Articles Tagged with damages

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.

vehicle keysIf you’ve been injured in a vehicle accident, you probably understand that the operator of the vehicle is someone who potentially is liable for your injuries. However, there may be others, even if they were not involved firsthand in the accident itself, who may owe you compensation. In order to pursue these others successfully, you have to be able to show that the ultimate incident that injured you was the foreseeable result of that party’s action or inaction. To be sure your case includes all of the individuals and entities who potentially may be liable to you, be sure you’ve retained an experienced Massachusetts injury attorney.

A recent ruling from the Appellate Court is a reminder that, even if someone took a vehicle without the owner’s authorization, there may be facts that allow you to pursue the vehicle’s owner. That recent case was actually a property damage case, not an injury action. A sand and gravel company’s employee left a front-end loader unattended during a snowstorm, with the keys in the ignition, idling. The employee left the vehicle at 10 P.M. and at 2 A.M., he returned to the lot. Sometime during the intervening four hours, an “unknown and unauthorized” person had taken the vehicle and smashed into two trucks belonging to another company, substantially damaging them.

The owner of the damaged trucks sued. The trial judge threw out his case, deciding that the damage was not a “foreseeable consequence” of leaving the keys in the front-end loader. The appeals court reversed that decision and revived the damaged trucks’ owner’s case.

A famous book once advised, “Don’t sweat the small stuff.” While that advice may work well in many areas, the law is not one of those areas. In legal matters, including workers’ compensation cases, small details can make big differences in outcomes. To make sure you have all of your bases covered in your workers’ compensation case, both great and small, be sure you have representation from a skilled Massachusetts workers’ compensation attorney.Legal News Gavel

C.P.’s workers’ compensation case was one example in which the details mattered a lot. C.P. was an assistant manager of a supermarket meat department in 2013 when, while pulling a box of chicken at work, he injured his back. The manager filed a claim for workers’ compensation benefits. The employer fought the manager’s request for benefits, but the workers’ compensation judge ordered the employer to pay temporary total disability benefits of $1,040 per week, starting on Dec. 2, 2013.

In the spring of 2016, the employee filed a request for permanent total disability benefits. The judge, however, only awarded the employer partial disability benefits. At the hearing, the judge had heard from a doctor who diagnosed C.P. with a protruding disc and, while concluding that the employee could not perform his old meat cutter duties, found that he could do light-duty work as long as it involved no prolonged standing or walking, and no lifting of more than 10 pounds.

To win a premises liability case in Massachusetts, you may have multiple options that you can use. If you seek a favorable judgment based upon the “traditional theory” of premises liability, you need proof that the hazard upon which you slipped was something of which the property owner knew or something that had existed for a long enough period of time that the owner reasonably should have known about it if it was being properly diligent. To learn more about your options if you’ve been hurt in a slip-and-fall (or trip-and-fall) accident, be sure you retain skilled Massachusetts premises liability counsel to handle your case.wet floor

A recent example of a slip-and-fall case with a “traditional theory” of premises liability was the accident suffered by D.K. D.K. was a shopper at a supermarket when she slipped and fell, suffering substantial injuries in the process. D.K. discovered that she slipped on an advertising sign that had fallen to the ground. The injured shopper’s lawsuit asserted that the store was liable to her and owed her compensation based upon the legal concept of “premises liability.”

If you slip and fall on something like the sign in D.K.’s case, you can win even without evidence that the store knew about the sign having fallen to the ground. The law in Massachusetts says that if a hazard had certain “physical characteristics” from which a jury could reasonably infer that a substantial amount of time had elapsed since the object was there, the injured plaintiff can still be entitled to a successful verdict.

Negligence is defined as a failure to use the level of care someone of ordinary prudence would have used under the same circumstances. Negligence consists of actions or omissions where there is an expected duty or responsibility owed by one person to another person. Events which cause injury not due to fault of another person involve negligence, and the elements of negligence are as follows.

  • Duty of Care: This boils down to, does the defendant have a responsibility to the plaintiff that it must legally uphold? Is it a responsibility of which the plaintiff is the intended recipient of the defendant’s actions? Establishing a legally defined duty and recognized responsibility of the defendant is the first step to determining a defendant’s negligence.Negligence
  • Breach of Duty: After the duty of care has been established, it must be determined whether or not the duty of care was breached. For example was the plaintiff lawfully on a premise owned by tenant? Did the person injure him or herself on the defendant’s premises? Did the owner of the business fail to reasonably prevent the injury? These are but one example of many situations involving a breach of a legally recognized duty.

Legal News GavelThere are many different types of wrinkles one may encounter in an effort to obtain compensation for the harm you suffered in an auto accident. On the surface, your case might seem straightforward: prove that the person you sued was, in fact, at fault, prove that the accident injured you, and prove that those injuries caused you to suffer damages. Seems simple, right? But what happens when the person who hit you has all his assets held by an irrevocable trust? Questions like these are a reminder of the importance of retaining experienced Massachusetts injury counsel, so that you are prepared for whatever twists, turns and surprises your case may throw at you.

Recently, such a “twists and turns” case was the Massachusetts lawsuit brought by S.C. The backstory underlying S.C.’s injury accident dated back several years. In 2001, B.M. was injured in an auto accident. He suffered a severe traumatic brain injury. In 2007, an irrevocable “spendthrift” trust was established for the benefit of B.M. The trust held more than $4.1 million in assets, including $3.5 million in stocks and bonds, a house in Plymouth worth $538,000 and $120,000 of other assets.

Fast forward to 2014, and B.M. and S.C. were involved in a head-on collision. Allegedly, B.M. was traveling 76 mph in a 35 zone, crossed the center line to pass and slammed head-on into S.C.

Legal News GavelWhen you experience the loss of a loved one due to an accident, it is always devastating. If that accident occurred because someone else was negligent, the issues you may be facing multiply. In addition to your family issues, that negligence may create legal issues. The loss of your loved one undoubtedly did major damage to your emotional happiness, and it may also have done major damage to the financial stability of your family. For all of these processes, it is important to retain a skilled Massachusetts wrongful death attorney to represent you and ensure that your legal rights are protected.

Developing and presenting a persuasive case in a wrongful death action involves many types of evidence. A recent example was the case of a man named Albert, who sued a convenience store chain for the wrongful death of his wife, Kimmy. When the couple stopped at the store’s location in Chicopee, Kimmy went inside for coffee while Albert parked the vehicle. As the woman began to enter the store, an 81-year-old man, who may have had a stroke, raced his Ford Explorer through the parking lot and into the façade of the store at more than 55 mph. A store worker was hurt, and Kimmy was killed.

Albert sued the convenience store chain for Kimmy’s wrongful death. In a wrongful death case like this, you can pursue your case under a premises liability theory. This means that, much as with a trip-and-fall or slip-and-fall accident that causes injuries, you can establish the property owner’s liability by showing that there was a dangerous condition present on the property, that the property owner knew or reasonably should have known about the hazard, that the property owner failed to fix the problem, and that this unresolved hazard caused the victim’s injuries.

It’s five o’ clock on a Friday and you’re heading home after an exhausting week of work. You’re practically on auto-pilot with the thought of the impending weekend being the only fuel guiding you home, and then BAM-it happens. You find yourself in a car accident. Everyone understands when you get behind the wheel you run the risk of finding yourself in a surprise collision, yet we never think about the odds of it actually happening to us, and even worse we don’t know the steps to take to protect ourselves in the event of an automobile accident adapted from the Massachusetts DMV site.

Car Accidet

EMS Clearing A Car Accident

  1. First and foremost, you must never leave the scene of an accident. It seems obvious and trite, but flight is a guttural reaction to stimuli. You must remain as calm and reposed as you can, given the circumstance. Find a safe place to pull over your car, staying as reasonably close to the vehicle, or property you collided with without obstructing traffic. Be aware of your surroundings and any other potential dangers, such as fire, or a downed electrical wire.

Legal News GavelSometimes, the key to achieving a truly full success in your workers’ compensation case is not succeeding in the initial hearing but overcoming your employer’s (or your employer’s insurer’s) efforts to terminate your benefits. Getting the full benefit of your workers’ compensation means not just being prepared to win your benefits hearing but also preparing for a hearing regarding the reduction or elimination of your benefits. For all of these processes, it is helpful to rely on experienced Massachusetts workers’ compensation counsel who is well-versed in every type of hearing and process.

One worker who fought successfully to maintain his benefits in a recent ruling was Robert, a vending machine route delivery driver for many years. The driver’s job involved a great deal of heavy physical labor, including transporting boxes of coins that could weigh as much as 100 pounds. One day in the spring of 2015, Robert became injured when he fell down five steps at work.

Robert filed a claim for workers’ compensation benefits. The judge in his case concluded that his injuries were very serious, including a fractured and dislocated elbow, along with a wrist injury. Robert was awarded temporary total disability benefits. Less than a year later, the insurer made an effort to reduce or eliminate the benefits. The basis for the insurance company’s effort was an examining physician’s opinion that Robert could perform light duty work with lifting restrictions.