Posts made in July 2014

Lawsuit filed over teen’s brain injury at school

As we go out into the world every day, there are dangers lurking around every corner. Modern society has done much to mitigate these dangers, but it has also created a host of potential problems. For instance, we go into stores almost every day and trust that the store’s owner is taking care of hazardous conditions by cleaning up spills, providing proper lighting, hiring security guards if necessary and posting signs that warn potential victims of any dangers that might be present.

When they fail to do so, people can get injured and may find themselves in an instance ofpremises liability. So, in the same way we trust store owners and city administrators to keep us safe, we send our children off to school every day trusting that the administrators and keepers of the facilities are creating a safe environment for our loved ones.

The family of a girl who suffered a brain injury at school have filed a lawsuit. She was participating in a sumo wrestling event as a part of her school’s spirit day. During the event, the girl’s head was hit and she asked the event workers to let her stop because of the negative side effects she was experiencing, but they refused. She now suffers from communication issues and her mother says she now behaves like she’s 7 years old and seems like a completely different person.

Tragic accidents like these underline the inherent issues involved with insufficient or negligent supervision. If you feel you’ve been victimized by this in Massachusetts, you may want to sit down with an attorney, who might be able to help you get compensation.

Source: CBS Miami, “Family Of Teen Injured At School Event Announces Lawsuit,” Carey Codd, July 22, 2014

Personal-Injury Lawyer Update: 3 Facts About Brain Injuries

Brain trauma is one of the most common types of injuries associated with car accidents. In 2010, approximately 2.5 million Americans suffered brain trauma, according to the Centers for Disease Control and Prevention.

However, not all head injuries are brain injuries. To be classified as a traumatic brain injury, the incident must cause a disruption in the regular function of the brain. Most concussions are examples of mild brain injuries.

If severe, these injuries can impact a car-accident victim’s life, making it difficult to perform everyday tasks and impossible to work. If a negligent driver was to blame for such an injury, the victim could file a civil lawsuit against that driver to seek compensation.

At Colucci, Colucci, Marcus & Flavin, P.C. in Boston, we are dedicated to helping negligent-driving victims exercise their rights to receive compensation. If you or a loved one has suffered a serious brain injury in a car crash, a personal-injury lawyer help you decide if a lawsuit is the right next step. Call us at (617) 698-6000.

  1. Even a Minor Traumatic Brain Injury Can Lead to Serious Problems

Until recently, most doctors thought that only serious brain injuries could result in lasting cognitive problems, but researchers have recently proven otherwise. FOX News reports that a study focused on people who had mild to moderate brain injuries and found that many suffered ongoing problems due to lasting brain damage. According to the results, even people who fall victim to mild brain traumas can suffer from memory and speech problems.

  1. Symptoms Don’t Always Include a Headache

Many people don’t address their injuries after a car accident because they don’t feel that their head has been harmed. However, a traumatic brain injury can manifest in many symptoms.

The Mayo Clinic advises that it’s common to feel excessive fatigue and nausea after a brain injury. Also, many people begin to feel disoriented, have difficulty sleeping or sleep more than they usually would. Any change in behavior or physical wellbeing after a crash could indicate a serious injury, so it’s important to seek medical care–even if it doesn’t seem necessary at first.

  1. Brain Injuries Can lead to Many Complications

The brain is complicated, and depending on what part is affected, the results can be very serious. For instance, it’s common for serious brain injuries to result in comas or vegetative states.

Seizures are also common after injuries and can become chronic, which is known as “post-traumatic epilepsy.” In very serious cases, brain death or locked-in syndrome can develop. A locked-in state is characterized as full awareness without the ability to move or speak.

Whether you’ve suffered a severe, traumatic brain injury or a mild one, a personal-injury lawyer can help you seek justice from the negligent driver that caused the accident. We can arrange free consultations during the day and on weekends. To speak with a personal-injury lawyer in Boston about your injury, call us at (617) 698-6000.

Potentially dangerous children’s toy being recalled

Whether we realize it or not, we rely on a wide variety of products every day with little or no knowledge of who made them, where they came from and whether they are safe or not. We take a pill when we get sick. We turn on the oven to make dinner. We hop in the car to go to work. We open a bag of snack food when we’re craving a bite to eat. We do all this without thinking because we trust that the things we use on a daily basis have gone through tests to ensure that they are safe to use.

But defective products are out there. Sometimes it’s a problem of logistics. There are just too many products out there for the government or any governing body to examine everything thoroughly. Manufacturers, then, have a responsibility to the consumers to use common sense and run their products through a of host safety tests to catch any potential dangers. If they don’t, lives could be at stake.

In the case of toy manufacturers, those lives lost could be children. After a long fight, the Consumer Product Safety Commission is recalling a popular toy made up of magnetic balls. The balls are made from rare-earth elements and can be dangerous when swallowed. As a result, the estimates indicate that, from 2009 to 2011, 1,700 children had to be taken to an emergency room because of the toy.

Cases like these go to show that just because a product is sold in a well-known store doesn’t mean it is safe. It’s a good policy to do your research before allowing your child to play with anything. If your child has been negatively affected by a dangerous children’s toy, you may want to consider speaking with a Massachusetts attorney.

Source: nytimes.com, “After Two-Year Fight, Consumer Agency Orders Recall of Buckyballs,” Rachel Abrams, July 17, 2014

Massachusetts truck rollover kills prize-winning goat

As trucks are often towing heavy loads, they can be harder to control and prone to accidents. Furthermore, depending on the content of the load, trucking accidents can result in widespread damage affecting multiple other drivers. An accident in Massachusetts proved costly for the family involved when an accident claimed the life of a goat they were grooming to be a champion.

The four individuals in the truck were heading to a country fair in Kentucky to show their goats. The 24 animals were in a camping trailer attached to the back of the truck. Unfortunately, the driver, a 53-year-old woman from Rehoboth, lost control when she was passed by a tractor-trailer. Her vehicle and the attached camping trailer rolled over, coming to rest at the side of the road.

The prize-winning goat was the only casualty of the accident. No one else was seriously hurt. The goats were transported from the scene with the help of Charlton animal control and the owner of Sturbridge Service Center, who had been called to remove the wreckage.

The loss of the goat was understandably upsetting for the occupants of the vehicle, but they were fortunate that the toll was not greater. Even so, accidents such as this can be deeply distressing, leaving the victims shaken for some time after the event.

If you are involved in a truck accident, you may be concerned about the cost of repairing your vehicle, not to mention any medical expenses you may have incurred. If this is the case, an attorney can assist you in pursuing a fair payout from your insurance company, or even seeking compensation if someone else was responsible for your accident.

Source: Telegram, “Prize-winning goat dies in rollover on Mass Pike,” Craig S. Semon, July 12, 2014

Personal-Injury Lawyer Report: Drunk Driver Arrested After Fatal Accident

According to the Foundation for Advancing Alcohol Responsibility, 35 percent of all fatal car crashes in Massachusetts involve a drunk driver. It’s tragic that so many deaths in our state are preventable. In many cases, drunk-driving accidents lead to deaths in the impaired driver’s vehicle.

That is what happened in a recent car accident that involved a Massachusetts driver. MassLive News reports that Miguel Barreto, Jr. was driving with two passengers early in the morning when he crashed his vehicle. He’d borrowed the car from a family member to drive his cousin. Sadly, no one survived the crash.

Police say Barreto lost control of his vehicle while attempting to merge onto the highway. He hit a guardrail at a high rate of speed, and the impact launched his car into the air. It landed on its side before sliding more than 150 feet and colliding with a lamppost.

During an investigation, officers found illicit drugs and alcohol in the car. They determined that Barreto was intoxicated at the time of the accident.

Pedestrians Struck at Night in Boston

Police are remaining silent about a fatal pedestrian accident that occurred last week. CBS News reports that one vehicle struck two pedestrians who were walking across the road after 9 p.m., before another vehicle struck at least one of them again.

One of the pedestrians died at the scene; the other sustained critical injuries. Paramedics also took two people who were in the first vehicle to the hospital with serious injuries. Police refuse to discuss what caused the crash.

If you are involved in a car crash with a negligent driver, don’t hesitate to call us. AtColucci, Colucci, Marcus & Flavin, P.C., we can meet with you and discuss the facts surrounding the accident to determine whether or not a lawsuit is an appropriate next step. To arrange a consultation with a Boston personal-injury lawyer, call us today at (617) 698-6000.

Bicyclist Seriously Injured in Car Accident

Boston Magazine reports that a lumber truck struck and ran over a cyclist in a construction zone last week. As is usually the case with cycling accidents, the truck attempted to turn right in front of the cyclist who was going straight. Witnesses say the bike frame twisted around the woman’s thigh and crushed it. A construction worker who witnessed the accident said a police officer should have been directing traffic at the busy intersection due to the construction.

If you believe that your injuries were caused by a negligent driver, don’t hesitate to contact a personal-injury attorney to help you obtain compensation for medical bills and lost wages. At Colucci, Colucci, Marcus & Flavin, P.C., we have extensive experience negotiating with insurance companies, and you can count on us to be available whenever you have questions or concerns. To speak with an experienced personal-injury lawyer about your car accident, call our office at (617) 698-6000.

Personal-Injury Lawyer News: Bicycle Accident Roundup

Collaboration between advocacy groups and researchers in Boston yielded a map of bike crashes in the city. Boston Magazine explains that the image depicts crashes from the past three years; however, it’s not up-to-date enough to show the incidents that occurred in 2014.

One of the crashes missing from the map involved a garbage-truck driver and a bicyclist. Police say Ricky Prezario struck Owen McGrory in April before leaving the scene of the accident.

McGrory died from injuries he suffered in the crash. Prosecutors charged Prezario with homicide and leaving the scene, but a grand jury recently decided not to indict him.

CBS Boston reports that prosecutors were upset by the lack of an indictment. There is no doubt McGrory’s family was also dismayed to hear the news. Unfortunately, this type of situation is far too common, and the family members of cyclists that die in car accidents may not be able to find justice in the criminal courtroom.

Thankfully, they can seek justice and compensation through a civil lawsuit. If you are looking for an experienced personal-injury lawyer to help you file charges against a negligent driver after a bicycle accident, call us.

At Colucci, Colucci, Marcus & Flavin, P.C., we are a hard-working team of attorneys who are committed to standing up for the victims of negligent drivers. To learn more about our services or to speak with a personal-injury lawyer, call us at (617) 698-6000.

Man Hospitalized After Bike Accident

According to WCVB News, EMS airlifted a bike-accident victim to a nearby hospital after a collision with a school bus. Police would not release the man’s name but did say he was 52 years old.

At approximately 8:00 a.m., the school bus collided with the cyclist. Within half an hour, paramedics were flying the man to a medical center with serious yet non-life threatening injuries. Police say the man was wearing a helmet, which is probably what saved his life.

Neither the bus driver nor any of the students were hurt in the crash.

Bike-Sharing Programs Could Increase the Risk of Head Injuries

The Washington Post reports that cities with bike-share programs have a higher rate of head injuries among cyclists. The reason is simple.

The program provides bikes but fails to provide helmets. Not many tourists or commuters think to bring their own helmet, especially since the rentals lend themselves to spur-of-the-moment customers. University researchers found that cities with these programs could see up to a 14 percent increase in the number of head injuries.

If you are ready to speak with a personal injury lawyer about your accident, call us. We can arrange a consultation to discuss the circumstances of your case and determine whether or not a lawsuit is in your best interest.

We consistently beat our clients’ expectations in terms of compensation, and we have the confidence and experience to accept cases that other attorneys decline. To learn more about our services, call us at (617) 698-6000.

Amtrak Accident Kills Three, and Other Personal-Injury Lawyer News

According to the Federal Railroad Administration Office of Safety Analysis, the number of fatal train accidents is increasing. Between 2011 and 2014, the number of deaths in train accidents rose from 149 to 194.

The average passenger vehicle in the United States weighs approximately 2 tons. By contrast, the average locomotive weighs 200 tons. This difference in weight clearly illustrates why accidents between trains and cars almost always cause a fatality.

In most train accidents, the driver of the car is at fault because the train cannot alter course, and the operator will have difficulty slowing a train in time to avoid an accident. However, there are cases when the train operator is at fault due to negligent or reckless behavior.

Investigators are trying to determine whether or not this was the case in a recent train accident in Boston.

Investigators Must Determine If the Train Was Speeding Before the Car Accident

The most common form of negligence for train operators is speeding. The Boston Globereports that the speed limit near the crash site is 125 mph. At those speeds, travelling even five to 10 mph over the limit is extremely dangerous.

Authorities say a car stopped on the tracks just before the accident, and investigators aren’t certain whether or not it was stalled. However, the train driver saw the vehicle and immediately attempted to stop his Amtrak regional train.

Unfortunately, he wasn’t able to stop in time. The train struck the vehicle and dragged it for 3 miles. Police say that two men and one woman were in the vehicle. All three died in the car accident.

It’s often difficult to determine who is at fault for a car accident, especially when speaking with an insurance company. If you believe another person’s negligence played a role in your accident, you’ll need a personal-injury attorney to help you support your claim and seek compensation.

To connect with an experienced, tenacious personal-injury lawyer in Boston, visit us today at ColucciLaw.com, or call our office ate (617) 698-6000.

Train Passengers Recount the Details of the Tragedy

Passengers on the Amtrak train at the time say they heard a horn just before the train began shaking violently. It took the train conductor approximately 30 seconds to slow to a stop, during which time the train was dragging the car and spreading debris.

The local police department is collaborating with the Federal Railroad Administration to investigate the accident and determine whether or not negligence played a role. However, their first priority is to find out why the car was on the tracks in the first place.

If you’re looking for a personal-injury lawyer in Boston, don’t hesitate to contact us. At Colucci, Colucci, Marcus & Flavin, P.C., we have been helping Boston car-accident victims since 1995.

To learn more about our services or to arrange a consultation, please call us today at (617) 698-6000.

Personal-Injury Lawyer News: Transportation Authority Tightens Cellphone Ban

Texting while driving is the newest form of distraction on U.S. roadways, and it’s causing a surge in car accidents. Unfortunately, the problem might be more widespread than you imagine. The National Highway Traffic Safety Administration reports that between sunrise and sunset, there are 660,000 Americans texting behind the wheel at any given moment.

Apparently, this terrifying statistic includes our public bus drivers. At 7:30 a.m., Shanna Shaw was on her regular route as an MBTA driver. She’d been a bus driver since 1996.

While driving across an overpass, Shaw lost control of the vehicle, crashed into a guardrail and almost sent the bus tumbling over the edge, onto a highway. Eight of her passengers were injured in the accident, and several accused her of texting on her phone just before the crash.

Police Say Shaw Lied About Texting and Driving

Not long after the accident, Boston.com reported that investigators caught Shaw lying about using her cellphone. Her version of events differed from her passengers’ accounts in that she said she suffered a sneezing fit, which led to the accident.

Shaw stuck to her story until investigators told her they had footage of her texting and driving, which they’d recovered from the bus’s onboard camera. That’s when they decided to charge her with obstruction of justice. She faces several other charges because of the incident.

Although she’s since pleaded not guilty to the charges against her, Shaw has already lost her driver’s license, and the MBTA fired her for texting and driving.

Most states have strict laws against cellphone use for bus drivers, because they are responsible for so many passengers every single day. Massachusetts law prohibits bus drivers from using cellphones at any point during their workday. These rules went into effect after a trolley driver injured 60 passengers while texting and driving.

If you’ve been injured by a negligent driver in Boston, you’ll need an experienced personal-injury lawyer to help you file for the compensation you deserve. There is no excuse for knowingly endangering other drivers, and we are proud to stand up for victims of negligence.

At Colucci, Colucci, Marcus & Flavin, we specialize in distracted-driving lawsuits. To arrange a case evaluation with a personal-injury attorney from our firm, call us today at (617) 698-6000.

The MBTA Strengthened Its Cellphone Ban After the Accident

WCVB News reports that the transportation authority is taking a new approach to the issue. Previously, drivers who had cellphones with them while operating a vehicle would face a 10-day suspension. Now, they will most likely be fired just for carrying a phone in their pocket or purse. The newest policy is one of the toughest in the country.

If you’re looking for a reliable personal-injury lawyer in Boston, don’t wait to contact us. To learn more about our services, please call (617) 698-6000.

 

Woman Injured in Elevator Fall, and Other Personal-Injury Lawyer News

Personal-injury law covers a wide range of situations and injuries. Perhaps the most well known type involves car accidents, but there are a variety of situations when you have the right to file a civil lawsuit. All of these areas have one factor in common: negligence.

apt fire

Put another way, if you suffer an injury and you believe that another person’s negligence caused that injury, then you might consider filing a lawsuit to seek compensation. Premises liability is an area of personal-injury law that holds property owners responsible for maintaining a safe environment for guests, customers or tenants.

The vast majority of these accidents involve falls that the owner of the premises could have prevented. For instance, if you own a department store, you would be responsible for maintaining the escalator, keeping the floors clear of debris and addressing any hazards in a timely manner. Failure to do so could lead to injuries, as well as a lawsuit.

The Boston Globe recently reported on an accident at Fenway Park that could lead to a premises-liability lawsuit. A woman was on the fourth floor waiting for the elevator after a recent game between the Red Sox and the Tigers when the accident occurred.

The Doors Opened Before the Elevator Arrived

An initial report indicates that one of the doors opened and the woman fell into the elevator shaft, falling two floors before landing on the top of the elevator. Firefighters arrived and turned off the power before rescuing the woman.

She suffered serious injuries and is recovering at a nearby medical center. The managers of the building were responsible for keeping the elevator in working order, meaning they needed to conduct regular maintenance and inspections.

An elevator inspector is currently investigating the accident to determine the cause. If the owners neglected to maintain the elevator, they could face a lawsuit.

If you’ve suffered an injury and you’re considering a premises-liability lawsuit, don’t hesitate to contact us to speak with a personal-injury lawyer. At Colucci, Colucci, Marcus & Flavin, PC, we are a team of experienced lawyers, and we’ve been helping victims of negligence since 1995.

Whether you’ve been injured in a car accident or in a department store, we are here to help. To arrange a consultation with a Boston personal-injury attorney from our firm, call us today at (617) 698-6000.

Apartment Fires Often Lead to Premises-Liability Lawsuits

CBS News reports that an apartment building burst into flames at approximately 2:30 a.m. last week. By the time firefighters arrived, people were jumping from second-story windows. Six apartments were destroyed in the blaze.

In total, 13 people suffered injuries in the fire, including nine residents, two police officers and two firefighters. Investigators are still looking into the cause of the fire. Oftentimes, landlord negligence plays a role in fires, giving the victims the right to seek compensation through a liability lawsuit.

If you’ve been involved in an apartment fire in Boston, you may be able to file a claim. At Colucci, Colucci, Marcus & Flavin, PC, we can investigate these incidents to support our clients’ claims.

To speak with a personal-injury lawyer in Boston about your injuries, call us today at (617) 698-6000.

Nursing home cited for failing to protect against abuse

They’ve cared for you their entire lives — fed you, nursed your cuts and bruises, cried with you at life’s tragedies and rejoiced with you in all your victories. Parents give us life and dedicate their lives to ensuring we are cared for through every step of our journeys. So, it’s only right that we do the same for them when they reach an age where they can no longer care for themselves. The nation’s nursing homes fill this role for us when we can no longer do it and they have a sacred obligation to provide at least a reasonable standard of care for our loved ones.

Sadly that isn’t always the case. Nursing home abuse is, unfortunately, a relatively common occurrence in Massachusetts and across the country. Following a May 19 incident, the state of North Carolina’s Department of Health and Human Services cited an elder care facility for not being able to keep their residents from being abused. The citation is related to an incident in May that left bruises on one elderly patient in their care. Apparently, the staff got into a physical altercation with a resident that left him with the reported injuries.

Talks between the department and the facility’s doctor indicated that the man succumbed to the injuries incurred from the incident and other medical issues from which he was already suffering. He died June 3.

Cases like these are a sad reminder that sometimes nursing homes can be negligent and fail to provide proper care. Residents often suffer from physical and mental abuse because of a lack of safeguards or poorly trained staff.

Our loved ones should never have to suffer this type of abuse. If you suspect mistreatment, a Massachusetts attorney may be able to help you build a case.

Source: wxii12.com, “NC cites nursing home, alleges lack of abuse protection,” July 2, 2014