Posts made in June 2017

Nursing Home Negligence

Attorneys For Nursing Home Abuse

Helping The Most Helpless Since 1995

As personal injury attorneys, we are aware of the skepticism that many people hold toward injury lawyers. Happily, this skepticism rarely manifests in cases involving handling nursing home negligence and abuse.

We believe this is the case because injured nursing home residents and their families clearly need the caring assistance of an experienced lawyer. Elderly people’s injuries are real and apparent, and it is important that those responsible for nursing home residents’ injuries be held accountable for negligence and carelessness.

If you need legal help regarding injuries sustained in a nursing home or other care facility, contact Colucci Colucci Marcus & Flavin, PC.

Don’t Accept Substandard Care In A Nursing Home

Our Boston nursing home abuse lawyers have handled many dozens of nursing home injury and wrongful death cases. Some of these cases involve situations where a resident has suffered abuse that could be sexual, physical or emotional in nature. Neglect — whether because of inadequate staffing or another reason — is another form of abuse that could result in a person not receiving proper food and water. Residents can suffer physical harm if they’re not rotated in bed regularly, making them susceptible to bedsores or pressure ulcers. Residents who are not properly supervised sometimes wander off, or fall and break a bone. These types of negligence cases don’t only occur in nursing home settings; they can also happen in an assisted living facility, or in situations where a person needs a home health aide. Sometimes doctors even fail to properly diagnose patients, or fail to treat them once they are diagnosed. Even with a correct diagnosis, errors in prescribing or administering medications can cause serious harm. Our firm understands the betrayal that occurs when your loved one has been harmed by the very people entrusted with his/her care. We hold the responsible parties accountable for their actions and aggressively seek justice for your loved one.

We Value Every Human Life

Often, an adult child of an injured nursing home resident walks through our door following a frustrating meeting with another law firm, where he/she was told his/her case was denied because his/her parent was “too old.”

While it is true that age can lessen the value of a claim, we believe that every life has value and that every family deserves caring and committed legal help.

We have accepted nursing home negligence cases involving injured 90-year-olds after numerous other firms turned down the case. To us, it feels good to fulfill our goal of providing compensation for all injured parties, especially those least able to care for and fight for themselves.

Contact Massachusetts Nursing Home Negligence Attorneys

We work on a contingency fee basis in all areas related to personal injury law. This means that you pay nothing if we don’t win compensation for you and that all attorney time is at no charge, including your initial consultation.

We are available for day, evening and weekend appointments. We can visit you in your home or in the hospital and are conveniently located six miles from the South Station Tunnel right off the Expressway near Route 128. To contact the Boston and Cambridge elder abuse law firm of Colucci Colucci Marcus & Flavin, PC. Get a free consultation today! 

Should I sue after a dog bite?

Let’s get one thing clear: No case is guaranteed. There is always a risk factor from the human element involving the whims of a judge or jury. That being said, dog bite cases are some of the easiest cases to win and victims have the best odds of prevailing.

In fact, Massachusetts has a strict liability for dog bites: The owner of the dog is responsible for the injury. It’s written right into the general laws. Chapter 140, Section 155 to be exact.

Some people think dogs are entitled to one free bite; they’ve never bitten a person before and the owner couldn’t possibly have known that they would bite someone. That won’t protect you. Your dog bit a person causing a serious injury to someone who was minding their own business and you own that dog, that’s your responsibility.

If you’re an adult and your dog bites someone, you are responsible. If you’re a minor and your dog bites someone, your parents are legally responsible. The damages will usually be covered by homeowners insurance.

That cover the overwhelming majority of dog bite cases. There are two big exceptions, however, spelled out plainly in the law.

 

The Exceptions to the Dog Bite Law

The dog owner is not responsible if you were bitten while being cruel to the dog. The exact words of the law are that you can not be “Teasing, tormenting or abusing” the dog. If that was happening, it’s entirely expected (and possibly justified with adults) for the dog to fight back.

The law also says the dog owner is responsible so long as the bitten person was not “committing a trespass or other tort.”

If you jump my fence and my dog bites you, I have a good defense. You’re on my property. If you’re attacking me and my dog jumps in to protect me, the only thing I expect to pay for is a steak for Fido.

If you have a “Beware Dog” sign it probably won’t protect you from a lawsuit. If you verbally warn a person that your dog bites and they reach out and get bitten, the person would probably be found to be 40 percent responsible for the bite, and you would be 60 percent responsible as the dog’s owner. That’s still a majority of responsibility and you would still be liable for damages.

 

Have You Been Bitten?

If someone from your family has been hurt by a dog, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and possible next steps.