Category Archives: civil litigation

Practice Focus: Post-Trial and Appellate Law

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appealscourtroomOne of my firm’s key practice areas is handling criminal and civil appeals. An appeal happens when a party loses at trial, either because of a judge’s decision or a jury’s verdict, and wants to try to challenge the outcome. This area of practice is highly specialized because special rules and procedures apply that are very different from those at the trial level.

I have over a decade of experience representing parties in post-trial matters. I am currently a member of the Committee for Public Counsel Services Criminal Post Conviction and Appeals panel and the Children and Family Law Appeals panel. Take a look at the representative cases page for a small sample of some of the Appeals Court decisions that I have litigated.

If you are an attorney and need to refer an appellate matter, or a person or business who needs post-trial or post-conviction relief, please give my firm a call.

How Much Auto Coverage Should I Carry?

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auto-insuranceAs an auto accident attorney, I get this question a lot. If you drive an automobile in Massachusetts, you already know that you are required to carry insurance. But how much insurance should you carry to protect yourself in the event of an auto accident?

In Massachusetts, the minimum requirement is only $20,000 per person, $40,000 per accident. That means if you cause an accident, and the other party is injured, you are only protected up to $20,000 if that person pursues a claim against you. If two or more people are injured, the coverage is only $40,000. As you can imagine, this is a very small figure when it comes to personal injury cases.

In serious accident cases, it is not uncommon for medical bills alone to exceed $100,000. If the injured party misses time from work, that party can come after you for lost wages, as well as pain and suffering. If you don’t have enough insurance, the injured party can put liens on your home, seize your car or other assets, and levy against your bank accounts.

The best way to protect yourself is to get good coverage and an umbrella policy. Typically you can get $1-2 Million in coverage for a lot less than you might think. If you lack insurance coverage, or want to review whether your coverage is adequate, please contact me and I can set you up with a great agent who can make sure you have the coverage that you need.

In an car accident in Massachusetts, who pays my medical bills?

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sturbridge-crash-051814-jpgIn Massachusetts, the question of who pays for your medical bills if you’re involved in an automobile accident is not as straightforward as it might seem. If you have health insurance, you may assume that your health insurer will take care of your bills. However, this is not completely correct.

In Massachusetts, all motorists are required to carry Personal Injury Protection (PIP) coverage, which provides $8,000 of coverage for medical bills, copayments, and lost wages. If you have private health insurance, your health insurer will not pay any of your bills until PIP has paid the first $2,000 worth of medical bills. The rules are different if you are on Medicare or MassHealth, as these insurers require that PIP pay the full $8,000 in benefits before they pay any medical bills.

This interplay between PIP and health insurers can lead to all sorts of problems, as health care providers will often try to bill the wrong insurer. This scenario often leads to your health insurer or car insurer denying coverage, and collection notices being sent to you, the patient. Therefore, even if you are reluctant to file a claim for your injuries, it makes a lot of sense to hire a lawyer to sort through the insurance issues. You may even get a check for pain and suffering for your trouble.

If you’ve been injured an an automobile accident in Massachusetts, please contact KPDM Law, LLC toay at 617-804-5736.

If You Own a Corporation or LLC, You Must Be Represented By An Attorney In Court

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judge_robeOften, and particularly in landlord tenant matters, business owners will try to represent themselves in Court. In the legal world, we call this pro se representation, and it is usually driven by the cost of hiring an attorney. While individuals are allowed to represent themselves in court, corporations or limited liability companies cannot do so, except in small claims cases. See Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79, 79 (1988). If a corporation or limited liability company owner tries to appear in court on behalf of their company, the company can be defaulted.

As a practical matter, this means that if you are a landlord, but your business is run through a corporation or limited liability company, you must hire an attorney to pursue an eviction or respoind to a lawsuit. Likewise, if a customer or vendor sues your company, you must hire an attorney to represent the corporation or limited liability company or you risk a default. If the court defaults you, it means the other party has won the case. A default can subject you or your company to monetary damages.

If you do get defaulted, you should seek an experienced attorney immediately. It may be possible to get the default removed and the case reinstated, but this requires quick action by competent counsel. In fact, the best legal advice anyone can give you is to retain competent legal counsel whenever you interact with the legal system. While it may seem expensive at first, in the long run a good attorney will save you headaches, financial pitfalls, and allow you more time to focus on what you do best.

Investigating Automobile Accidents – the First 24 Hours Is Critical

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auto investigationWhenever my firm receives an automobile accident referral, we act immediately, because time is critical. In a serious automobile accident, the early stages of investigation are so important because evidence fades or gets destroyed over time. Seemingly small details, like scorch marks, gouges, or tire marks in the road are valuable evidence that needs to be examined and photographed by experts.

I once represented a person who was so severely injured in a motorcycle accident that he spent weeks in the hospital. Although the police department had an on-site investigator that did his best to preserve evidence and perform an accident reconstruction, that officer only did accident reconstruction on a part-time basis. He made some mistakes in taking measurements of skid marks that ended up being central to the case. Unfortunately, that referral came to us well after the accident took place, so by the time we were able to get our own investigator, the skid marks were all but gone. We still managed to get a good result in the case, but that was much more difficult because we did not have access to the accident scene immediately after the accident.

If you’ve been injured in an automobile accident, hiring an experienced attorney is so important. Many attorneys dabble in auto accident claims, but few have the practical experience of investigating and representing injured people in serious accidents. I have been doing this for over ten years, and have prosecuted these types of cases at the highest levels. If you need help, please contact me.

Uninsured Motorist Coverage Is One of the Best Ways to Protect You and Your Family in an Auto Accident

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are you coveredWhile carrying car insurance in Massachusetts and Rhode Island is mandatory, the coverage that motorists are required to have is not likely to be sufficient to protect you if you are injured in an accident. The minimum requirement is only $20,000 per person in Massachusetts and $25,000 per person in Rhode Island. With rising medical costs and typical emergency room bills exceeding thousands of dollars, that kind of coverage is hardly sufficient. To make matters worse, not everyone is diligent in paying their insurance bills, and injured motorists often find themselves in situations where the at-fault party does not have any insurance coverage at all.

How can you protect yourself? Purchase uninsured and under-insured coverage. These coverages protect you, the policy holder, in the event that another person causes you injury and either does not have sufficient coverage, or does not have any coverage at all. Adding these coverages to your auto insurance often does not add all that much expense to your annual automobile insurance bill, but adds tremendous protection for you and your family. We recommend at least $100,000 of coverage, but $250,000 to $500,000 is definitely worth the premium.

If you do find yourself in a situation where you have been injured and the other party does not have sufficient coverage, contact an experienced lawyer immediately. Kevin DeMello of KPDM Law, LLC has over a decade of experience handling these types of cases, and has built a track record of success. If you need help, please do not hesitate to contact us.

Attorney Kevin DeMello Offers Expertise in Personal Injury, Real Estate, and Business Law

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portraitAfter announcing the launch of my new law firm, KPDM Law, LLC, I have received a great outpouring of support from clients, friends, and family. I thank you all for your support. I have been asked frequently why my firm specializes in the areas of personal injury, real estate, and business law. The answer is that these are all areas that I have developed expertise in my ten-plus years of practice.

In the personal injury area, I have represented hundreds of people who were injured as a result of another’s negligence. These cases include car and truck accidents, slip and fall, construction site and industrial accidents. I have represented clients at the highest levels, including before the Massachusetts and Rhode Island Superior Courts, and appeals courts. Please click on the representative cases link on my web site for examples, but I have achieved results for my clients that include six and seven figure settlements and awards.

For the past two years, I have represented banks and fortune 500 companies in real estate litigation and transactions involving residential mortgages, purchases, and sales. I have expertise in foreclosure defense, mortgage law, title issues, and all manner of residential and commercial real estate disputes. I represent both people and businesses in real estate matters ranging from closings to leasing, title problems, and property disputes.

Given my experience representing people and businesses in complex civil litigation, I have a unique perspective that I can draw on to advise small and medium-sized businesses in issues such as leases, contracts, corporate, and employment issues. I have represented both plaintiffs and defendants in Massachusetts and Rhode Island consumer protection violations, employment matters, and contract disputes. I bring this expertise to my business clients to help them navigate the complex waters of the business legal landscape.

Again, thanks for your support, and I look forward to helping you if you ever have need of my services.

Grand Opening of KPDM Law LLC, a Personal Injury, Real Estate, and Business Law Firm

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kpdm law blue bgKPDM Law, LLC is a law firm founded on the concept that the client’s interest, not billable hours or settlement numbers, comes first. What matters to you, matters to us. While our firm believes that putting our client’s interests first is the best way for us to grow as a firm, we also believe that it is the right thing to do. 

My name is Kevin DeMello, and I founded KPDM Law, LLC. I am an attorney with over a decade of experience in the practice of law in Massachusetts and Rhode Island. I have led litigation teams in high-stakes litigation in matters involving personal injury, real estate, and business litigation. Take a look at these representative cases for some examples of the results I have obtained for my clients.

I became an attorney because I wanted to help people. For that reason, integrity is the foundation of my practice. When I take on a case, my commitment is to do everything in my power to advance your cause. If you have been injured in an accident, have a real estate issue, or just need legal advice, please call me. I would love to help.

The Importance of Hiring an Attorney As Soon As Possible After An Automobile Accident

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car-accident-2Retaining an attorney following an automobile accident is something an injured party should do as quickly as possible. An experienced attorney will move quickly to investigate the facts and circumstances of the accident. Evidence, like skid marks and debris at the scene, can quickly deteriorate, so getting to the scene to observe and take photographs quickly can be critical. There are also important issues that need to be addressed soon after an accident that can have an important impact on the case.

Massachusetts law requires a person who was operating a motor vehicle involved in an accident in which any person was injured to file an operator’s report with the Department of Motor Vehicles within five days. See G.L. c. 90 s. 26. If you have been injured in a car accident, this operator’s report becomes a critical document that can and will be used against a claimant by insurance companies and defense lawyers. It is therefore extremely important to consult with an attorney experienced in handling automobile accident cases before completing and sending in this report.

Apart from the legal and insurance issues, retaining an attorney as quickly as possible can save the stress and headaches associated with the process of filing a claim.

Why the Tom Brady Appeals Court Decision Matters for Everyone in Labor

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footballsWhile the recent decision to reinstate Tom Brady’s appeal may seem like a distant drama of the sports world involving billionaire owners and millionaire players, the appeals court decision has impacts for both employers and employees in labor unions. The Brady case is now Federal precedent, and that precedent holds that an employer’s arbitrator has a tremendous amount of power to decide labor disputes without being subject to court review. See NFL v. Brady, Docket No. 15-2801, (2nd Cir., 2016).

For employers, this means that there is yet another precedent strengthening the already high burden that employees face in overturning an arbitrator’s decision. Employers know that arbitration is an excellent way to keep legal costs down and to resolve labor disputes far more quickly than resorting to the court system. Although an employee can try to attack an arbitrator’s decision in court, the Brady case demonstrates that doing so is a difficult proposition even when the arbitrator’s decision appears to be very controversial.

For employees, the Brady decision underscores that employees may be giving up significant legal rights when agreeing to arbitration. The Brady decision stresses the importance of bargaining for guarantees in that an arbitration will be fair. In Brady’s case, the NFL collective bargaining agreement gives the commissioner a tremendous amount of latitude and discretion, which is a key point the Court relied on in making its decision. Had the collective bargaining agreement been drafted differently, Brady may have had a much better shot at his appeal. Employees and labor unions should take note and understand just what they are agreeing to when they consider arbitration clauses in contracts.