Articles Tagged with attorney

According to published reports, the limousine company involved in the accident on October 6, 2018 had a record of repeated safety violations. Such violations included a failure to pass an inspection in early September of 2018. During  inspection in September, the limousine was found to have 18 seats, but was only approved to carry 10 passengers including the driver. The vehicle was also cited for a break line that was hanging loosely near one of the vehicles tires. The warning light for the brake hydraulic system was staying on the reports showed. The inspection that happened 7 months prior cited the break light being on as well. Prestige Limousine was cited for not having rectified it in September. Authorities made their first move against the company, arresting its operator outside Albany and charging him with criminally negligent homicide.

“That limo was coming down that hill probably over 60 miles per hour,” said Jessica Kirby, 36, themanager of the Apple Barrel Country Store, where she said customers were hit near the parking lot. “All fatal.” The area where the limousine blew the stop sign was also a notoriously dangerous area. The spot, an intersection right by Apple Barrel Country Store had prior accidents involving larger vehicles.

limo crash fatality

The worst automobile accident in nearly a decade

Dog bites can cause serious personal injuries, infections, disfigurement, permanent scarring, emotional trauma and death.

In the thirteen year period of 2005 through 2017, Dogbites.org reported that canines killed 433 Americans.  Many more suffer serious personal injuries or property damage.  It is the responsibility of a dog owner to ensure their dog does not hurt or injure anyone.

Victims of severe dog attacks who suffer these significant injuries, infections, disfigurement and scarring will need specialized medical care, and often reconstructive surgery is required to diminish the appearance of scars.  These medical procedures can be painful, costly and take years to complete.

According to the National Highway Traffic Safety Administration, motorcycles make up only 3 percent of all registered vehicles in the United States.  Despite those low numbers, the NHTSA reports there is an increase in motorcyclists killed each year in Massachusetts.  Motorcycle fatalities occurred 28 more times frequently that automobile fatalities.   Some of the common characteristics that contribute to motorcycle injuries and fatalities are other vehicles, speed, alcohol impairment, weather, lighting, and roadway conditions.

According to the Massachusetts State Police, a motorcyclist traveling on an uneven roadway in Kingston, Massachusetts crashed and died after losing control on the uneven pavement and was struck by another vehicle.

Pot holes, uneven pavement, construction or other roadway inconsistencies are flaws more dangerous to the operator of a motorcycle than a car.  If roads are not properly maintained, motorcyclists can crash.  If it was the negligence of the city or town to keep roadways safe, or whether it was the negligence of another driver, we can help.

workers compAchieving a successful result in your initial workers’ compensation benefits hearing is very important. If you succeed and your employer appeals, there are limited ways the employer can win. An appeal that essentially asks the Reviewing Board to reweigh the evidence very likely won’t succeed. The workers’ compensation judge is the trier of fact and has the authority to make decisions regarding witnesses’ credibility and the weight that various pieces of evidence should receive. As long as there was a reasonable basis for what the judge decided, your award of benefits will generally be upheld. Before you take on the workers’ compensation process, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.

C.D. was a worker who was able to achieve that successful result in his hearing. C.D. drove, loaded and unloaded a truck for his employer. One day, at the end of his shift, the driver fell out of his truck, hitting his elbows, shoulder and head. C.D. later filed a claim for workers’ compensation benefits. A hearing was held and, at that hearing, both the driver and a doctor gave credible testimony that the injuries resulting from the accident had left the driver temporarily totally disabled. The judge ruled in favor of the driver and ordered that he receive what’s known as “Section 34” benefits, which means temporary total disability benefits.

The doctor who gave the testimony was an independent medical provider who examined C.D. under the auspices of Section 11A(2) of the workers’ compensation law. In any workers’ compensation case, one of the most important things you’ll have to prove is causation. If you have a history of medical problems prior to your workplace accident, your employer (or employer’s insurer) may try to argue that your injuries are actually tied to those pre-existing conditions, not your workplace accident. Success, then, may be closely tied to having very credible and persuasive testimony that proves this connection with regard to causation.

What happened on September 14, 2018 was an avoidable tragedy that. 8,600 people were affected by the gas explosions, with 25 injured, and one fatality. A complaint was filed by a resident of Lawrence named Francely Acosta, who was one of the 8,600 residents affected by the explosions. Acosta accused NiSource of “negligence and creating a public nuisance by failing to maintain gas pressure in its “antiquated” system, which she blamed for Thursday’s explosions” in her complaint.

Potential causes of the explosions identified by The Federal Pipeline and Hazardous Materials Safety Administration, who in their report noted “that the pressure in the Columbia Gas system should have been around 0.5 pounds per square inch (PSI), but readings in the area reached at least 6 PSI — twelve times higher than the system was intended to hold,” their report. Senators Elizabeth Warren and Ed Markey are looking for more information as to what Columbia Gas did to respond to this rep

injury in explosion

Injury in explosion

nursesWhen you entrust a loved one to the care of a nursing home, you understand that there are certain risks and that certain bad things can happen. The chances are, though, that you don’t expect that those things include having your loved one brutally killed by their roommate in an unprovoked attack. Depending on the circumstances of the attack and the events leading up to the attack, the nursing home may have some responsibility for creating the conditions that led to the death. If that happens, your family might have certain legal rights against the nursing home. A knowledgeable Massachusetts nursing home negligence attorney can advise you about your options.

One of the most recent fatal roommate-on-roommate nursing home attack cases, reported by the Boston Globe, occurred at a nursing home in Randolph. The 86-year-old James was lying in bed when his roommate, the 58-year-old Walter, attacked him with a heavy ceramic flower pot. The next day, the injured man died from severe head trauma.

James’ death is not the first of its kind in Massachusetts. A few years ago, a family pursued a wrongful death action on behalf of their 100-year-old loved one. Elizabeth died after her 98-year-old nursing home roommate, Laura, beat her and then strangled and suffocated her with a plastic bag. Elizabeth’s family was unable to win their wrongful death lawsuit against the nursing home because they simply didn’t have the evidence they needed to show that the nursing home knew or should have known that Laura was at risk of murdering her roommate.

wrist injuryWhen you find yourself in need of workers’ compensation benefits, it is important to be sure you make your best possible presentation and arguments at your hearing. It is generally much easier to defeat an employer’s appeal of your successful workers’ compensation hearing (and award of benefits) than it is to mount a successful appeal of your unsuccessful workers’ compensation hearing (and denial of benefits). When it comes to making that strong presentation, be sure you have the skill and knowledge of an experienced Massachusetts workers’ compensation attorney on your side.

As an example of this, take the case of N.F. N.F. was a woman with an eighth-grade education who had spent much of her working life in industrial jobs. For nearly two decades, she worked at a facility that made plastic buckets and lids. The work was strenuous, repetitive and it required near-constant use of the employee’s fingers and hands. After 19 years at this job, the work began taking its toll. At age 53, N.F. began experiencing pain and numbness in her hands and fingers. She had surgery and attempted to return to work, but had to leave again due to throbbing pain and numbness.

At that point, the woman filed a claim for workers’ compensation benefits. There are various types of workers’ compensation benefits you can obtain. There are disability benefits, which can be permanent or temporary. A workplace injury that leaves you unable to work at all for a period of time, but will allow for a return at a future date, may entitle you to temporary total disability benefits, which is written into the law in Section 34 of the Workers’ Compensation statute.

Understanding “Pain and Suffering”

If you or someone you know has been injured in an accident and you’re seeking compensation from a liable defendant, chances are very high you may have heard the phrase “pain and suffering” being used by Attorneys. While, most all of you reading are familiar with the use of these words, their use as legal terms carries a fair share of subtle distinctions.

Pain and suffering resulting from an accident is used as an umbrella term that encompasses the physical and emotional damages that are a result of the accident. To elaborate further, “pain” would include bruises, a broken arm, fractured rib, etc, while “suffering” would be the emotional fallout resulting from those injuries, emotional and mental injuries would be one way to understand “suffering.” These emotional injuries would include feelings such as depression, grief, anxiety, and even fear to name a few.

hospital bedNursing home negligence cases are particularly distressing because they represent a failure by someone (or several someones) to provide the standard of care that they should, and that failure resulted in someone’s beloved friend or family member getting hurt… or worse. Nursing homes and nursing home employees have both an ethical and a legal obligation to provide quality care to their residents. When a resident is hurt due to negligence, there may be a claim for compensation. To learn more about your rights and your options, contact and experienced Massachusetts nursing home negligence attorney about your case.

A report from the Salem News regarding the state of a nursing home in Essex County provided an example of the harm that can happen. An inspection report created by state inspectors laid out a long list of alleged errors by the Essex County facility’s staff. Some of the alleged varieties of misconduct were less severe in terms of risk of physical harm. Residents of the nursing home alleged that the staff mocked or insulted them in foreign languages and also gave the residents nothing to do, even during scheduled activity times, according to the report.

Other wrongdoing, however, was more concerning. The report asserted that, in one instance, a patient with a broken leg was left in bed for more than 24 hours before being transported to a hospital. The staff allowed the resident, who had “end-stage dementia,” to remain in bed despite the resident’s periodic cries of pain. In another instance, an employee allegedly pushed a resident while trying to get the resident into bed, the News indicated.

work injuryFor any worker who’s been hurt on the job, workers’ compensation benefits can serve as an essential aid, allowing them to meet their financial obligations while they are unable to work. This can be especially vital for manual laborers with limited academic backgrounds, as they may lack the skills to take on many types of jobs that involve lighter-duty work, meaning that they may take longer to get back on the job after an injury. Whether you are a manual laborer or not, getting the workers’ compensation benefits you need often comes down to how effective you are in demonstrating your disability and your wages. To be sure you get the benefits you need, reach out to an experienced Massachusetts workers’ compensation attorney about your case.

K.A. was an example of this type of manual laborer. He did not have a college degree or a high school diploma, and he had “reading comprehension issues.” The worker had no computer skills. He had worked in manual labor fields from the age of 18 until he suffered his workplace injury in his mid 50s. At that time, K.A. injured his back while shoveling gravel on the job. The accident happened in the completion of a public construction job.

In a case like this, there are essential calculations that must be made. Typically, calculating a worker’s average weekly wages involves taking the worker’s total gross wages (including overtime and bonuses) from the previous 12 months, then dividing that number by 52. That figure is then multipled by the appropriate percentage figure depending upon the type of disability the worker suffered.