Posts tagged with "Boston MA Attorneys"

Lawsuit

Does Every Case Result in a Lawsuit?

If you watch a movie or television show where someone files a lawsuit, it will almost always end in court. Why is that? It’s because fictional courtroom scenes are dramatic and exciting. That’s what audiences want to see.

But in our own lives, we don’t want drama. If you’ve filed a lawsuit, it’s because you or someone close to you has been seriously hurt and you’re just trying to piece your life back together. That’s not a lighthearted scenario and you don’t want to your future to be determined by the whims of a judge and jury.

That’s why most cases end in a settlement or claim with an insurance company, not a lawsuit. Settling is quicker, it is easier on the client, as opposed to making multiple court appearances, delivering testimony and living with uncertainty if the case drags on. Going to court is stressful for clients, and there are risks, such as losing the case or receiving less than a proposed settlement.

Every time you fill a jury box with 12 different people, you are risking getting a different result. A settlement removes that uncertainty.

There are also additional legal costs to litigation. It’s possible to receive more in a lawsuit than a proposed settlement, but have the client end up with less after paying for the trial. Even when that is over, there’s the potential for the appeal process and you could be looking at several years of total time.

Going to trial is always a last resort after all other options have been exhausted.

 

When Do You Go to Trial?

 

As experienced attorneys, once we have all the facts, we know what a given settlement value is for a case. If we can reach a settlement agreement in that ballpark, we will advise the client to take it. If we know we can get $100,000 for a case and we are offered $90,000, we will most likely advise the client to agree to the deal to avoid the litigation costs and risk of uncertainty.

If we can’t receive something in that fair range, then it’s time to consider a lawsuit. Our experience helps us determine when any risk is worth enduring to make sure our client receives fair compensation.

 

Now, What Can You Do?

If you’ve been injured and you are ready to take the next step, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and what comes next.

Colucci Law

3 Steps to Choosing the Best Lawyer for Your Legal Needs

A few years ago my car started to have problems and the mechanic told me he needed to replace my crankshaft sensor. Up to that point, I didn’t even know what that was, and I’d never considered myself in the market for a new one. Hiring an attorney is often the same way: You’ve spent most of your life without thinking about one, but now all of a sudden you need to find the best lawyer around as soon as possible.

When you go to the produce department to purchase an exotic fruit you’ve never had before, you need to learn what to look for and how to tell a good one from a mediocre one. The same is true for hiring a lawyer, and here are three easy steps to help you find the best lawyer in your area.

3 Steps to Choosing the Best Lawyer

 

Reputation

Great lawyers are not secret agents who hide behind the scenes. The best ones make names for themselves, so find out who has a strong reputation. Go to Avvo.com to see who has a strong rating in your practice area.

Alternatively, you can look up attorneys you are considering to represent you and see how their reputations hold up online. Avvo incorporates reviews, both in numerical scores and in written comments. Read what the reviewers had to say and consider if that is someone you would want to represent you.

 

History

The best lawyer will always have a track record of success. Attorneys are eager to publicize their successful cases because they want those results to help attract future clients.

Look up an attorney you are considering in a search engine. Check Lawyers Weekly for their name, and make sure you include any middle initials so you don’t get John K. Smith confused with John H. Smith.

Skilled attorneys are not one-hit wonders. Superb personal injury lawyers will have more than a dozen high settlement cases under their names.

 

Recommendations

Nothing is as reliable as asking a friend or family member about the attorneys that they hired. Ask around. If your cousin had a good experience with attorney Jillian T. Rainmaker, do some research on her and consider contacting her office.

It’s also not a bad idea to hire a friend who is also an attorney, just as long as you’re comfortable having frank conversations with someone you know about your own medical, financial and personal matters.

It doesn’t matter what order you take these steps in, just as long as you are methodic about it. Picking a lawyer is not like ordering a pizza, so don’t just go to the nearest location from your home.

 

Ready for the Next Step?

If you’ve check out our ratings and case histories and are considering moving forward, give us a call at 1 (888) 330-6657 or contact us.

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.

Summer Camp Negligence – What to Watch for

There are two usual reactions parents have when seeing their kids off to summer camp: One is a relief that everyone will have a fun vacation, especially the parents who can focus on unwinding and having more time to themselves. The other is fear and worry, as their children could be in danger and they won’t be able to help them.

Without exception, it’s more fun to be in that first group, but the parents in the second group have a point: When you sign up with a summer came, you are giving control of your child’s safety over to the staff, and if that staff isn’t prepared to take the problem seriously, then you should be worried.

What A Safe Camp Looks Like

 

If you want to stay in the happy, carefree first group, look over the camp in person when the camp counselors are there. Make sure there are enough people old enough to show maturity and responsibility, instead of a pack of young teens who are going to have their eyes on other counselors the entire time.

Are there enough counselors to look over all of the kids, is there a nurse on staff who can treat any minor injuries that do occur? Does the camp have a good reputation with other parents? These are all important questions to answer before the summer begins.

It doesn’t matter if it’s a day camp or an all-summer camp: Your kids will be under the care of someone else, and there will be chances where a negligent person could fail to keep them safe. It’s no different than a daycare center, where children don’t go overnight but can still be at tremendous risk if not looked after carefully.

Camps needs to have the correct safety gear for the activities they promised they will perform. It would be pretty egregious to take kids out on a boat without life jackets, and fortunately, safety regulations are so well known on that subject that we’re not aware of anyone who has done that. You should be more concerned about games of tackle football played without helmets and pads.

Negligent behavior, where summer camp staff fail to protect kids from common, preventable risks are the makings of a lawsuit. Some injuries, like a twisted ankle, are fairly hard to prevent and would generally not be appropriate for a civil suit.

Now, What Can You Do?

 

If someone from your family has been hurt at summer camp, 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.

 

There are many types of nursing home abuse

When we put our loved ones in the care of a nursing home, we do so with the expectation that they will be given the utmost standard of care, and that their every need will be attended. Unfortunately, for one reason or another, this does not always happen. There are many things that can go wrong in a nursing home, and negligence at any stage can cause harm to the residents.

Obviously, the purpose of a nursing home is to provide residents with exceptional care, using a team of experienced, qualified staff members who are capable of providing this care using medical equipment and products designed to facilitate the care of the residents. However, any one of these facets of nursing home care could become an issue, which could affect the care that your loved one receives.

For example, if a nursing home is negligent in its hiring practices, then the staff members may not be able to provide adequate or necessary care to the residents. Being unable to administer an injection, for example, could cause your loved one to be injured or even killed depending on the circumstances. Additionally, negligence in properly maintaining equipment could cause a critical part of a patient’s care regimen to fail, leading to serious injury.

We all want what is best for our loved ones, which is why we place them in nursing homes in the first place. As we become unable to care for our loved ones, we entrust their well-being to others, but when they fail in their duty to provide adequate care, the consequences can become disastrous. If you live in Massachusetts, and your loved one has been injured while in the care of a nursing home, consider meeting with an attorney. You could be entitled to compensation.

Vertical roasters recalled after reports of shattering

The truth is that most companies are very aware of the potential dangers with their products, and they do all that they can to minimize or eliminate those dangers. Companies are aware that when a dangerous product is released onto the market, and someone is injured or killed as a result, not only will the company be forced to recall the product and likely payout a settlement to the victim, the public’s perception will shift against the company. Because a defective product can be so damaging to a company, both financially and publically, they often issue recalls as soon as they are aware of potential dangers. Vertical roasters recalledTCC Cooking Company recently recalled a line of vertical roasters after receiving more than two dozen reports of breaking or shattering. Though no injuries were reported, such breaking can easily cause lacerations or burns to consumers. The company has recalled nearly 4,000 units in an effort to prevent such injuries, offering full refunds to customers who purchased the defective product.

It is always refreshing to see a company recall a product when it is made aware of potential safety hazards, before any serious injuries occur. Unfortunately, not all companies issue such recalls, and sometimes the company simply does not know about the danger until it is too late. In such cases, victims of injury by defective product may be able to file a personal injury lawsuit, Boston MA to be compensated for their injuries.

Like nearly every injury, if another party’s negligence is responsible, then that party will likely have to pay for medical expenses and other damages. When companies release dangerous or defective products, they can often be considered negligent in their business practices. If you have been injured by a defective product in Massachusetts, consider meeting with an attorney to help you learn more about how you can prove that a defective product caused your injury.

Source: cps.gov, “TCC Cooking Company Recalls CHEFS Vertical Roasters Due to Burn and Laceration Hazards,” Oct. 14, 2015