Articles Tagged with Plymouth County

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.

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 GavelWhen you file a lawsuit as a result of your auto accident injuries, there are several steps in the process. One of these may be exploring the possibility of a mutually acceptable settlement. An important thing to note about settlement negotiations and settlement agreements is that they are much like any other form of contract negotiations and contractual agreements. They require one side to make an offer, and the other side must accept that offer. There must be a “meeting of the minds” about the terms of the agreement. Without those things, a settlement agreement isn’t valid. When it comes to deciding whether to settle or litigate your injury case, it pays to have the advice and representation of a knowledgeable Plymouth County car accident attorney.

The existence (or lack thereof) of a valid settlement was a central dispute in one recent auto accident case. Frances was the driver of a vehicle that was rear-ended by a vehicle driven by Edy. As is common in many civil cases, the opposing sides both worked toward trial and discussed the possibility of settling the case out of court. Eventually, Frances’ case went to trial, and the jury found in her favor, awarding her $52,000 in damages.

Edy appealed that judgment. The centerpiece of his appeal was that Frances was not entitled to the damages award handed down by the jury because the two sides had already settled the case, and Edy had been released from liability in exchange for agreeing to the settlement. Edy also argued that, if the court did not throw out the jury’s damages award, it should at least reduce it by the amount that Frances’ auto insurer had already paid out.

Legal News GavelIn Massachusetts, a property owner has a legal duty to those on their property to maintain it in a reasonably safe condition. While many people may associate this obligation with maintaining the property in a hazard-free condition to avoid trip-and-fall and slip-and-fall accidents, the duty actually goes beyond just that. One of the other obligations property owners have is to keep visitors to the property free from harm by certain third-party assaults. When a property owner fails to do so, and you suffer injuries as a result, you may have a claim against that property owner. An experienced Massachusetts premises liability attorney can help you assess your situation and the merits of your case.

An example of this type of scenario was a federal case that recently went before the First Circuit Court of Appeals, whose rulings affect federal cases in Massachusetts, Maine, Rhode Island, New Hampshire, and Puerto Rico. In the case, the plaintiff, Henry, lived in a condominium complex that was attached to a luxury hotel in downtown Providence. This residence came with access to the hotel’s services and amenities. One night, while waiting outside for his girlfriend, Henry noticed a large group of boisterous young people who were going in and out of the hotel’s entry area. At one point, the group appeared to chase and potentially attack an African-American passer-by.

Henry told a valet to get help, but the valet told Henry, “That’s not my problem” and went to go park a car. Henry retreated to the hotel lobby. He informed the hotel concierge of the problem, but before she could act, the mob attacked Henry. They punched, shoved, and kicked him. They held him down while one threw a table at him. In the end, Henry suffered a broken arm in the attack.

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.