Posts tagged with "colucci colucci marcus and flavin"

Daycare Injuries

The Most Common Daycare Injuries

Daycare injury cases are heart-rending to work on. Not only are they almost universally preventable, but they happen to innocent children who are supposed to be under the care of a responsible adult.

Tragically, a high amount of these cases end in the death of a child. Toddlers and other young children are vulnerable and injuries that an adult can recuperate from can permanently harm a child.

How Do Daycare Injuries Happen?

In a word, negligence. There may be one adult who is looking after too many kids at once. That’s the fault of the daycare management for allowing a dangerous situation where you have one pair of eyes attempting to track more than a dozen kids that are running around in all directions. There could be 30 kids to one adult, we’ve seen it all.

Even if they have enough staff members on duty, some of those staff members may allow themselves to become distracted. We had a case a few years ago where a child died after he went missing for nearly 15 minutes, and we were able to see the daycare worker had posted on Facebook during that crucial time.

What do daycare injuries look like? A lot of them are broken bones, such as kids climbing on things and tumbling down. There’s a lot of cuts and lacerations, such as kids not being supervised around sharp objects like scissors. Hands caught in doors are also common, which can easily become a permanent injury for small children. All of these hazards are preventable.

Think of every way a kid can get hurt at home, and then multiply the risk factor by 10. That’s what a negligent daycare is like, and unlike at home, they don’t have a Mom or Dad looking after one or two kids. There can be a whole classroom worth of children to watch, and the person watching better be paying attention.

What Can You Do Now?

Has one of your children been hurt while at daycare? 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.

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.

Nursing Home Abuse

Tales From Our Files – Unreported Nursing Home Abuse

Both state and federal laws mandate that nursing home facilities report serious cases of abuse to local police, yet a recent National Public Radio report citing an investigation conducted by the Office of Inspector General reveals that more than one-quarter of serious cases of nursing home abuse were not reported to authorities. Shockingly, some of these unreported cases of abuse involved injuries that were so severe that their victims ultimately required emergency room care.

Federal Law Mandates

Some of the cases are particularly infuriating. One elderly woman was sexually abused after being brutally beaten. Federal law mandates that an event of this magnitude be reported to police “within two hours” or risk a $300,000 fine. The nursing home purposely failed to comply with this rule, however. “Instead”, says Curtis Roy, Assistant Regional Inspector General of the Department of Health and Human Services, “…they cleaned off the victim, [and] in doing so, they destroyed all of the evidence that law enforcement could have used as part of an investigation into this crime.” Remarkably, the nursing home didn’t alert the victim’s family until the following day. Equally shocking, it was the victim’s family that first alerted the police, not the facility. Once local police became involved, the nursing home actively tried to dissuade any ongoing investigation into the attack.

Unreported Nursing Home Abuse

Mr. Roy’s comprehensive investigation, which covered 33 states, revealed that the majority of the unreported cases involved sexual abuse of elderly patients.   Mr. Roy concluded that a relatively simple change of protocol by the Centers for Medicare and Medicaid Services likely holds the key to uncovering a facility’s unscrupulous practice of failing to report abuse to the authorities. By merely cross referencing a nursing home patient’s Medicare claims with their contemporaneous claims from an emergency room visit, an incident of abuse or neglect can be suspected or inferred. Once a patient’s emergency room diagnosis is scrutinized, authorities can better appreciate whether a resident was a victim of a crime such as physical or sexual assault.

By most estimates, approximately 1.4 million Americans currently reside in our nation’s nursing homes. That number is expected to balloon as more from the “baby boomer” generation reaches retirement age.

It is important to point out that abuse in a nursing home setting is not the norm nor is it inevitable. By employing simple awareness and vigilance, however, a resident’s family can discourage, prevent and/or detect incidence of nursing home abuse.

Dino M. Colucci, Esquire, is the founder of Colucci, Colucci, Marcus & Flavin, P.C., a law firm dedicated to representing victims of nursing home neglect. For many years he has lectured and served as an adjunct Professor of Law at Suffolk University Law School. He has also been consistently named as a “Super Lawyer” by his peers as published by Boston Magazine.

Nursing Home Neglect

How to Tell If a Nursing Home Is Neglecting a Loved One

Nursing homes and other assisted living care facilities are businesses a family hires to look after elderly loved one who can no longer safely look after themselves. Sadly, a lot of these places let folks down and nursing home neglect is a growing problem in America as the Baby Boomer generation ages and more of its members require assistance.

It’s common to find nursing homes that are understaffed or that lack adequate services, but the average person may not be able to tell which places are superb and which ones allow people to suffer. If you suspect your loved one isn’t being taken care of properly, try these simple strategies.

 

Ask Questions

Go right up to staff and ask them how many people are on duty, and how many seniors they are looking out for. Don’t be afraid to ask people about their credentials and qualifications. Do you see mostly teenagers and college students working there?

If something looks odd or out of place to you, ask about it. Is another resident in a wheelchair just left in the hallway facing the corner? Don’t be shy, ask what is going on.

 

Listen to Complaints

Most people being taken care of in nursing homes still have their wits about them, and if your loved one is talking about a problem, take them seriously. The seniors themselves are often the best source of information about problems in the nursing home. If they say someone else isn’t being taken care of properly, follow up on it and see if it’s true.

 

Pay Attention to Injuries

Does your senior have strange sores on their hips, heels, ankles or tailbone? That’s most likely a bedsore, and it’s the most common sign of nursing home neglect. These sores come from someone left lying in bed all day without being turned or moved.

Broken limbs are also a problem, and this can come from a senior who tried to move on their own and fall, such as if the staff doesn’t respond to their requests for help. That’s not the fault of your loved one, that’s a neglect issue and it needs to be followed up.

 

What Can You Do?

If someone from your family has been neglected at a nursing home or other care facility, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and what you can do 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.

The Wrongful Death Double Whammy

No event is as painful and life altering for a person as the sudden loss of a loved one. The unexpected and preventable wrongful death of a family member is emotionally scarring and often financially devastating.

There are frequently many unanswered questions which tend to anger and frustrate surviving family members and these questions complicate the grieving process. Additionally, vulnerable family members are forced to abruptly confront anxiety provoking issues like unpaid medical bills, funeral expenses, loss of income and other unexpected and substantial financial consequences.

The stark financial realities that a family must face can be overwhelming — particularly at a time when they are struggling to cope with such devastating news. Not only did you just lose someone you love; you could be on the cusp of losing your home too.

Our firm, Colucci, Colucci, Marcus & Flavin, P.C., can help.

 

No Time To Spare

“Time is of the essence” is our informal motto. From the first moment we are consulted, our team employs an urgency that is truly unique in the legal profession. Our aggressive investigations find critical witnesses before they disappear, secures evidence that would otherwise have been lost or gone unnoticed, and ultimately uncover the truth so that our clients can eventually begin to achieve some measure of acceptance and peace of mind. Our long case track record of holding accountable those responsible and obtaining maximum recoveries for our clients speaks for itself.

The sudden loss of a loved one always causes more questions than answers. We can make your life a little less uncertain.

Over the years, many hundreds of vulnerable clients have honored us with their trust to guide them during some of their most difficult days. During all of that time, our philosophy has remained unchanged: “Do today what others won’t do so that tomorrow you can do what others cannot.”

It’s Time to Act

If you’ve lost someone close to you, give us a call at 1 (888) 330-6657 or contact us and we can get started right away and help you get through this difficult time.

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.

 

Can I Sue for my Child’s Brain Injury During Sports?

Organized sports can be an extremely positive experience for adolescents and teens, where they practice setting personal goals, cooperating with a team, and competing with rivals. Unfortunately, youth sports can also lead to serious injuries and even death. What happens if your child is injured while playing a game in an organized school sport? Can you sue your public school?

In a word, no.

High school sports like football are known to be dangerous, and injuries including concussions are a foreseeable risk that players and their parents are aware of when they choose to participate. It’s expected that cheerleaders may take an unexpected tumble now and then. Both minor and serious injuries are risks people accept when they play.

What’s more, Massachusetts protects its public institutions, including schools, from lawsuits. This is because municipalities could go bankrupt if enough lawsuits were resolved, and the state legislature wanted to prevent that from happening.

 

Serious Injuries From Other Causes

 

What happens if the injury was caused by a faulty piece of equipment, such as a helmet that failed to protect a player’s head? That is a potential product liability case, but from our experience, those cases are difficult to win.

Here’s another scenario: A high school pitcher gets mad and throws a baseball at his own dugout, walloping a teammate in the head. The victim gets a serious injury. Can his family sue the pitcher’s family?

This is a little tricky. As we’ve written before, civil suits are not for harm caused intentionally such as an assault. Those are criminal matters, and theoretically, this would be a criminal matter and not grounds for a lawsuit.

It’s rare that someone would admit he threw the ball and tried to injury another player. Most likely, he would say he never meant to hit anyone, or he lost control and didn’t realize what he was doing. Still, it’s difficult to find a firm that would take that case.

Here’s another scenario: The coach is driving a student home from practice and gets in a car accident. The player is injured. This could be grounds for a lawsuit, against the driver or of another person who causes the accident, but this isn’t really a school sports scenario anymore. There’s nothing inside the game you can sue for, but we’re not outside the game and into the world at large.

 

What can you do?

Every case is unique. If someone in your family has been hurt in any scenario, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your options.

Recent DUI Accidents Highlight Dangers of Drunk Driving

An average of 124 alcohol-impaired driving fatalities occurred in the state of Massachusetts during 2012, according to the Foundation for Advancing Alcohol Responsibility. This equates to 1.9 alcohol-impaired fatalities per 100,000 population. The true representation of the driving under the influence statistics in Massachusetts lies in the arrest data, which reveals more than 8,000 DUI arrests during the same time period.

Driving under the influence of alcohol and drugs is a serious issue across the state. Fatalities aside, DUI crashes cause a range of serious injuries that leave a lasting financial and medical impact on the victims.

If you or a family member is dealing with accident-related injuries and you are looking for an experienced Boston personal-injury lawyer to advise you on the best way to proceed, give us a call. At Colucci, Colucci, Marcus & Flavin P.C. we are dedicated to defending the rights of the injured. Call us today at 617-698-0253 to set up a consultation.

Drunk Driver Totals Ford Pickup

Sippican Week reports that a Wareham man was arrested on Monday night on charges of drunk driving. The charges relate to a Route 28 car accident, during which the man totaled his vehicle. Rochester police found a demolished Ford pickup truck at the scene.

A witness at the scene told police the driver had run into the nearby forest. Local Massachusetts environmental police found the driver hiding in the woods nearby and arrested him.

Police arrested the driver and took him to Tobey Hospital for treatment. He is being held without bail and remains under police guard at the hospital. He faces charges related to speeding, reckless operation of a vehicle, leaving the scene of a crash, operating an uninsured vehicle and operating a vehicle under the influence of alcohol.

Police found a number of full and empty beer cans in the vehicle. They confirm that this is the man’s second DUI arrest since March this year.

Pedestrian Accident Driver Jailed

Gloucester Times reports that a man charged in a Halloween car crash involving a pedestrian will remain in jail. The crash seriously injured a 38-year-old man. The driver of the vehicle received $5,000 cash bail in Gloucester District Court. However, the man violated an outstanding probation term.

The driver remains jailed while the victim remains hospitalized with serious injuries that officials say are potentially life threatening. A full investigation into the accident is underway, and the driver will appear again in court on the various charges soon.

A car accident can cause serious injuries, but there is no reason why you should struggle through these alone. At Colucci, Colucci, Marcus & Flavin P.C., we have many years of personal-injury law experience. Call us today at 617-698-0253 to set up an appointment if you are looking for assistance from a respected Boston personal-injury attorney. We will work with you to identify all possible outcomes of your case and attempt to recover compensation for medical bills and lost wages.