Articles Tagged with died

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.

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.

workers compEach workplace accident that ends in death is tragic as it cuts a life short far too soon. It is also traumatic for the loved ones left behind. In addition to emotional damage, workers who die as a result of industrial accidents can potentially cause major financial crises for their immediate loved ones, as they may be significant (or even sole) income earners for their families. In Massachusetts, the families of workers killed on the job have certain legal avenues available to them. One of these is seeking workers’ compensation death benefits. To make sure that you obtain the compensation your family needs to survive financially, talk to an experienced Massachusetts workers’ compensation attorney.

July 2018 was an unfortunately bad month for fatal industrial accidents in Massachusetts. In one instance, a 26-year-old died after entering a large industrial cutting machine that was under maintenance at a facility in Sharon. At some point, the man became stuck inside the machine’s workings. EMTs took roughly 90 minutes to free the man and rush him to the hospital. Although the worker was conscious and talking to the EMTs when they arrived, he died at the hospital from his injuries. Roughly a week later, a worker at a Concord hospital died from injuries sustained at his workplace. The 46-year-old man was working on the hospital’s boiler system when he entered its crawl space. He left behind a wife and two children.

Surviving spouses, children and other dependents of workers killed in a workplace accident (or who die as a result of complications from that accident) can obtain workers’ compensation survivor benefits. (Children are only eligible for benefits if they are under 18, are full-time students or cannot work due to their disabilities.)

Legal News GavelUnfortunately, workplace accidents are a reality in almost any field of employment. Whether you’re an office worker or a construction worker, you have some risk of getting hurt at work. If that happens, you may have to clear several hurdles in order to get the award of benefits you deserve. One of the key parts of this process can be determining whether or not you remained totally disabled or became partially disabled. To make sure that you have a strong opportunity to get the full amount of benefits you need, make sure your claim has representation from an experienced Massachusetts workers’ compensation attorney.

One recent case that involved an issue of total disability versus partial disability was the case of Shirley, who had worked for several years as a personal care assistant. One summer day in 2012, while Shirley was helping her bedridden employer, she felt a sharp knifing pain in her lower back that went down into her leg and foot. The following April, an impartial doctor examined Shirley and determined that she had a lumbar strain and a degenerative condition in her lower back. Her limitations caused by these conditions meant that Shirley was no longer able to do the work of a personal care assistant.

A different doctor examined Shirley in September and October 2013. After the September examination, the doctor concluded that the worker could resume doing light duty work if that type of work was available. In the second appointment, though, the same doctor said that Shirley had no capacity to work until she underwent additional treatment.

Legal News GavelWhen you entrust a loved one to a nursing home, you are entrusting them with one of the most important parts of your life. Sometimes, accidents are inevitable, even when proper care is provided. Other times, though, injuries happen (or are made worse) because nursing home staff don’t provide proper care, including sometimes not even following the facility’s own protocols. When that happens, you may be entitled to sue and obtain an award of compensation. Proof of things like a past history of similar problems or citations and fines following federal agencies’ investigations may help to strengthen your case further. Talk to an experienced Massachusetts nursing home negligence attorney about your situation and your options.

One recent case involved an accident with a tragic end. Walter was a highly accomplished accountant with many achievements, including helping to found a nursing home in Worcester. In 2016, after a diagnosis of Parkinson’s Disease, Walter moved into the nursing home that he helped to get started, according to a McKnights.com report.

In early August 2016, Walter got up in the night to go to the bathroom, but he fell and hit his head on a nightstand. A certified nursing assistant and a licensed practical nurse found Walter on the floor of his room. The pair helped Walter up, helped him to the bathroom, and then helped him back into bed.

Legal News GavelWhen a family makes the often difficult decision to place a family member in a nursing home, they are entrusting that facility with one of their most precious commodities:  a loved one. Nursing homes are supposed to be places where those requiring care and attention get what they need. Sometimes, though, that doesn’t happen, and the resident’s safety becomes compromised. When that happens, injuries or even death may be the result. In the case of an injury or death, knowledgeable Massachusetts nursing home negligence attorneys are available to help that family navigate the legal system.

A Massachusetts newspaper recently reported on the deaths of two residents of a Westboro nursing home and the legal actions that followed. The first of the two seniors to die at the Westboro facility was 89-year-old Betsy. Betsy had dementia and a history of falling. Betsy’s personal recliner had a chair alarm that would notify staff when she exited the recliner. One day in late July 2015, a certified nursing assistant at the nursing home helped Betsy get into the recliner but forgot to turn on the chair alarm, according to information the CNA provided to authorities. Betsy was discovered an hour later, face down on the floor, according to the Worcester Telegram.

According to the Telegram report, the staff at the nursing home knew Betsy had a head injury but, allegedly, did not notify a doctor or a nurse practitioner about her, even though the woman complained of head pain and had problems keeping food, liquid, or medications down. Two days after the accident, Betsy arrived at the emergency department of a nearby hospital. A radiology scan identified that she had a brain bleed. She died a week later.

Legal News GavelAccording to research by the Urban Institute, nearly 70% of people age 65 and older will develop disabilities during their lifetimes, and more than one-third (35%) of people in that age group will need nursing home care at some point. When we entrust a cherished loved one to the care of a skilled nursing facility, we are placing the highest level of trust in them. Unfortunately, sometimes, those facilities fail to meet the standard of care the law requires of them. When they do, and that neglect leads to harm (or even death), you are entitled to hold them accountable, which involves retaining an experienced Massachusetts nursing home negligence attorney and pursuing legal action.

When an injury or death happens, you may have to deal with multiple entities, including the facility, insurance companies, and outside entities hired by the insurers. In some situations, the mistreatment doesn’t end with the substandard care your loved one received in the nursing home. Sometimes, the facility’s insurers can continue the mistreatment by the way they interact with you after the injury or death has taken place. When that happens, your case may involve more than just pursuing a nursing home negligence action against the facility alone; it may also mean taking on the insurance companies. That was the case for one man, Garrick, who sued following the 2008 death of his elderly mother in a nursing home in Danvers.

Reports of the events leading up to Garrick’s mother’s death were horrific. The 92-year-old Genevieve was rushed to the hospital after she fell from her wheelchair. Hospital staff discovered that Genevieve had “a festering pressure sore on her back, acute appendicitis, a urinary tract infection so severe it had invaded her blood stream, kidney failure, uncontrolled diabetes, and severe dehydration,” according to a Boston Globe report.