affect who investigates the case, which court handles it, what penalties may apply and how the defense should respond.

When drug charges stay in state court

Many drug cases in Massachusetts begin in state court. Local police, state police or county-level investigators may bring these criminal cases after a traffic stop, street encounter, search warrant or local investigation.

State drug charges may involve:

Possession of a controlled substance
Possession with intent to distribute
Drug distribution
Drug trafficking
Prescription drug allegations

The facts are vital. Police may claim they found drugs during a stop or search, but that does not automatically prove the charge. A lawyer may review whether officers had a legal reason to stop someone, search a car, enter a home or question a suspect.

When a drug case becomes federal

Federal drug cases usually involve larger or more complex allegations. A case may become federal when investigators believe drugs crossed state lines, involved a larger distribution network, occurred on federal property or connected to a broader federal investigation.

Federal agencies may also take part in the case. That can include agencies such as the DEA, FBI or Homeland Security Investigations. Federal cases may involve surveillance, informants, wiretaps, controlled buys or search warrants gathered over time.

Federal prosecutors often bring serious charges, especially in cases involving larger drug quantities, alleged trafficking operations or prior convictions.

Why federal penalties can be more serious

Federal drug charges can carry harsh penalties. Some offenses involve mandatory minimum sentences, which can limit a judge’s flexibility after a conviction. Drug type, weight, prior record and the facts of the case can all affect the possible sentence.

State charges can also lead to serious consequences, including jail, probation, fines, a criminal record and driver’s license issues in some situations. However, federal cases often involve stricter sentencing rules and more extensive government resources. That is why it matters to understand the level of the charge early.

What both types of cases have in common

State and federal drug cases can look different, but both may raise similar defense questions. For example:

Did police have a valid reason for the stop?
Did officers conduct a lawful search?
Did the accused person actually possess the drugs?
Did the evidence support intent to distribute?
Did investigators follow proper procedures?
Did the government test and handle the evidence correctly?

These questions can shape the direction of the case. A weak search, unclear evidence or unreliable witness may affect what prosecutors can prove.

Why the difference matters for your future

A drug charge can affect more than the court case. It may put a person’s job, education, housing, family responsibilities, immigration status or professional license at risk.

An attorney can help explain whether the case is moving through state or federal court, what penalties may apply and what options may exist. The right approach depends on the facts, the evidence and what is at stake.

Understanding the difference between state and federal drug charges is an important first step. From there, the focus should be on protecting your rights and making informed decisions about what comes next.

How can you protect your retirement during a gray divorce?

2026-04-01T10:09:06Z

Divorce after 50, often called gray divorce, comes with unique financial challenges, especially when retirement is on the horizon. Unlike younger couples who have time to rebuild their savings, you are facing a compressed timeline to secure your financial future. The good news? With careful planning and the right approach, you can protect what you have worked decades to build.

Understanding what is at stake

Your retirement accounts might represent your largest assets. When you divorce later in life, you and your spouse will typically divide these accounts, including 401(k)s, IRAs and pensions. This division can significantly impact your retirement lifestyle. You may want to get a clear picture of all marital assets before making any decisions. This includes retirement accounts, Social Security benefits, real estate and any other investments you've accumulated together. It is important to understand how different settlement options could affect your long-term security. It might also be beneficial not to overlook Social Security benefits, either. If you were married for at least 10 years, you may have the right claim benefits based on your ex-spouse's earnings record, even if they remarry. This can make a substantial difference in your monthly income during retirement.

Taking steps to rebuild and protect

After your divorce is final, you might want to reassess your retirement timeline. You may need to work a few extra years or adjust your expected lifestyle to account for the division of assets. Creating a new budget based on your post-divorce income and expenses can help you understand what is realistic. It might also be beneficial to update all your beneficiary designations on retirement accounts, life insurance policies and other financial accounts. This often-overlooked step ensures your assets go where you intend. Consider revising your investment strategy, too. With a potentially longer timeline before retirement, you might need to take a more aggressive or conservative approach depending on your specific situation. You might also need to consider healthcare costs. If your spouse's insurance covered you, you might need to secure your own coverage until you reach Medicare eligibility at 65. Gray divorce is challenging, but your financial future does not have to suffer. Taking proactive steps now can help you build a secure and independent retirement, even after your marriage ends.

4 mistakes that can hurt your car accident claim in MA

2026-02-26T17:07:28Z

You were heading into Boston for your morning commute when another driver hit you. Now you are dealing with a damaged car, a sore neck and a stack of questions about what comes next. The decisions you make in the days following a crash can have a real impact on your ability to recover compensation. Here are four mistakes worth avoiding.

1. Waiting too long to seek medical attention

You might feel okay at the scene and decide to skip the emergency room. However, some injuries take hours or days to show up fully. In addition to insurance arguments, delaying care can result in a denial of PIP benefits, which are the primary source of payment for medical bills in Massachusetts' no-fault system. Therefore, seeing a doctor as soon as possible after a crash protects both your health and your claim.

2. Saying too much to the insurance company

Insurance adjusters may contact you quickly after the accident. They often sound helpful, but their goal is to settle your claim for as little as possible. Consequently, agreeing to a recorded statement or accepting an early offer without understanding the full extent of your injuries can seriously limit what you recover later. Be cautious about what you say and when you say it.

3. Failing to document the scene and your injuries

Photos and records matter more than most people realize. If you are able to do so safely, photograph the vehicles, road conditions and any visible injuries at the scene. Furthermore, keep records of every medical visit, prescription and day of missed work. Massachusetts personal injury claims rely heavily on documentation to establish damages. Without it, your case becomes much harder to prove.

4. Posting about the accident on social media

It feels natural to share what happened with friends and family online. However, insurance companies and opposing attorneys regularly monitor social media activity after accidents. Even an innocent post about feeling better or returning to normal activities can be used to challenge the severity of your injuries. The safest approach is to stay off social media entirely until your claim is resolved.

Know your options before you settle

Massachusetts gives injured drivers a limited window to pursue a personal injury claim after a crash. Speaking with a personal injury attorney before you sign anything can help you understand what your claim may actually be worth and make sure you are not leaving money on the table.

Can breathalyzers provide inaccurate results?

2026-02-11T16:10:39Z

A law enforcement officer pulling you over and asking you to blow into a breathalyzer can be a terrifying experience. While this device can produce a blood alcohol content (BAC) reading, it is prone to errors. Understanding the limitations in breath tests is crucial for defending yourself against an operating under the influence (OUI) charge.

How breathalyzers work

When you drink, your body absorbs alcohol. This travels through your bloodstream to your lungs and becomes part of your breath when you exhale. The concentration of alcohol in this air is directly related to the concentration in your blood. Breathalyzers measure the level of alcohol vapor in your breath by using specific technology. Some devices have fuel cells that generate an electrical current when alcohol is present. Meanwhile, breath tests with infrared spectroscopy identify alcohol based on how much light it absorbs.

Why breath tests can be unreliable

Although breathalyzers can project your BAC level, these devices can have flaws that produce false readings. Errors often stem from the following:

Calibration: Lack of calibration can lead to inconsistent and inaccurate results.

Medical conditions: Acid reflux or diabetes can introduce ketones that the machine mistakenly flags as ethanol.

Environmental factors: A device’s exposure to extreme temperatures and chemicals can affect its accuracy.

Test timing: A failure to follow testing protocols can skew results.

If a breathalyzer result of 0.08% or higher is admitted into evidence, the court may convict you based on that number alone, regardless of how sober you appeared. This is why challenging the admissibility of the test is the primary defense strategy in Massachusetts.

Protecting your future

If you receive a high BAC result, understand that it is possible to challenge this evidence. Before reaching a conviction, the jury must find that the test was scientifically reliable and administered correctly beyond a reasonable doubt. While this offers an opportunity to prove your innocence, it is too risky to handle the situation on your own. Seeking legal counsel is a step forward in building a defense.