Articles Tagged with injured

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.

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.

If you, or a loved one who has been injured Plymouth County personal injury law attorney Michael S. Mehrmann has spent many years helping people from across Plymouth County, including in Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury, deal with their legal needs. Attorney Mehrmann was recognized by the American Institute of Personal Injury Attorneys in 2018 as one of the 10 Best Personal Injury Attorneys in MA for exceptional and oustanding client service.

Taken from the American Institute of Legal Counsel:

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10 Best Attorneys In Client Service

Legal News GavelWinning your Massachusetts workers’ compensation case involves many things. Included among these is presenting a compelling array of evidence that persuades the judge to make multiple findings in your favor. A knowledgeable workers’ compensation attorney can provide essential knowledge and skill when it comes to accumulating that evidence and making that winning presentation.

A recent example of a winning case was the one pursued by Theresa, an employee of a non-profit organization in Randolph. Theresa was working for the non-profit when she was injured in an auto accident that caused her to suffer head and neck injuries. She later filed a claim for workers’ compensation, seeking payment for her neck and head medical treatments. After the hearing’s conclusion, the judge ruled in Theresa’s favor. In the written opinion on the case, the judge found that Theresa appeared to be physically uncomfortable during the hearing and frequently switched between sitting and standing.

The employer’s insurer argued that this finding clearly established that the ruling in Theresa’s favor should be reversed. The insurer’s argument was that there was no evidence in the hearing transcript about the worker standing up, sitting down, or looking uncomfortable. The judge also never commented about Theresa’s movements during the hearing. In the absence of these things, the judge was not allowed to make a finding about the woman’s apparent discomfort, according to the insurer.

Legal News GavelIf you are injured in an auto accident, there are several things that are vitally important to achieving a successful result. Not the least of these things is making sure that the judge provides your jury with instructions that properly frame the issues regarding the law and the rules of the road, in order to give you a fair chance to win. Advocating for proper jury instructions is just one of the many ways that it helps to have experienced Massachusetts pedestrian accident attorneys working for you, giving you a better chance at a proper outcome.

One case from Cambridge was an example of a situation in which jury instructions were very important. Mikel was a pedestrian crossing a street in East Cambridge when a city truck, which was making a left turn, ran into her. The collision caused Mikel to suffer serious and long-term damage to each of her knees. Based upon the harm that she’d suffered, the pedestrian sued the city.

In any type of vehicle-related personal injury case (whether it’s car-versus-truck, car-versus-car, or vehicle-versus-pedestrian), one of the key parts of achieving success is the two-sided issue of fault. You must prove that the person or entity you’ve sued committed some act or omission that caused the accident, and you must establish that you were free from blame or bore only a lesser responsibility for the accident.

Legal News GavelIn many situations, there may be more than one type of legal theory that allows you to win your case and obtain a recovery of damages. For one woman who broke her hip trying to enter a Cape Cod garden store, she was able to advance her premises liability lawsuit even though she didn’t have proof that the store owner had actual notice or constructive notice of the tripping hazard that caused her to fall. The customer succeeded because she persuaded the courts that she should be allowed to go forward based upon something known as a “mode of operation” analysis. This alternate means of pursuing a premises liability case is just one example of how it can pay to have skillful and knowledgeable Massachusetts premises liability counsel on your side.

The injured woman, Linda, was a customer who was attempting to enter the store when she fell. The fall took place along a walkway that was surrounded by a gravel area that the store used to display products for sale. One of the gravel rocks had found its way onto the walkway and caused Linda to trip and fall, which resulted in her suffering a displaced fracture of her right hip.

The customer filed a lawsuit against the owner of the store for her injuries. The store moved for summary judgment, which would have ended Linda’s case before she even got to trial. The store’s argument was that the law of premises liability required an injured person to show the existence of actual or constructive notice, and Linda had proof of neither, so she had no case. “Actual or constructive notice” means that the owner or party responsible for a certain property either actually knew or reasonably should have known about a hazardous condition (such as gravel rocks in a walkway).

Legal News GavelIn any workers’ compensation case, your medical history has the potential to be an issue. If you have pre-existing conditions that already afflicted you prior to your workplace accident, your employer may try to argue that your disability is a result of those pre-existing conditions, rather than your workplace accident. The key is to have a workers’ compensation case that is strong enough to overcome these arguments. An experienced Massachusetts workers’ compensation attorney can help by providing zealous representation as you seek to defeat these and other arguments against your claim for benefits.

Employees can face a wide array of risks on the job. For workers in a psychiatric care facility, that array is especially broad. Daniel was an employee of the Commonwealth’s Department of Mental Health, working in the psychiatric area of the Tewksbury State Hospital, and his case was an example of that. On Aug. 7, 2010, a patient attacked Daniel, punching him in the head and then kicking him in the chest and abdomen until the worker lost consciousness. The attack caused Daniel to have chronic lower back pain along with deep vein thrombosis, pain, and instability in his right leg (which were tied to the lower leg fracture he suffered in the attack).

In Massachusetts, the law has done away with competing medical experts providing opinions on behalf of the employer and the injured worker. Instead, the law now requires that the injured worker undergo an examination by an impartial examiner. The judge in Daniel’s case relied heavily on the independent doctor’s opinions to conclude that Daniel was totally disabled.

Legal News GavelWhen you are hurt at work, just as if you are hurt in an auto accident or in a slip and fall, it is important to take prompt action. In general, the law gives you a limited period of time in which to pursue a claim for workers’ compensation benefits. In order to make sure that you are doing everything possible to protect your rights, it pays to retain knowledgeable Massachusetts workers’ compensation counsel, who can make sure that your case is handled properly and in a timely manner.

An example of how limitations periods in workers’ compensation cases can work was the case of an injured Massachusetts Bay Transit Authority employee. Michael suffered an injury at work on July 8, 2004. That injury resulted in his undergoing shoulder surgery that October. In May 2008, Michael filed a claim for workers’ compensation benefits. Unfortunately for Michael, he injured that same shoulder a second time at work. Ten months after the second injury, in July 2013, the worker filed another claim, with this one seeking benefits related to the 2012 injury.

Eventually, the judge issued an award of benefits to Michael in 2014. In 2015, he filed another workers’ compensation claim, seeking additional benefits relating to each of the 2004 and 2012 injuries. The judge dismissed Michael’s 2015 filing, ruling that he filed it too late. The judge wrote that the law requires “claims for compensation to be filed within four years from the date” the worker became aware of his workplace injury, and Michael filed his 2015 case more than seven years after he became aware of his injury. This meant that the statute of limitations had expired, and Michael wasn’t allowed to pursue a claim for any more benefits, according to the judge.

Legal News GavelThere can be many different ways that you can be hurt in an auto accident in Massachusetts. You may be a passenger in a vehicle whose driver was at fault in an accident, you may be a driver struck by another driver, or you may be a driver who hits some other object, like farm animals. Regardless of how your case begins, there are many ways to achieve a successful outcome, including negotiation and settlement, mediation, or a trial and judgment. In any situation, it pays to have a skilled Massachusetts car accident attorney on your side to protect your rights and help you navigate the system to get a fair recovery for you.

One case that involved mediation and a settlement was the lawsuit filed by Maureen, a driver who suffered serious injuries as a result of a single-car accident in Worcester County. Maureen crashed into two cows that had wandered away from a nearby farm and onto the road. Maureen brought a lawsuit against the farmers – a husband and wife pair – who owned the cows that Maureen’s vehicle struck. In Massachusetts, the law requires owners of livestock animals to keep their animals properly contained inside a pen or fence. Since the farmers’ cows were in the road, Maureen’s case was that they weren’t properly fenced in, that this failure amounted to negligence on the part of the farmers, and that, because of their negligence, the farmers were liable for the damages the accident caused to Maureen.

As occurs in many cases, Maureen’s case against the farmers went to mediation. The mediation was a success, and the two sides reached a set of mutually acceptable terms. Maureen signed the agreement, as did the husband. The attorney who represented both the husband and the wife signed as well.