Posts made in 2016

Three Things You Need to Hold a Facility Liable for Nursing Home Negligence

We’re always eager to take on nursing home negligence cases. There’s a large industry that far too often takes advantage of people and consistently understaffs its facilities, despite making a lot of money from families and the government. People get hurt when the staff can’t stay on top of everyone’s needs, and if you know someone who has been hurt please give us a call and we can talk about the legal options you have.

We are happy to explain to you over the phone or in person as to what is needed to make a case against a retirement home. In the meantime, here’s an overview of the three basic steps needed:



Just like any other personal injury case, a nursing home negligence case requires that the resident was harmed while they were under the care of the defendant. Was the resident hurt because of the negligent actions of the nursing home staff or administration?

As an example, we’ll use bed sores, which are the most common type of nursing home negligence injuries we see. Bed sores happen when someone is allowed to lie down for long stretches at a time and the pressure of their weight on a surface harms the body. We need to show that the resident received these injuries while lying in a nursing home bed owned by the defendant.



Causation means that the injury was caused by the actions of the staff or administration. In our bed sores case, did staff members fail to turn over or move the patient from time to time? Were there too few people on staff to keep up with each and every nursing home resident? It’s not enough that the injury occurred while at the nursing home, it also has to be caused by the actions or lack of actions from the people who work there.



Lastly, now that we’ve established where the bed sores occurred and why they occured, we have to show that the bed sores harmed the senior we represent. Bed sores are an actual injury, and they are both easy to spot and easy to demonstrate that they are harmful. We can then show the medical intervention needed to care for the victim. These have to be actual sustained injuries, not potential injuries that were narrowly avoided.

With liability, causation and damages all demonstrated, we are able to continue the case and seek compensation from the nursing home who causes the inexcusable injuries. Remember, we’re the experts, you don’t have to come to us with the proof of liability, causation or damages. We will investigate to make your case as strong as it can be.

The most important thing you need to do is contact us as soon as you suspect there is a problem, as the sooner we get started the better your chances will be of receiving justice. You can visit our website at or give us a call at 1 (888) 330-6657.

Newsweek Premier Larm Firms 2016

One of Newsweek’s Top Law Firms in the Country

What does it mean to be a top law firm?

This year Newsweek once again recognized our firm as one of a handful of top personal injury law firms in the country. It’s energizing to have a respected institution like Newsweek vouch for us and use their credibility to spread our name.

Colucci, Colucci, Marcus & Flavin has been a contender in Boston’s crowded legal market since the firm was founded in 1995. A few large firms have dominated Beantown for decades and we’ve had to squeeze in to make a name for ourselves. Our reputation has been earned one client at a time, through grit, wits, and dedication to our craft.

In a way, this recognition feels like we’ve been given the key to the city in reward for everything we do for our clients. Managing Partner Darin Colucci is the go-to guy for personal injury cases, no matter how complex or unusual the case. His brother Dino Colucci fights hard for victims of neglect, specializing in day care center and nursing home cases. Paul Flavin has carved out a niche for the failures of ionization smoke detectors.

In a different realm, our elder law experts Matt Marcus and Alex Moschella have helped a lot of families prepare their estates and ensure their loved ones will be left what they promised them.

Clients come before awards

As great as it feels to have our firm’s success and effectiveness presented by Newsweek for the whole country to see, it’s a runner-up to the best compliment we’ve received.

What really matters to us is how are clients feel at the end of the day. We encounter people in a variety of difficult situations, and many of them are experiencing a personal tragedy. Everyone in our firm works to bring comfort to our clients and meet their needs.

That’s what matters to us, that’s what matters to our clients. The award isn’t the goal; the goal is helping the people we represent. People don’t want to bask in the glory of our award; they want us to help them and that will remain our focus. We hope Newsweek’s recognition will let more people know that we are the firm to turn to when life gives them a difficult problem.

If you’re in a jam, give us a call at 1 (888) 330-6657 and we’ll fight for you.

Boston Car Accident Lawyers

Uninsured and Underinsured Motorists Issues in Massachusetts

Uninsured and Underinsured Motorists

Far too many drivers venture out on the road without adequate car insurance. According to the Insurance Research Council, the number is nearly one in seven drivers across the country.

In Massachusetts, the percentage of uninsured drivers is about four percent, or one in twenty-five drivers. Though this means Massachusetts is better than the national average, issues still arise when drivers without insurance get into motor vehicle accidents. Drivers need to be aware of the consequences of driving without insurance and how underinsured and uninsured motorist coverage on an insurance policy can help mitigate the problems that arise.

Consequences for Driving without Insurance

When uninsured drivers get into an auto accident with insured drivers, serious consequences can result. People who drive without auto insurance may face civil and criminal penalties for failing to comply with state laws mandating insurance coverage. They may also lose their houses, cars, savings and other assets if they cause an accident and an injured person sue to recover for his or her injuries.

Different – but no less serious – issues arise for insured drivers who get involved in accidents with uninsured drivers. Those drivers can choose to sue the uninsured at-fault driver personally for the medical bills, lost wages, property damage and pain and suffering that result from the accident. In practice, however, the uninsured driver may be “judgment-proof,” meaning that the insured driver will never collect anything because the uninsured driver simply has no money or other assets.

Uninsured/Underinsured Motorist Coverage

One way that drivers can protect themselves from uninsured drivers is by purchasing uninsured motorist (UM) or underinsured motorist (UIM) coverage as part of their own insurance policies. UM coverage pays medical bills, lost income and property damage expenses when the policyholder is involved in an accident with an uninsured driver.

UIM policies pay expenses that exceed the limits of the at-fault driver’s insurance policy. This is often necessary when drivers carry only the minimum amount of insurance that state law requires. Damages from automobile accidents frequently exceed these state-mandated minimums and a UIM policy can make up the difference so the injured driver does not have to pay personally.

Some drivers may be tempted to try to save money by carrying the least amount of insurance possible and foregoing UM or UIM coverage – or by driving without insurance altogether. However, the problems that arise when people get into auto accidents and the parties do not have enough insurance to cover the damages are too big to make the risk worthwhile.


Medical Malpractice – There’s nothing frivolous about being hurt

There’s a general perception by the public that there are a ton of medical malpractice cases that are being brought to court, and many of them are frivolous and are opportunistic attempts to make money. Frankly that isn’t true, and I’ll tell you why.

We handle a lot of medical malpractice cases here at our firm and we vet them very seriously. We probably reject 10 cases for every one that we would accept. Medical malpractice cases require an unbelievable amount of man hours, and unbelievable amount of money to prosecute. We take these cases on a contingent basis, so we’re not asking the clients for an money up front. We’re staking our money in trying to bring this case through litigation, and all the way to a trial if necessary.

The additional safeguard that exists is that medical malpractices are entitled to a tribunal. That is to say, a hearing before a judge, a lawyer and a medical doctor to determine whether a case has sufficient merit to move forward.

That’s why we are very careful about the cases that we take, and to take those cases that we believe has merit and we believe we can actually obtain a recovery for the client. You can reach us at 1 (888) 330-6657 and we’ll be happy to go over your options and let you know what your rights are.

Can you win with a bad lawyer?

We’ve been in existence as a firm for over 20 years, and during that time we have handled every foreseeable type of personal injury case. From regular motor vehicle accidents, construction accidents, and nursing home negligence, to quirky cases where a plane struck a house and injured people while they slept. We represented a poor woman who took medication that was mislabeled for over a month.

One of our attorneys had three tree cases, where someone was cutting down a tree and didn’t know what they were doing and the tree fell and injured someone. In one case, the tree fell and killed a gentleman.

With all of this experience I can tell you this unequivocally, it all comes down to your lawyer. Whether or not you’re going to get compensated, and more importantly, the amount of that compensation, comes down to the skill of the attorney you choose.

For the plaintiffs, it really is simple. They care about only one case: Theirs.

If it’s important to your family and your family’s future, then why take a chance? You want to go with someone who has experience and who has been there before.

With all the experience we have in the building, and having seen all these cases in every format, we feel comfortable with anything that comes in the door. We’re not the only one who say that, find out why Newsweek listed us as one of the top personal injury law firms in the country. Come give us a call at 1 (888) 330-6657 and we’ll be happy to let you know what your options are.

Have you been injured by a defective product?

The amount of products we use throughout our daily lives truly is astounding. From the refrigerators we use to preserve our food to the cars we use to get to work to the computers and phones we use to check our emails and communicate, hundreds of products exist to make our lives easier. Unfortunately not all products are created equal, and any one of these products being used with a defect could cause serious unexpected injury to the consumer.

A defective refrigerator that does not properly keep food cold could lead to the consumption of spoiled food and thus food poisoning or some other sickness. In Massachusetts, where snow often creates dangerous driving conditions, a car with defective tires may not slow down the way it is supposed to, which could lead to a car accident. Defective phones that overheat could cause burn injuries as we hold them up to our ears. The list goes on and on for every product that you use.

Before you become alarmed, remember that most products are tested and retested to ensure that they are safe for use. Even if a defect is discovered, most companies immediately initiate a product recall to prevent unexpected injuries or damages. However, some defective products slip through the cracks, and those injuries could mean lost wages, hospital bills or even death.

Fortunately for victims of defective products, they can defend themselves with a product liability case. A product liability case allows victims to be compensated for any injuries caused by defective products, as long as the victim can prove that the product was defective and the manufacturer or distributor is thus liable for the injuries.

For more information about product liability and how you could set up a free consultation to discuss the aspects of your case, you may further review here.

Legal Malpractice Practice Area

Can a regular person can stand up to a big company’s legal team?

All personal injury cases we handle are done on a contingency basis. Stated simply, that means that unless we’re successful, they don’t owe us any money at all. Nothing.

We love contingency work, and for three basic reasons.

First, we’re betting on ourselves. We love that, it makes us comfortable in every sense.

Second, we’re in it with the client. We have a joint interest. We’re joined together and we only win if our client wins.

Third, it gives regular people access to really good attorneys because they’re not paying for it out of their own pocket. It levels the playing field between a regular, everyday person and a huge company, which is often on the other side of a personal injury case.

So if a regular person can get their pick of top personal injury lawyers, why should they choose us? How do they know we’re the best. You don’t have to take our word for it, look at what Newsweek said when they featured us in their list of the very top lawyers in the country. If you’re still not sure, give us a call at 1 (888) 330-6657 and we’ll be happy to help you consider your options.

Helpful tips when choosing a safe daycare center for your child

How to find a safe daycare for your kids

Finding a reliable daycare for your children is an anxiety-provoking event. You are turning your child over to others to take care of during the day, completely out of your sight. Very often people ask attorneys at our firm what they can do to ensure that their child is going to be looked after appropriately.

We always give them the same advice and tell them to go to the daycare center, make sure that it’s clean, talk to the people that run the daycare center and really try to feel them out and get to know them. Find out if they’ve taken a CPR course. See if they’ve taken a first aid course.

Find out if they’re insured.

Many people are shocked to learn that daycare centers in Massachusetts don’t need to be insured. There’s currently no law here requiring that they have insurance.

You want to ask those questions and determine whether or not if this is a place that you would want to leave your child. If you do, make sure you return a day or two later unannounced just to see how they’re taking care of the other children. That will give you some level of comfort in knowing that you’ve picked the right place.

Like anything, the more avid the parent is in making sure that their child is going to be safe, the greater the likelihood that the child will be safe in daycare.

If it’s too late for your family to avoid a daycare accident, or you want to hear what your legal rights are, give us a call at 1 (888) 330-6657 and we’ll be happy to talk to you.

Product Liability Case

When the minor plaintiff, a two year old girl, developed symptoms of ordinary congestion, her parents took her to her primary care doctor who recommended the use of a warm steam vaporizer. The parents purchased the defendant’s vaporizer which contained warnings to keep the apparatus away from children. Notwithstanding this fact, the parents placed the vaporizer on the child’s floor at bedtime. The unit was equipped with a glowing orange light that, the defendant advertised, promoted “safety.” The child unexpectedly woke in the middle of the night to notice a glowing orange orb on her floor. When she approached closely to investigate, the steam scalded her face. She was left with a visible and permanent scar under her eye.

The plaintiff’s expert tested the unit and opined that it emitted an exceedingly hot plume of steam which can disfigure upon only “momentary contact.” The expert also noted that the steam exhausted by the vaporizer should not have exceeded 160 degrees Fahrenheit. The unit should also have been equipped with a longer and/or baffled steam path to the steam outlet of the vaporizer and/or provided a protective steam guard around the steam plume which would physically prevent contact with the high temperature portions of the steam plume. The defendants asserted that, if used properly, the unit was in fact safe and that the parents’ conduct prevented the plaintiff from proving proximate cause.

The case endured a failed mediation which yielded a “final offer” of only $125,000. It ultimately settled with the assistance of a new mediator.