Posts tagged with "medical expenses"

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.

Boston needs to dedicate more lanes to make bicyclist safety better, and drivers and passengers need to watch before opening their doors.

Here’s the latest reason why Boston is dangerous for bicyclists

It’s happened again.

A bicyclist was travelling lawfully on a street in Cambridge when she was “doored” by someone coming out of landscaping truck. The woman was thrown from the bike and into traffic where she sustained significant injuries.

We need, as a community, to come up with common sense bike paths that will keep riders safe. Alternatively, or in conjunction with that initiative, we need to better educate the motoring public to look in their rearview and side mirrors before opening their vehicles’ doors. Without raising public awareness to this very serious situation, this pattern is bound to repeat itself over and over again.

Perhaps urging law makers to get behind public service messages that go beyond “Click or Ticket” and directly deal with this issue is long overdue. The Boston Cyclists Union has done an incredible job of making cycling a mainstream option for commuters and continues to push the envelope in that direction. But the more bicyclists who choose this as an alternative form of transportation, the more imperative it becomes to educate motorists of the inherent dangers of sharing the roadways with these very cyclists.

Most likely, by the description of the accident, this poor woman will have suffered life altering injuries that could have been wholly avoided if someone had merely taken a second to check their mirror before swinging their door open. Please be mindful and pass this sentiment along.

We have strong ties to expert witnesses, skilled professionals who have solid backgrounds

Will an expert say whatever we want on the witness stand?

There are a lot of cynics out there that think expert witnesses are often shady character who will lend their credibility to any lawyer if there’s a buck in it for them. Picture someone like Dr. Nick Riveria on The Simpsons who blatantly lies and exaggerates whenever he testifies.

While that may make great television, it’s not reality. In the real world, judges and juries care about the credentials of expert witnesses – they have to be actual experts, and real experts care about their professional reputations.

What happens on a witness stand is part of the public record and typically goes on the expert’s Curriculum Vitae, or CV.

Our firm has been working with expert witnesses for decades and a lot of that cooperation is only possible because of the relationships we’ve established with well-qualified experts. They have day jobs as professors, engineers, doctors, etc. Their careers would suffer if the testimony they provided was flawed.

When we hire an expert witness there is usually a substantial cost, but we’re not paying for them to compromise their integrity. We need their integrity to be rock-solid for this case and any future cases we may bring them into. We don’t want malleable experts, we want skilled ones with excellent reputations because they help us win cases. And if we’re reaching out to hire an expert, we believe in our case and know that they will agree that our client has a viable matter.

‘Reckless’ chase by local police at core of $2.5M case

The following was originally published in the Dec. 2, 2007 issue of Rhode Island Lawyers Weekly. It has been reprinted with permission.

On the night of Feb. 19, 2004, the driver of a gold Ford Taurus was identied by a Providence police officer as a member of a local gang. A chase ensued but was quickly terminated by the police when it became apparent that the driver was determined not to stop.

The motorist crossed into Cranston where a police officer in that community began pursuing the Taurus. The chase escalated to the point that four police cruisers were traveling behind the suspect, who was observed driving south on Route 9S at a high rate of speed and with his headlights off. At one point, he was seen making a quick U-turn and then driving the wrong way into oncoming traffic; three of the pursuing police officers reportedly did likewise.

The suspect proceeded onto Route 10, again traveling the wrong way and still trailed by several police cruisers, and drove his car headlong into a vehicle being driven by Natasha Valley, a Cranston resident and mother of three who was returning home from training to become an emergency medical technician. Last month, a settlement was reached in which Valley, 29, now a paraplegic, is to receive $2.5 million. Lawyers Weekly reporter Barbara Rabinovitz spoke last week with Milton, Mass., attorney Dino M. Colucci about how he achieved that result for his client.

Q.You say that the central question in the case was whether your client could prove that the defendants – the city of Cranston and the individual police officers involved – were reckless, not merely negligent. Given the dramatic testimony that was taken in deposition, was this a challenge for you or a slam dunk?

A. It wasn’t by any stretch a slam dunk. In fact, before we took the case, several law rms had turned her away because they didn’t believe such a suit could be successfully maintained. In honesty, we took the case on faith in the hope that we could make something good come out of such a tragic set of circumstances …. Fourteen depositions were taken; we obtained broadcasts of the police communications that night as well as their [police-chase l training policy. e suspect that they were chasing was eventually apprehended, and we went to jail to try to interview him. We were actually able to meet with him for 15 minutes in a holding cell to get whatever information he was willing to impart to us.

Q. Rhode Island has a $100,000 cap on recoveries for police negligence. Would that have applied in this case? What would have been your strategy for getting around it?

A. It was an open question as to whether or not the cap would apply once all the evidence was presented at trial. The burden would have been entirely ours to prove – that the conduct of the Cranston Police Department rose to a sufficient level of recklessness – in order to avoid the cap …. The city [of Cranston] continues to maintain that they did nothing wrong; they’re not accepting liability in any sense.

Q. You say that this may be the first case to apply the law established in the May 2005 case of Seide v. The State of Rhode Island, which permits citizens to bring actions against a police department for violations of a police-chase policy. Could you have achieved the same result without the Seide decision?

A. It was fortuitous for us that that case was decided by the Supreme Court of Rhode Island about six months after we took Natasha Valley’s case [in December 2004]. We took it in hopes that we could set a precedent given the facts in our case. is may be the first application of that decision … that the lower court’s decision to dismiss the case was incorrect.

Q. You’ve said that several law rms had declined to represent your client, in the belief that such a claim could not be successfully maintained. Why did you take the case in the end?

A. First and foremost, we felt great empathy for this woman. She was a young woman with three kids and, through no fault of her own, she found herself a paraplegic. Secondly, she’s a very inspiring woman. While most people would sit around and feel self-pity about their situation, she was so optimistic about her future and the life that she wanted for her kids that it was inspiring for us. So, we couldn’t walk away.

Q. What has this case accomplished with regard to police chases?

A. It won’t set a precedent because we mediated the case and reached a settlement, so nothing’s been adjudicated …. In my experience, every case really needs to be examined on its own merits. The police have a very difficult job, and we’re sensitive to that. Very often they find themselves in the midst of chaos, and they have to make immediate judgments on what to do. But Cranston had a [vehicle-chase] policy that was formulated years before this accident, and it was our position that this policy served as a foundation, or a guideline, so that officers can apply the logic contained in the policy when they’re out amidst the chaos. And we don’t believe that was done here.

Q. You gathered quite a bit of evidence for the mediation – an interactive audio- visual program, which synthesized an animated map of the chase route, broadcasts from the police, photos of the collision and so forth. Do you think that was instrumental in getting the defendants to settle?

A. I do. In my opinion, it synthesized many of the critical points that served as the foundation of our case. It brought together, in dramatic fashion, the conduct of the police, the route that they took in pursuing the suspect.

We were able to hear their actual broadcasts, and we were able to see the relevant portions of the Cranston chase policy. And in my opinion, the juxtaposition of these various elements really bolstered our case …. These were experienced [defense] lawyers we were dealing with; they did a good job for their clients. But I thought that the audio-visual portion of the case had very real impact.

Q. Where is your client now, and what is her condition?

A. She’s still in Cranston. She’s confined to a wheelchair. She’s the mother of three and a very nice woman, and I’m just very pleased that her future will be at least a little less uncertain.

A tragedy in Boston gives us an important lesson

This weekend brought a terrible tragedy to Boston. A young woman operating a moped was struck and killed by a so-called Duck Boat. Events like this should make everyone take a moment to try and appreciate how precious life is.  And if you’re a parent, like me, that feeling is heightened.

None of us truly knows what tomorrow holds, and the stark truth of that statement is brought into focus when an accident like this occurs. Most mistakes that take place on a day in, day out basis have no consequences, thank God. But every once in a while a mistake has catastrophic consequence. Our hearts and prayers go out to the victim’s family. It’s hard to even conceive of receiving such a phone call.

After representing families who have endured similar fates, I can tell you that the responsible parties need to be held accountable. When you hear about an accident such as this, most people’s immediate reaction is to merely blame the operator of the vehicle that struck the victim. It’s been our experience, however, that someone needs to look deeper to find all responsible parties.

Truth be told, you can never really tell at the outset where the investigation will lead, but the need to drill down is there. Does the company skimp on safety; are their employees properly trained; was the vehicle in proper working order; are undue expectations placed on the drivers to meet schedules or deadlines, etc. It is as true as it is tragic to recognize that no law suit can ever bring a life back  But thoroughly and aggressively investigating each detail will almost always bring about change that may save another’s life.

 

Massachusetts teen critically hurt in car accident

As a parent, there’s little in the world that causes more turmoil than seeing your child injured, especially when it’s the fault of someone else. We all know that teenagers don’t always make the wisest decisions and, as much as we try to prepare them for the world, accidents happen. They might get in the car with an intoxicated driver or try a maneuver that only experience can tell you is a bad idea. Because of this, teenagers account for an enormous amount of car accidents annually and the results are often tragic.

A Massachusetts teen is recovering from critical injuries in a Boston hospital after a terrible accident in early June in Maine. She was riding in a vehicle when the driver spotted a friend in another car. The driver then attempted a pass of the other car. The vehicle the Massachusetts teen was riding in then went out of control, rolled and came to rest on its roof. The driver and another passenger who was hurt have since been released from the hospital they were brought to, but the Massachusetts teen is still receiving treatment and fighting to recover from her injuries.

The heart breaks for this teenager’s family as they likely cope with their daughter’s terrible injuries and hope in their hearts for a full recovery.

When you or a loved one has been injured thanks to someone else’s negligence, it’s perfectly reasonable to try to seek compensation to financially deal with medical expenses and pain and suffering. However, what options a person has in this regard can vary quite a bit depending on what exactly happened in an accident. A Massachusetts attorney can advise individuals on what the right course of action might be in their circumstances.

Source: Sun Journal, “Massachusetts teen injured in Rangeley crash makes gains,” Donna M. Perry, June 17, 2014

Massachusetts crash leaves 1 dead, 5 seriously injured

As a parent, there’s little in the world that causes more turmoil than seeing your child injured, especially when it’s the fault of someone else. We all know that teenagers don’t always make the wisest decisions and, as much as we try to prepare them for the world, accidents happen. They might get in the car with an intoxicated driver or try a maneuver that only experience can tell you is a bad idea. Because of this, teenagers account for an enormous amount of car accidents annually and the results are often tragic.

A Massachusetts teen is recovering from critical injuries in a Boston hospital after a terrible accident in early June in Maine. She was riding in a vehicle when the driver spotted a friend in another car. The driver then attempted a pass of the other car. The vehicle the Massachusetts teen was riding in then went out of control, rolled and came to rest on its roof. The driver and another passenger who was hurt have since been released from the hospital they were brought to, but the Massachusetts teen is still receiving treatment and fighting to recover from her injuries.

The heart breaks for this teenager’s family as they likely cope with their daughter’s terrible injuries and hope in their hearts for a full recovery.

When you or a loved one has been injured thanks to someone else’s negligence, it’s perfectly reasonable to try to seek compensation to financially deal with medical expenses and pain and suffering. However, what options a person has in this regard can vary quite a bit depending on what exactly happened in an accident. A Massachusetts attorney can advise individuals on what the right course of action might be in their circumstances.

Source: Sun Journal, “Massachusetts teen injured in Rangeley crash makes gains,” Donna M. Perry, June 17, 2014

Massachusetts drunk driving accident endangers children’s lives

Now that St. Patrick’s Day is lurking around the corner, drunk driving accidents may become more common across the nation. What is so frightening about this is that even though you practice all safety measures while driving, meeting a careless or drunk driver along the road can result in a serious accident. The results of such an accident can be devastating. This can get much worse if you have children inside the car, whose lives might be endangered because of the negligence of another driver.

A woman allegedly responsible for a car accident in Massachusetts is now facing multiple charges for sending a minivan crashing into a pond. The woman’s 3-year-old child was in a car with her while she allegedly was driving under the influence of alcohol. Thankfully, the child was properly strapped in the car seat and did not sustain any injuries.

However, the four people trapped within the minivan, three children and an adult, were taken to a hospital but are now considered to be in good condition. Authorities further noted that the car accident could have ended much more tragically had the minivan plunged into the deeper part of the pond.

Being involved in an auto crash can be very traumatic, not just for you but also for any children you may have. In cases like the one above, the drunk driver was charged for child endangerment, operating under the influence and failure to yield. This coming St. Patrick’s Day, it is good to know that you have rights if ever you become involved in a similar accident that results in damages and serious injury. Just compensation should be given to you and your family for the trauma and medical expenses incurred.

Source: CBS Boston, “Two-Car Crash Sends Minivan Plunging Into Milford Pond, One Driver Faces OUI Charge,” March 2, 2014

Driver crashes into real estate office in South Boston

Most people think a car accident can only happen on the road. Every once in a while, a car accident can involve a building as well. This is the case for a recent car accident that occurred in South Boston. A man smashed his car through the walls of a real estate office after traveling in reverse across the street from a Rite Aid parking lot. The driver went over a guardrail and into the office’s conference room. The driver is reported to have received minor injuries that were tended to at an area hospital.

Only one person is reported to have been inside the building at the time of the accident. This person is reported to not have been injured. Boston police are investigating the cause of the accident. There are many possibilities as to why this car accident occurred though. It could be due to a negligent or distracted driver, or even texting and driving.

It is a lucky occurrence that the accident did not happen during a busy workday, as many employees could have been injured.

It is good to be aware that car accidents do not just happen on the road. It is important to remember that car accidents entail any accident involving a car, and if you are the victim of such an accident, you should first seek medical attention and then retribution. Also keep in mind that not all injuries are obvious immediately. You may find yourself unexpectedly requiring compensation for medical expenses, loss of wages and pain and suffering. Consulting legal counsel and maintaining documentation of any medical expenses may help you financially overcome any grievances caused by a senseless car accident.

Source: Boston.com, “Car crashes into South Boston real estate office; driver suffers minor injuries,” Laura Gomez and Alyssa Creamer, Feb. 1, 2014