Phillips, Silver, Talman, Aframe & Sinrich, P.C.FindLaw IM Template2026-10-15T04:04:44Zhttps://www.pstas.com/feed/atom/WordPressOn Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[What is a latent construction defect?]]>https://www.pstas.com/?p=651222026-10-15T04:04:44Z2026-10-15T04:04:44ZConstruction disputes often revolve around allegations of defects in a completed project. Determining liability for these defects, if they exist, is important, especially when multiple parties worked on the project simultaneously. A general contractor may have hired numerous subcontractors, for instance, and purchased parts or materials from manufacturers and suppliers.
One thing that can complicate the process is when it is a latent defect. This means that the defect is hidden and would not always be immediately obvious upon inspection of the property. This can delay when the defect is discovered, which can sometimes make it a bit more difficult to determine liability.
When did the defect occur?
For instance, if someone inspects their new property and finds cracks in the foundation or the walls, it is instantly obvious that there are structural defects that need to be addressed. They know this on Day One, and repairs can begin.But with a latent defect, it may not even be clear that anything is wrong with the property at all. Say that it takes a homeowner 12 months to discover that there is leaking in their new roof. They thought everything was fine during the initial inspection, but there were hidden, underlying issues that only became clear over time.This can raise numerous questions. Was the defect present when the contractor finished the project? Has the homeowner done any work on their roof themselves? Have they hired other subcontractors or local repair companies? When did the issue actually start?Because these cases get complicated, it can help to work with an experienced construction defect attorney when navigating such a dispute.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can an employer deduct money from an employee’s paycheck?]]>https://www.pstas.com/?p=651192026-10-12T14:46:18Z2026-10-12T14:46:18ZDeductions employers can legally make
Your employer can deduct money from your paycheck when the law requires it or when you authorize a deduction for your own benefit. Common examples include:
Federal and state income taxes and Social Security contributions
Court-ordered wage garnishments, such as child support
Authorized contributions to health insurance or retirement plans
However, your agreement does not automatically make every deduction legal. The deduction must meet the requirements of Massachusetts law.
Deductions Massachusetts law prohibits
Massachusetts generally prohibits employers from charging you for ordinary business expenses or taking money from your wages to cover workplace losses. For example, your employer generally cannot deduct the cost of required tools, damaged equipment or a cash shortage simply because the loss occurred during your shift.
The state also limits charges for meals, housing and uniforms. If your job requires you to buy or rent a uniform, your employer must reimburse you for its actual cost. Special rules govern deductions for meals and lodging, including limits on the amounts charged and requirements for your voluntary agreement.
Know the limits on paycheck deductions
Under the Massachusetts Wage Act, employers cannot avoid wage payment rules simply by asking employees to sign an agreement. The law generally bars deductions unless they qualify under an authorized legal exception, including certain valid debts owed to the employer.
This means your employer cannot automatically take money from your paycheck just because you signed a workplace policy accepting responsibility for damaged property or other losses.
Protect your rights as an employee
Massachusetts law protects your right to receive the wages you have earned, subject to permitted deductions. If you are an employee, understanding these limits can help you recognize when a paycheck deduction deserves closer review. Speaking with an employment attorney can help you check your situation carefully and decide what you should do next.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Lack of testamentary capacity when making estate plan updates]]>https://www.pstas.com/?p=649822026-10-01T00:17:45Z2026-10-01T00:17:45ZPeople will often make updates to their estate plan at various times in their life. This can significantly alter many decisions, such as how assets are passed on to beneficiaries. Updates are often made when someone’s assets change, when family relationships change – such as through marriage or divorce – or when their health and medical needs change.
One key detail at this time is that a person needs to have testamentary capacity to be able to update their plan. This generally just means that they have the mental capacity to understand what property they own, what beneficiaries they have and the impact of altering their estate plan. They should understand the basics of how a will or an advance directive will work, for example, and cognitively grasp the impact of these changes on their family.
This can sometimes lead to an estate dispute
Issues with testamentary capacity do sometimes lead to disputes as the estate goes through probate.For example, a person may update their estate plan near the end of their life, shifting assets away from certain beneficiaries and giving them to others. But those beneficiaries may claim that the individual lacked the testamentary capacity to make those updates. Perhaps they were suffering from a disorder like Alzheimer’s or dementia. They did not understand the changes they were making, the beneficiaries will claim, and so the updates do not reflect their true wishes.Navigating this type of dispute can be complex and often involves legal paperwork, medical documentation, financial records and much more. It is important for those going through this process to know exactly what legal options they have at this time.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[How much space should drivers give cyclists?]]>https://www.pstas.com/?p=649762026-09-19T13:35:29Z2026-09-19T13:35:29ZAs a cyclist, you may often feel that drivers are far too close to you on the road. You may be riding on the right-hand shoulder, for example, when drivers start passing just a foot or two away from your bike. It feels like any one of them could strike you at any moment, and it seems quite dangerous.
New laws in Massachusetts have aimed to reduce this danger. In 2023, a law was passed saying that drivers need to give cyclists four feet of space. They are not allowed to legally pass without doing so.Moreover, this does not just apply to cyclists. It also applies to pedestrians, such as people who are out for a walk or a jog, along with those riding scooters and roadside workers.
Why don’t drivers follow this law?
If people have been passing you with less than four feet of space, it becomes apparent very quickly that not everyone is following this new law.Often, the reason is that the driver is in too much of a hurry to wait until they can pass safely. If you are on a small two-lane road, for example, a driver may not be able to give you 4 feet of space if there is oncoming traffic.What they should do is simply reduce their speed and follow your bike until the oncoming lane is clear. They can then use part of that lane to give you an extra buffer of space as they go around. But in reality, drivers will often try to push their way through with too little space, risking a serious accident.
Seeking financial compensation
If one of these drivers strikes you while you are on your bike, not only have they violated the law, but they may cause significant injuries. You need to know what rights you have to seek compensation for medical bills, lost wages and more.
]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Undue influence and a position of power]]>https://www.pstas.com/?p=649752026-09-03T14:12:55Z2026-09-03T14:12:55ZOne potential reason for a probate dispute is if there are accusations of undue influence. This means that someone influenced an elderly person to alter their estate plan in a specific way, typically to that individual’s benefit. Other beneficiaries may challenge these alterations on the grounds that they were just a result of manipulation and that they did not truly reflect what that elderly person actually wanted.
In many cases, power dynamics play a significant role. The person who is committing the alleged undue influence may be in a position of power, while the elderly person is a relatively vulnerable individual. This may mean that they are being exploited for financial reasons.
How could this happen?
There are many different ways that this can happen, with one example being when an individual is acting as a caretaker for the elderly person. They may help them remember to take medication or perform daily tasks around the house. As a result, they could threaten to withhold this care if their proposed changes to the estate plan are not made, meaning that they are manipulating the outcome.Additionally, the elderly person could be suffering from some sort of ailment that makes manipulation easier. Perhaps they have dementia or Alzheimer’s, so they struggle with memories or recognizing exactly what is happening around them. A person close to them uses this as an opportunity to tell lies about other beneficiaries, tricking the elderly person into removing those people from the estate plan. In this case, the vulnerability of the elderly person, due to their declining mental state, leaves them open to manipulation.These are just two examples to show how undue influence happens and what types of red flags to look for. When probate disputes do arise, those involved must know what legal steps to take.
]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can you recover damages for pain and suffering after a crash?]]>https://www.pstas.com/?p=649742026-08-21T17:50:28Z2026-08-21T17:50:28ZUnlike compensation for economic losses such as medical expenses and lost wages, pain and suffering damages are intended to address the physical discomfort, emotional distress and other non-economic consequences of your injuries. They may also account for limitations on your daily activities and the ways your injuries affect your overall quality of life.
Not everyone qualifies for pain and suffering damages after a crash in Massachusetts. You must satisfy certain requirements to pursue these damages, as explained below.
The legal threshold in Massachusetts
Massachusetts law generally requires an injured person to meet a statutory threshold before recovering damages for pain and suffering after a motor vehicle crash. In most cases, pain and suffering damages may be recovered only when the reasonable and necessary expenses incurred to treat the ensuing injuries are determined to exceed $2,000.However, the $2,000 requirement does not apply to certain serious injuries. These include fractures, permanent and serious disfigurement, loss of a body member and qualifying loss of sight or hearing. If your injury falls within one of these categories, you may pursue pain and suffering damages without necessarily meeting the $2,000 threshold.Fault is another important consideration. Massachusetts follows a modified comparative negligence rule, meaning you cannot recover damages from the other party if you are found to be more than 50% responsible for causing the crash.
How is pain and suffering valued?
There is no fixed dollar amount for pain and suffering after a car accident. The amount you may recover will depend on the specific facts and circumstances of your case. Factors that may matter include:
The severity and duration of your physical pain
Whether your injuries are permanent or require extensive treatment
The emotional distress associated with the accident
Limitations on work, hobbies and daily activities
The impact of the injury on your relationships and quality of life
Your degree of fault for the crash
Medical records, treatment history and testimony about how your injuries affect your everyday life can help demonstrate the extent of these losses. Reaching out for professional legal guidance after a crash in Massachusetts can help you understand the damages you may be entitled to and what evidence can support your claim.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Elder financial abuse and inheritance disputes]]>https://www.pstas.com/?p=649732026-08-14T19:23:40Z2026-08-14T19:23:40ZProtecting an inheritance from elder financial abuse
Massachusetts has laws in place to protect older adults from financial exploitation. Sadly, financial exploitation does not always become apparent until after the elderly person dies. Families may discover that substantial assets are missing or that the estate plan changed shortly before their loved one’s death.
It’s important to realize that not every unequal gift or unexpected inheritance is evidence of abuse. An older adult has the right to decide how to use and distribute their property. The problem occurs when there is evidence that a transaction resulted from fraud, coercion, misrepresentation or undue influence.
Undue influence can be particularly important in inheritance disputes. An older person may have the legal capacity to make a will or give away property. However, they are vulnerable to someone who exercises inappropriate influence over the person’s decisions. Undue influence may be grounds for invalidating a will.
Potential signs of financial abuse
To protect their older loved ones, families should pay attention to changes that are inconsistent with that person’s normal financial habits, such as:
Large or unusual cash withdrawals
Unexplained transfers
Frequent overdrafts
Adding a new co-signer or joint account holder
A new friend, relative or caregiver taking an unusual interest in the older person’s finances
Unexplained changes to a will, trust, beneficiary designation or power of attorney
A third party speaking for the older adult or controlling access to family members
Missing bank statements, checkbooks, credit cards, jewelry or other valuable property
If you suspect that a family member is being financially exploited, it’s important to take prompt action. If they are still living, protecting them from further financial abuse may be the immediate priority. If the person has died, it’s essential to contact a legal professional as soon as possible to help determine whether the circumstances warrant a will contest.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Did your employer misclassify you as an independent contractor?]]>https://www.pstas.com/?p=649682026-08-03T12:34:46Z2026-08-03T12:34:46Zthree-part test. Your employer might have misclassified you if it cannot prove every part of that test.
How Massachusetts decides your worker status
To treat you as an independent contractor, the business must prove the following:
You control how you perform the work.
You provide services outside the business’s usual work.
You run an independent business that offers the same services.
Your actual work matters more than the label in your contract. Consider who sets your schedule, assigns your tasks and directs your work. You may also review whether your service matches what the business offers its customers.
For example, a cleaning company that hires you to clean offices for its clients could have trouble meeting the second requirement. Cleaning offices falls within the type of service that the company sells.
What employee status could mean for your pay
If the law treats you as an employee, wage protections might apply to your work. You could have a claim if the business paid you less than minimum wage. You may also qualify for overtime after 40 hours in one workweek unless an exemption applies.
Employee status may affect other rights as well, including earned sick time and access to proper payroll records. Consider keeping your agreements, pay records and work schedules. Messages about your duties or hours could help show how the business directed your work and calculated your pay.
Protect your rights with good records
A contractor label does not decide your status under Massachusetts wage law. Learning the three-part test may help you understand your rights. Reviewing your daily work and saving key records could prepare you to make an informed choice and protect your right to lawful pay.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can I sue a grocery store for a slip-and-fall accident?]]>https://www.pstas.com/?p=649672026-07-21T13:25:42Z2026-07-20T17:02:34ZFactors contributing to liability claims
To successfully sue a supermarket or grocery store, you would have to prove that the business failed to maintain a reasonably safe environment. To prove premises liability in Massachusetts, you need to establish certain critical legal criteria such as:
Duty of care: The business owes a legal duty to keep its property reasonably safe for customers
Negligence: The business knew or reasonably should have known about a dangerous condition and failed to fix it or warn customers
Mode of operation: The business’s regular method of operation makes recurring risks predictable, making it liable for foreseeable risks
Causation: The business’s failure to address the hazardous condition was the direct cause of your injuries
The state operates under a modified comparative negligence law system. That means, you can still recover money as long as you are 50% or less at fault. If a jury decides the injury was 80% the store's fault and 20% your fault, your total financial award could be reduced by 20%.
Life after a slip-and-fall injury
A sudden injury does more than disrupt your physical well-being; it can adversely affect your daily life, livelihood and peace of mind. Taking the right steps early could help you secure the resources you need for a full recovery. Speaking with an experienced Massachusetts personal injury attorney could help you clarify what legal options might be available to you.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can a handshake agreement still be enforced in Massachusetts?]]>https://www.pstas.com/?p=649662026-07-14T18:21:36Z2026-07-14T18:21:36ZA handshake might create an enforceable agreement
An oral arrangement can have legal effect even if there is no written contract creating an agreement. Whether a verbal arrangement can be enforced depends on the specific circumstances and the available evidence showing what the parties agreed to.
The difficult part is not proving if the conversation happened but proving what exactly was agreed on. When there is no written contract, there can be disagreements over pricing, deadlines, responsibilities, and even whether there was an understanding at all.
This is one reason why many businesses choose to put all important agreements in writing, even when the relationship is built on mutual trust.
Some agreements should always be in writing
While verbal arrangements are sometimes enforceable, Massachusetts law recognizes that some contracts can be of higher risk if left undocumented. Some agreements generally must be in writing to be enforceable, including certain real estate contracts and agreements that cannot be performed within one year.
The legal requirements of having a written contract are less about trust and more about creating clarity when significant obligations are involved.
Good business relationships still benefit from clear records
Business relationships often evolve as companies grow, ownership changes or new employees become involved. A written agreement gives everyone a shared reference point, making it easier to continue the relationship even as circumstances change.
A handshake can still reflect confidence between two parties while making important business decisions, but having a written contract can protect both the relationship and the business itself.]]>