Articles Tagged with personal injury

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.

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

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.

Having insurance in Massachusetts is a legal requirement in order for an individual to legally operate a vehicle within the state. While the extent of one’s coverage may vary, in Massachusetts individuals are required to carry four types of compulsory auto insurance with their own minimum requirements. The types of auto insurance are Bodily Injury to Others, Personal Injury Protection, Bodily Injury Caused by an Uninsured Auto, and Damage to Someone Else’s Property.

  • Bodily Injury to Others: The minimum requirement in Massachusetts for Bodily Injury to Others is $20,000 per person/ $40,000 per accident. This type of insurance gives an individual protection against legal liability for the accidental injury or death of others caused by the operation of your car. This is only applicable to accidents that occur in Massachusetts. While this protects an individual from legal liability to individuals involved in an accident, the protections do not extend to your passengers.
Mass Insurance coverage

You must meet minimum Insurance requirements to be eligible to drive in Mass

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.

firefighter

Firefighter exposed to toxic smoke

The Massachusetts Senate approved a firefighter cancer bill that will enable firefighters and other state workers, such as police officers who are regularly exposed to dangerous fire related conditions, to treat cancer as a work related/line of duty injury. This change offers increased protections to first responders who put their lives at risk for the safety and security of our society. Before this bill, first responders suffering from cancer related illnesses would utilize their sick time while treating for cancer. After the finite amount of sick leave ends, payroll and healthcare benefits cease, making an already difficult financial, physical, and emotional battle all the more challenging.

“We accept the sacrifice of our job as a part of our calling, but when we get diagnosed with cancer, and we run out of sick leave, and we go off the payroll, and we lose our healthcare that is just wrong,” said Ed Kelly of the International Association of Firefighters. Firefighters, and other first responders, especially in Massachusetts have an increased risk of being exposed to carcinogenic chemicals, more so than any other state. Massachusetts mandates flame-retardants in their fire code in hopes of preventing out of control fires and deaths attributed to fires. Boston had one of the lowest national rates of firefighters killed in action, which influenced Massachusetts decision to keep flame retardants a part of the fire code. (Boston Magazine)

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.

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:

best attorneys

10 Best Attorneys In Client Service

Delayed injuries are a reality that happens for a variety of reasons. After an accident your body releases endorphins. According to howstuffworks.com  “Endorphins are neurotransmitters whose functions range from blocking pain, to generating feelings of pleasure.” In the time following in accident it’s hard to gauge levels of pain or trauma as a result of the endorphins released in your body. This effect can last for days or even weeks, leading some injuries to go unnoticed in the immediate aftermath following an automobile accident.

whiplash, delayed injury

Simulated whiplash

In the coming weeks following an accident, it’s not uncommon for one to feel abdominal pain, headaches, pain in the neck and shoulders, back pain, or a sense of numbness or tingling as a result from the impact of a car accident. Conditions of this type occurring after an accident are likely the result of said accident. It is important to see a doctor to get a proper valuation following these symptoms to determine your condition.