Posts tagged with "serious injuries"

Why so many smoke detectors fail

We’ve come to learn that the smoke detector manufacturers continue to sell ionization smoke detectors. People are simply unaware of the difference, and the fact that if they rely on ionization they may be left with too little time to escape a fire in certain circumstances.

The two types are based upon the technology that operates the alarm mechanism. One is ionization, the other is photoelectric. In a smoldering fire situation where people may be asleep and unaware of the fact that the smoke is building up, a photoelectric will give you approximately, on average, 30 to 33 minutes earlier alarm sounding than an ionization.

The difference between the cost of a photoelectric and an ionization ranges from $2 to $4 per unit.

It’s amazing that that small cost can ensure the safety of your family in a situation where they need an early warning from a smoldering fire that they’re unaware of simply because they are asleep.

We have gathered a team electrical engineers, toxicologists, and experts in the technology of activating smoke alarms so that we’re prepared to handle these types of cases. You can reach us at 1 (888) 330-6657 and we’ll 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.

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.

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.

Hazardous driving conditions contribute to truck crashes

The winter storms have begun to ravage the northern part of the country, and Massachusetts is no exception. According to state police, Linus left almost a foot of snow in parts of the state, which has made driving conditions hazardous. While those of us who are native to the area have experience dealing with these icy roads, we are not the only drivers inhabiting said roads. Some drivers may not exercise the proper amount of caution when traveling under these dangerous circumstances.

Perhaps the most notable example of such drivers is truck drivers. Truck drivers often drive long hours across multiple state lines, and certain drivers may attempt to drive quickly through hazardous areas in an effort to shave some time off their travel time. Additionally, because truck drivers are not always directly responsible for the condition of their vehicle, the proper precautions may not have been exercised on the truck to make it safe to drive over icy roads.

Regardless of the factors that may contribute to truck accidents, the fact is that these truck accidents are happening in Massachusetts. In fact, one accident occurred recently when three large trucks crashed into each other late in the evening. One of the drivers suffered minor injuries, and the other two were unharmed, but it is fortunate that these trucks collided with one another. If a smaller vehicle had been involved in the crash, there likely would have been serious injuries to the driver of that vehicle.

Two other trucks crashed in a different area, and again there were no injuries, but it is important to be especially wary when driving around trucks in these hazardous, icy conditions. The truck drivers are probably not as comfortable driving on the icy roads, their trucks may not be in proper condition, and they still have deadlines to meet, meaning that they may not employ the safest of driving practices.

Source: MassLive, “Tractor trailer truck accidents close Mass Turnpike and part of I-91,” Jeanette DeForge, Feb. 2, 2015

Massachusetts truck accident kills elderly woman

As trucks are often towing heavy loads, they can be harder to control and prone to accidents. Furthermore, depending on the content of the load, trucking accidents can result in widespread damage affecting multiple other drivers. An accident in Massachusetts proved costly for the family involved when an accident claimed the life of a goat they were grooming to be a champion.

The four individuals in the truck were heading to a country fair in Kentucky to show their goats. The 24 animals were in a camping trailer attached to the back of the truck. Unfortunately, the driver, a 53-year-old woman from Rehoboth, lost control when she was passed by a tractor-trailer. Her vehicle and the attached camping trailer rolled over, coming to rest on the side of the road.

The prize-winning goat was the only casualty of the accident. No one else was seriously hurt. The goats were transported from the scene with the help of Charlton animal control and the owner of Sturbridge Service Center, who had been called to remove the wreckage.

The loss of the goat was understandably upsetting for the occupants of the vehicle, but they were fortunate that the toll was not greater. Even so, accidents such as this can be deeply distressing, leaving the victims shaken for some time after the event.

If you are involved in a truck accident, you may be concerned about the cost of repairing your vehicle, not to mention any medical expenses you may have incurred. If this is the case, an attorney can assist you in pursuing a fair payout from your insurance company, or even seeking compensation if someone else was responsible for your accident.

Source: Telegram, “Prize-winning goat dies in rollover on Mass Pike,” Craig S. Semon, July 12, 2014

Baby survives frightening truck accident in Lawrence

Truck accidents are common on the road. A truck can easily collide with another vehicle if the truck driver is being negligent, or if the truck is not maintained well. A truck accident can become even more common with the icy roads and poor weather conditions Massachusetts is currently experiencing. Not only can truck mishaps involve other vehicles, they can involve pedestrians, as well. If a truck accident results in serious injuries it can lead to a personal injury claim.

In Lawrence, a stroller with a baby inside got caught and dragged by a truck for 100 feet. The baby miraculously survived with no reported injuries. Due to snow on the sidewalk, the mother was reportedly forced to push the stroller along the side of the road. The stroller became trapped under the truck’s back wheel when the truck driver was turning a corner near the mother and baby.

The truck driver is reported to have been unaware that he ran into the stroller and carried it such a long way. The truck driver stated that he could not see anything from the mirror, showing just how dangerous trucks can be. The truck driver is not expected to be charged for the accident.

Due to their large size it is sometimes hard for truck drivers to have a clear view of the road and their surroundings as this truck driver stated. This incident serves to demonstrate how large trucks can pose dangers to pedestrians as well as other vehicles.

If the baby did receive injuries, the mother could have filed a personal injury claim. Filing a personal injury claim may be a good course to take if you or a loved one is ever injured in a truck accident. If you are in Massachusetts, and you do suffer a less fortunate incident involving a truck, know that there may be help available to ease the legal process during what can be a difficult time.

Source: WSB-TV, “‘Miracle’ baby survives stroller ride stuck under truck,” Feb. 13, 2014

Police car crashes while responding to call in Massachusetts

The public relies on police officers to respond quickly to their calls for help when an emergency strikes. However, should the responding officers become involved in a car accident themselves, police are left with not one, but two emergencies on their hands.

Recently, a collision between a pick-up truck and a police cruiser in West Bridgewater sent the officer to the hospital via MedFlight with head and chest injuries. The driver of the pick-up truck was unharmed. The accident allegedly occurred when the officer was responding to another call. The officer was traveling southbound behind the pick-up truck, but when the pick-up truck began to make a left-hand turn, the police car attempted to pass the truck. Unfortunately, the police car ended up striking the left side of the pick-up truck. The force of the impact utterly destroyed the font end of the police car was and nearly severed the vehicle’s front wheel.

Incidents like this illustrate how essential it is for drivers to be aware of police cars in their vicinity, and vice versa. Drivers are under a legal obligation to drive reasonably under the circumstances. Part of this duty is to pull over when a police car is driving with its lights and sirens on. There are instances when officers responding to an emergency have the right of way. Although police officers still must exercise caution in these situations, it may become necessary for an officer to change lanes often, drive at a high rate of speed or even drive through a red light or stop sign. Other drivers on the road need to accommodate for this. Even a slight delay in responding to police sirens could lead to an accident that causes further damage and serious injuries. Likewise, responding officers also must take care not to drive recklessly, even in the state of an emergency.

Fortunately, the officer involved in this recent crash will recover from his injuries. But this incident serves as a stern reminder for drivers to take care when sharing the road with police cars on active duty.

Source: enterprisenews.com, “West Bridgewater police sergeant survives gruesome crash,” Amy Carboneau, March 27, 2013

Dog euthanized after mauling a Massachusetts boy

As many in Massachusetts can attest, dogs can bring lasting company and joy to the lives of their owners. However, dog owners must never underestimate the possible dangerous propensities of their pets, including the possibility of dog bites. For if a dog were to attack another individual, it could result in severe injuries for the victim and serious consequences for the dog and the dog’s owner.

A 6-year-old pointer-hound mix was euthanized after attacking a 6-year-old Massachusetts boy. The attack occurred while the dog owner’s teenage daughter was babysitting the victim. The dog bit the boy on the face, causing an injury that required over 400 stitches to repair. In addition to the physical injury, the boy has also suffered severe emotional trauma as a result of the attack, saying that he is now “ugly.”

When a person is bitten by a dog, they may be able to sue the dog’s owner in a court of law. There are two theories the lawsuit could be brought under. Some states follow the theory of strict liability. Under strict liability, the dog’s owner is liable for dog bites, even if that owner took steps to avoid attacks, such as posting signs or chaining the dog. Even if the owner had no reason to believe their dog was dangerous, they could still be held liable.

However, in other states a dog owner is liable for attacks only if they know or should have known that their dog had dangerous propensities. It is not always easy to determine what constitutes a dangerous propensities. Some factors the court will consider are the dog’s size, breed, whether the dog was kept for protective purposes and whether the dog has bitten someone in the past. If the owner put up “beware of dog” signs or told someone the dog may attack, that could also be used to show the owner knew the pet had dangerous propensities.

Victims of pet bites could receive compensation for medical expenses and pain and suffering. This compensation could be vital in allowing the victim to recover, physically and emotionally from a serious animal attack.

Source: boston.com, “Dog that attacked Mansfield boy ordered put down,” Feb. 28, 2013