Personal Injury Claims in Massachusetts – What You Need To Know

Personal injury means an injury to your body, mind or emotions, and it covers all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or medical injury contact a personal injury & medical malpractice attorney for advice and guidance through complicated personal injury laws. Consider the following:

Statute of Limitations

Massachusetts sets a time limit for an individual to file a personal injury lawsuit which usually begins on the date of injury.  There are a few cases where this date could shift, but nonetheless, the injured individual must keep the three-year limit in mind and seek legal advice as soon as possible. [Read more…]

What You Need To Know If Your Child Suffers an Injury Due to Negligence

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf.

It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:

  • Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make reasonable efforts to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
  • Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area, such as damaged or uneven cement, missing drain covers or broken ladders?
  • Did your child get injured by a product or toy that could have been defective? Did parts come off easily that your child swallowed or that punctured her skin?

[Read more…]

After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know.

First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to file a lawsuit in court for damages. After this time, known as the statute of limitations, a court is likely to dismiss the lawsuit.

Second, Massachusetts law provides that car accidents are adjudicated under modified comparative fault. This means that the amount of your damages is decreased by any percentage of fault you are found to have had in the accident. For example, if a jury finds the other driver 85% at fault and you 15% at fault, then the total damage award of $10,000 gets reduced to 85% of $10,000.

Third, modified comparative fault in Massachusetts also means that a plaintiff can only be awarded damages if he or she is found to be 50% or less at fault for the accident. This is quite different from many other states in the U.S., which operate under a pure comparative fault rule. That rule means that a plaintiff can be awarded whatever percentage of damages a jury has decided they are not at fault. For example, if a jury found a plaintiff 60% at fault and the other driver 40% at fault, the plaintiff would still receive 40% of any total damages under pure comparative fault. That is not the case in Massachusetts, where the plaintiff would not be entitled to any damages.

If you have been injured in car accident and would like a free case evaluation to learn your options, please call our Worcester law office and speak directly to an experienced Massachusetts personal injury attorney.

What You Need To Know To Start Your Personal Injury Case in Massachusetts

The Massachusetts Accident Data Center website reveals an array of accidents that occur in our State every day: a 8 year old boy was injured while riding his bicycle in Worcester; a pedestrian was struck by a vehicle in Shrewsbury; and a two-car wreck in Paxton left four people seriously hurt. You can’t help but wonder what YOU would do, if you — or your little boy — had been injured. It’s an upsetting time, and it gets worse when you realize that you now have another challenge: finding a personal injury lawyer who will protect your rights and fight for just compensation. After all, it’s the only way you can be sure that you receive the care you need, whether it is immediate care for a broken bone or longer-term care, such as physical therapy or other rehabilitation therapy, to help you get back to where you were before the accident.

There are so many ways that injuries occur, and you certainly will require both medical and legal guidance in determining how to proceed in recovery. Our attorneys understand not only the stress and physical burdens you will endure, but also the financial challenges that lay ahead. Serious personal injury can change your life, and you need an experienced legal team by your side. [Read more…]

Construction Site Accidents, What you need to know.

Workplace accidents happen far too often, especially on or near construction sites. The dangerous nature of the profession subjects workers to serious industry specific hazards. In Massachusetts, the construction industry is thriving, and the number of construction accidents is rising.

Statistics from the United States Department of Labor tell us that twenty percent of all workplace fatalities nationwide occur in the construction industry. In 2014, that was 899 deaths — more than two deaths per day. According to those statistics, the four most common types of construction injuries are:

  • Falls
  • Electrocutions
  • Being struck by an object
  • Being caught on, or crushed by equipment or collapsing buildings.

In addition to these “fatal four” reasons, construction workers are vulnerable to chemical exposures and to injuries sustained from faulty or poorly-maintained equipment. [Read more…]

Time Limits on Medical Malpractice Suits in Massachusetts

If you have been injured due to medical negligence and are looking to make a medical malpractice claim in Massachusetts, keep key deadlines in mind. State laws address how long a patient has to file a complaint; damage caps; and other important factors. These limitations can be difficult to keep in mind when beginning the claims process. Finding a personal injury and medical malpractice attorney in Massachusetts will help keep your claim on time while also utilizing their experience to get the best outcome possible.

Standard Deadline is Three Years
In Massachusetts, victims have up to three years from the date of incidence to file a medical malpractice suit in a Massachusetts court. If a lawsuit is not filed in those three years, the victim may lose the right to sue for medical malpractice, unless the case falls into one of the exceptions. [Read more…]

Consequences of Devastating Head Injuries

These statistics from the Centers for Disease Control (CDC) show the impact of head injuries in the United States in a single year: 50,000 people lose their lives, 280,000 people are hospitalized, and 2.2 million people are treated by emergency rooms. The magnitude of these numbers is worthy of discussion, particularly since a traumatic head injury can result from car accidents, slip and fall accidents, and assaults.

Head Injuries Pose Potential for Long-Term Consequences
While a head injury can have immediate repercussions for victims, including headaches, temporary memory loss and feelings of sleepiness, they should not ignore the long-term consequences. Even those victims who suffer very mild symptoms of a head injury after a car accident need to use caution; repeated head trauma has been associated with a higher incidence of Parkinson’s Disease and Alzheimer’s Disease. Those who experience symptoms of severe head injuries immediately after an accident can suffer from:

  • Problems with thinking – some victims are unable to use their power of reasoning and may have long or short-term memory problems.
  • Problems with sensation – it is possible to have difficulty maintaining balance and vision problems after a head injury.
  • Problems with language – victims often have problems communicating and in some cases comprehending language.
  • More serious problems – in cases of more serious head injuries, victims may also be depressed, suffer from weakness in their legs and arms, and show signs of aggressiveness.

These are only some of the potential problems that a victim of a head injury can face, and none of them should ever be taken lightly.

When Head Injuries Impact Your Life
In severe cases of a traumatic head injuries, victims may need round-the-clock nursing care, may be unable to communicate with family members, and may be unable to return to work. These are very serious outcomes; they impact the family and the victim emotionally and financially. This is why anyone who suffers a head injury because someone else was negligent needs to consider reaching out to a personal injury attorney.

Victims should not have to deal with the financial burden associated with care after a traumatic head injury. You should contact a personal injury attorney to determine whether you have the grounds for a civil lawsuit. Should an attorney determine a suit can go forward, you may be entitled to compensation for medical costs, rehabilitation costs and for lost wages.

Do Not Ignore Your Slip and Fall Injury

If you have been involved in a slip and fall accident in a local grocery store or other business, you might be looking to put the event behind you as soon as possible. After all, slipping and falling in such a public venue can be embarrassing, and you might not want to make a bigger deal out of it or call more attention to it than is necessary. However, if you suffered an injury in one of these accidents, you need to take it very seriously, and you should not just ignore the situation or avoid filing a personal injury case. Here’s why.

Your Injuries Could Cost You More Than You Think
After slipping and falling, you might think that a little time and taking it easy will make your injury better. However, chances are that your injuries could be a lot more costly than you think. Medical care is not cheap, and if you don’t file an accident report detailing the incident, then you may not have a case when you realize your injuries are more serious than you originally thought. You might be on the hook to pay for your medical expenses yourself. You also have to factor in the amount of money that you might lose from being out of work. You should not be responsible for these costs, if the accident was not your fault.

Responsible Parties Should Be Held Responsible
Business owners should ensure that their establishments are as safe as possible for their patrons. If they aren’t held responsible for accidents that happen, they might not be more careful in the future. This could put others at risk of being hurt. By pursuing a case, you can help hold responsible parties responsible for the injuries that they cause, even indirectly, to their patrons.

A slip and fall accident isn’t something that you should ignore or “just let go.” Understand your situation and your options by contacting our law office for a free case evaluation.

Commercial Truck Accidents – Taking On Big Corporate

We travel the roads throughout our community to work, home and school. We pay little attention to the different types of vehicles we are sharing the roads with as we go about our business. There are mostly privately owned cars, SUV’s, pickups, and motorcycles on the roads we travel, but we also share the road with hundreds of commercial vehicles throughout the day, and with all the unseen hazards associated with these vehicles. There are dozens of construction vehicles sharing the road with us as well as tractor trailers, garbage trucks, cement trucks, and scores of smaller delivery box trucks from UPS, FedEx, Amazon, and the United Postal Service.

The roads of Massachusetts are congested with all types of vehicles, especially in and around Greater Boston. Commercial drivers are under enormous pressure to get to their destination as quickly and cheaply as possible. Their employers are under the same pressure to meet deadlines and to make a profit on their drivers’ efforts. [Read more…]

Is Your Home Safe Enough For Your Active Toddler?

Just how safe is your home for your little toddler? You’ve purchased cabinet locks, door handle protectors, socket covers, and you’ve put soft pads on the corners of the coffee table. So you’re all set, right? Maybe, maybe not. Unfortunately, there are hidden dangers with certain pieces of furniture that you may have missed.

Furniture and Television Tip-Overs
We hear on the news all too many times about a young toddler being seriously injured by a falling television, bookcase, or dresser. Thousands of children are injured and killed every year in the United States by furniture tip-overs. Children often use the drawers or the shelves of a dresser or bookcase for climbing, not realizing that their weight can topple the furniture. Following are some tips on how to protect your child, and visiting children, from the dangers of tip-over furniture.
Anchoring Furniture is Best
Take the following steps to anchor properly your furniture to avoid tip-over accidents:

  • Purchase anti-tip brackets for top-heavy furniture. Anchor all large and tall furniture with drawers and shelves to the studs in the wall.
  • Be sure to set furniture firmly on a hard surface floor so it is not wobbly or that it shifts due to cushioning in a carpet or rug.
  • Only purchase and use sturdy furniture that is made specifically to hold televisions.
  • Mount flat-screen televisions to furniture or the wall.
  • Secure TVs that cannot be mounted to the wall by anchoring them to the wall.
  • Remove toys and other objects that may tempt a child to climb the furniture.

Even if you don’t have children, aren’t expecting children or don’t anticipate any children visiting, these tips still ensure the safety of everyone in the home, including your pets.

If you’ve suffered a personal injury due to a furniture tip-over, please call our office for a free consultation and to learn your options.