Posts tagged with "compensation"

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.

This is why we focus on nursing home negligence cases

The common theme that my law firm sees when we handle nursing home cases is a lack of staff. That is to say, too many people in the nursing home and insufficient staff to care for those people.

There are telltale signs, so like anything else, your loved one is better taken care of if you are proactive in trying to determine whether if the nursing home is equipped to meet their needs.

Stop in and observe. How many people are actually on the floor? How many people are tending to nursing home patients? How many people may be wheeled in a wheelchair and left in the hallway unattended? Sometimes you hear alarms go off, but the staff doesn’t respond to it.

We project that this problem is going to get worse in the near future as the Baby Boomer generation comes to that age where they need nursing home care or assisted living care. The nursing homes just aren’t equipped to handle that influx of people.

That is unless they decide at some future time to add much more staff, which they are usually resistant to do. That’s because that would increase their costs and after all, this is a business to them and they’re trying to make a profit.

If someone you end up in this unfortunate situation, please give us a call at 1 (888) 330-6657 and we’ll be happy to let you know what your options are.

The legal system will award more money to an injured pro athlete than an injured homeless person, why is that?

Why can pro athletes sue for more than an average Joe?

A warning: This post isn’t about what is fair in a cosmic justice sense. Instead it’s about the reality of the legal system and the logic behind it. Our firm doesn’t make the rules, it just plays by them.

Lawsuits are not a fun pay day for people who have suffered at the hands of others, or a chance for people to become rich by seizing the assets of someone else. Instead, litigation is about making someone “whole” again after someone else’s actions have harmed them.

Imagine this, two people are waiting in line at an outdoor coffee business. A third party loses control of his car and strikes them both. Both people in line are severely injured and now have to use wheelchairs the rest of their lives. Both file lawsuits against the driver.

Let’s imagine the two victims are the same age and suffer identical injuries that prevent them from working. Both have spouses and two kids. The only difference is one of them earns $50,000 a year and the other is a professional basketball player and earns several million annually.

In normal circumstances, the basketball player will receive  much higher compensation. It’s not because they are more deserving or renowned. It’s not because society values them more. It’s because both victims are being compensated on wages they will never earn because of the injury.

The lifetime earning potential of the pro athlete is much higher than that of the average person, and personal injury lawsuits factor in the lost wages that person will miss out on. As a result, the pro athlete is likely to receive a higher settlement.

That’s the legal system as we have it, and that’s the reality we have to navigate when we litigate. While money can never truly make a person whole again, it can help them make their mortgage payments and provide for their family.

These are the three elements of a personal injury lawsuit

If you don’t have these three things, you don’t have a case

Personal injury litigation is a complex subject and we never expect clients to come in knowing what all of their rights are. We’re always ready to listen to someone about their experience and let them know if they have a case or not.

Every case needs to have the following chain of three things: Liability, causation and damages. If it misses one, a lawsuit is not possible. For an example, imagine a person became violently ill after eating food at an expensive vacation resort.

The three elements of a personal injury case

Liability is the first step. Did the the defendant, or defendants, act carelessly that allowed the accident to occur. For this example, did the resort staff serve undercooked or spoiled food? Can we prove that they did?

If we can prove liability, we move on to the next step: Causation. Did the negligent behavior from the defendant cause the accident or injury? It’s not enough that the plaintiff was staying at the resort and ate the food, can we show that it was the resort’s food that made them sick, and not something else? If not, the lawsuit won’t happen.

Once we have causality established, we then have to show that the plaintiff suffered real damages. Did the victim require expensive medical treatment, miss work, or suffer excruciating pain? Did the foodborne illness cause a permanent injury or disfigurement?

It’s not enough to say the patient was in danger, they must have had real damages to be compensated through the lawsuit. You can’t sue for what could have happened, it needs to have caused them to directly suffer harm.. Without liability, causation and damages, no personal injury case can proceed.

Man charged with OUI after fatal Massachusetts accident

As common as car accidents are, the vast majority of people will probably never be involved in a serious or fatal car accident. Nobody wants to get into a car accident, which is why most people practice defensive driving techniques and do what they can to avoid a collision. Unfortunately, some people overestimate their driving abilities (or in some cases alcohol tolerance) and attempt to drive when they should not. This contributes to accidents that could likely have otherwise been avoided.

A fatal accident occurred recently in Massachusetts when a car ran a red light and collided with a truck. The driver of the truck that was struck was taken to a nearby hospital, where he remains in critical condition. A female passenger was taken to the same hospital after the accident, but she was pronounced dead. The driver who ran the red light is facing many charges, including Operating Under the Influence and open container violations.

Despite all the evidence to the contrary, many people believe that they will be able to consume alcohol and drive with no impairment. Unfortunately, this is simply not the case, especially when you are over the legal limit. Any number of factors could have led to this accident. Perhaps the driver’s reflexes were slowed and he could stop at the light, or perhaps his decision-making was impaired and he simply chose to go through the light.

Whatever the reason for the man’s actions, a woman is now dead and another man is in critical condition because of one driver’s negligence. It is for reasons like this that the law provides protection for victims of negligent driving practices. Money certainly will not replace the life of the woman who was killed, but it can perhaps make the recovery process easier for the man who now has unexpected medical bills to pay for. Massachusetts residents who find themselves in accidents are encouraged to seek legal help in the aftermath of such an accident to find out if they could qualify for compensation.

Source: WHDH, “One charged in fatal Beverly car accident,” May 11, 2015

Study reveals brands with most product recalls

Parents all across the country use many products to help them take care of their children, and Massachusetts residents are no exception. From bottles to baby formula and high chairs to safety restraints, we entrust the well-being of our children to dozens of different manufacturers. We feel safe in this practice because we assume most dangerous products are recalled, so we know what products are and are not safe. However, because this system relies mostly on self-reporting, product recalls may not be as reliable as you think.

A safety advocacy group recently analyzed major recalls on children’s products in the last five years. The group, aptly called Kids in Danger, made some interesting discoveries about the relationships between number of injuries and time of recalling. These findings revealed the companies that issued the most product recalls:

  1. Target with 24 recalls after 30 injuries and 106 reported incidents.
  2. Fisher-Price with 19 recalls after 130 injuries and 828 incidents.
  3. Dorel Juvenile Group with 11 recalls after 10 injuries and 808 incidents.
  4. IKEA with 11 recalls after 12 injuries and 55 incidents.
  5. Pottery Barn Kids with 11 recalls after 17 injuries and 86 incidents.
  6. Walmart with 11 recalls after two injuries and six incidents.

What is most interesting about these data is that Target issued more recalls than Fisher-Price despite having barely one-eighth of the reported incidents and only about one quarter of the injuries. This indicates that some Fisher-Price products caused many more injuries before being recalled than Target products.

These findings illustrate how important it is to investigate any injury by a product. Even if the product has not been recalled, it could still be a defective product, and if you are injured by a defective product, you could be entitled to compensation.

Source: WTSP, “Which sellers have the most kids’ product recalls?,” April 20, 2015

Massachusetts residents injured in fatal crash

We recently mentioned that severe weather conditions are contributing to accident, but the weather fluctuates, and it is not always so cold as to freeze roads. With this in mind, it is important to remember that just because the weather is not extreme does not mean that there are no dangers on the road. Even in normal weather, the roads are still a dangerous place, and any number of factors could contribute to a devastating car accident.

One such accident occurred recently in Rhode Island, when a young man allegedly caused an accident while driving the wrong way down I-95. The young man has been charged with drunken driving, which may have contributed to his car crashing into an oncoming pickup truck. The accident claimed the life of his passenger, and caused serious injury to one of the two Massachusetts residents in the pickup truck. The young man driving the other vehicle escaped with non-life-threatening injuries.

It is an unfortunate but necessary risk that nearly all people must take at some time or another. We cannot simply stop driving; we still have to go to work and buy groceries, but being on the road automatically makes you at risk for accident. Even if you are a defensive driver who has never been ticketed or gotten into an accident, you cannot control the other drivers on the road. What you can control is what happens after the accident.

If you or a loved one is injured in a car accident, you will likely be facing large unexpected medical costs. You should not have to pay for the negligence of another, which is why the law allows you to recover compensation for your injuries. A successful lawsuit can ensure that the person who caused the accident pays for the fallout, not the person who was victimized.

Source: Boston Herald, “Police: 1 killed, 3 hurt in wrong-way Interstate 95 crash,” March 8, 2015

The immediate aftermath of a car accident

Those who have been in a car accident know the feelings of panic and confusion that often come with the crash. From the second you feel the impact and realize that you have been involved in a car accident, your mind will likely begin to flit about in fright as it tries to make sense of what has happened. Yet even though your mind is in such a state of panic, it is in these crucial minutes just after an accident that you must be most levelheaded in order to resolve the issue properly.

For those who have not been involved in an accident, or even those who have been involved in an accident and feel that they could have handled it better, you are in luck. This article details some of the best practices to engage in just after an accident. Employing some of these practices to make sense of the chaos of an accident can often be the difference between proving fault and accepting fault.

One of the best ways to prove fault in an accident is to get an accurate impression of the scene immediately following the collision. Contacting a police officer and speaking with witnesses can help you get a better idea of exactly what happened, and can also help you prove your case if you end up filing a lawsuit. Any additional evidence can also help your case, such as pictures of the damages and road design.

Of course, all of the evidence in the world is moot if you cannot present it properly, which is why it is in your best interests to contact an attorney. A legal professional with experience in personal injury and car accidents can help you present your evidence to support your case and prove who was at fault in the accident. If you can prove that you were not at fault, you may be entitled to compensation.

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

Product recalled after 73 cases of illness

Manufacturers of products sold in this country have an obligation to their customers to make sure that what they sell doesn’t pose a safety risk. Sometimes, though, regulations can be lax or manufacturers don’t have a fool-proof process by which to test what they make, which can lead to dangerous and defective products. The results can often be severe injuries, illness or even death.

After cases of salmonella kept popping up around Canada and the United States, including one case in Massachusetts, investigators began looking into the claims. After interviewing 39 people, they were able to draw some conclusions. Thirty-seven of the 39 people reported having eaten sprouted seeds or sprouted powder of chia. While no deaths have yet been reported, Salmonella can be incredibly dangerous and can cause sickness that may require hospitalization.

As a result, the U.S. Food and Drug Administration and the Canadian Food Inspection Agency have recalled several products that contain chia powder or seeds that have sprouted.

If a civil case were to arise, it would be the job of an attorney to investigate the makers and determine if negligence played a part. Were any of the manufacturers of these chia seeds and powders aware of the potential dangers they could pose? What kinds of fail-safes were in place to prevent dangerous products from reaching the hands of consumers? If dangers were inherent, did the product’s labeling sufficiently and clearly spell them out?

Whether it’s a car part, a consumable or a defective toy, if you’ve been negatively affected by a faulty product, you and a Massachusetts attorney can sit down and discuss the possible options of receiving compensation.

Source: foodsafetynews.com, “U.S., Canada Salmonella Cases Linked to Sprouted Chia Seeds Rise to 73,” June 23, 2014