Articles Posted in Personal Injury

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Most personal injury lawsuits are subject to a statute of limitations…meaning, you probably can’t sue someone because you were injured in a slip and fall accident on their property 30 years ago. But what if your injury was caused by exposure to a substance that takes decades to wreak havoc on the body? Consider asbestos. This deadly substance, commonly used in building and construction for decades, was all-but-banned after it was discovered that exposure could cause serious health problems.

Further complicating asbestos-related lawsuits is the fact that it can take more than 20 years for deadly diseases like asbestosis or mesothelioma to be diagnosed. In many instances, once a disease like mesothelioma has been diagnosed, the patient’s long-term prognosis is not good. But even if decades have passed, it may not be too late to file a lawsuit. A Boston injury lawyer can help you determine your options if you have an asbestos-related health condition.

In addition to the length of time it may take for asbestos-related health problems to become apparent, it is also difficult to pinpoint exactly when and where the exposure occurred. And even if the exposure can be traced to a certain period of time – while working for a contractor, for example – that company may no longer be in business. For all of these reasons, courts have made several exceptions for asbestos claimants with regard to statutes of limitations and obtaining compensation from now-defunct past employers.

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According to the Centers for Disease Control and Prevention (CDC), about 1.4 million people suffer a brain injury in the United States annually. This type of injury is often the result of a motor vehicle accident, sports injury, or fall. Any kind of trauma to the head can cause a brain injury, which can range from a minor concussion to permanent brain damage.

If you are considering legal action after a brain injury, it is important to understand the complex legal and medical issues surrounding this type of injury claim. A Boston injury lawyer with extensive experience in this specific area can make all the difference in the world. Whether you’re filing for workers’ compensation benefits, negotiating with an insurance company, or determining if you have a successful product liability lawsuit, skilled legal representation is crucial to a positive outcome.

Proving Negligence

In order to prove that another party is legally responsible for your injury, you will need to show all of the following:

  • The defendant had a duty of care to the plaintiff: For example, an airbag manufacturer has to exercise reasonable care that its airbags are safe for the general public.
  • The defendant failed to exercise that duty of care: If a driver is injured when his airbag explodes for no reason, sending metal debris into the air, the airbag manufacturer may be liable.
  • The plaintiff’s injuries were caused by the defendant’s failure to exercise that duty of care: If the court finds that the airbag manufacturer knew about the risk of sudden explosion but failed to recall the airbags, the manufacturer will likely be found negligent.
  • The plaintiff suffered measurable injuries or losses: If the victim suffered a brain injury due to the exploding airbag, he will likely be awarded compensation for medical bills, pain and suffering, lost wages, and other associated costs.

In a scenario like the one above, proving negligence should be a fairly straightforward task. But brain injury lawsuits are rarely this cut-and-dried. In many cases, simply proving that a brain injury occurred can be difficult. Broken bones and burns are easy to see, but brain injuries – unless severe – are not always apparent. As the victim, you may experience pain and cognitive difficulties on a daily basis, but proving this to the court may be an uphill battle.

Further, even when a brain injury is obvious, proving that the defendant’s negligence caused your injury can be a challenge. For example, if your brain injury occurred in a car accident involving another vehicle, proving that the defendant’s bad driving was the cause may be difficult. For this reason, gathering as much evidence as possible following a brain injury can have an immensely positive impact on the outcome of your case. A MA injury lawyer can help you determine whether you have a valid legal claim.

Symptoms of a Brain Injury

Brain injuries can be mild or severe, and so can the related symptoms. If you have suffered trauma to the head, or were involved in a high-impact accident, such as a motor vehicle accident, the following symptoms may indicate a brain injury.

  • Loss of consciousness
  • Confusion
  • Severe headache
  • Chronic headache
  • Nausea
  • Vomiting
  • Fatigue
  • Sleep problems
  • Dizziness
  • Balance problems
  • Blurred vision
  • Ringing in the ears
  • Sensitivity to light
  • Sensitivity to sound
  • Memory loss
  • Problems concentrating
  • Mood changes
  • Depression
  • Anxiety

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For many New Englanders, nothing beats the first warm days of spring, when we clean off our porches and decks, and bring out the grill and patio furniture. Porches, decks, and balconies provide extra space for outdoor entertaining and relaxing. But worn, improperly-designed, or dangerous decks can collapse, leading to broken bones, spinal cord injuries, and traumatic head injures. When decks are especially high, collapses and falls can be fatal. If you have been injured in a porch or deck collapse, who is responsible?

Property owners or managers have a duty to ensure that porches and decks are well-maintained, inspected regularly, and structurally sound. If an inspection reveals problems, it is the property owner or manager’s responsibility to make sure that necessary repairs are completed in a timely manner. If you were injured due to a poorly-maintained porch or deck, a MA personal injury lawyer can help you determine if you have a successful injury claim.

When is a Property Owner or Manager Not Liable?

In certain circumstances, the owner or property manager may not be at fault if a porch or deck collapses and injures another. Some of these special circumstances are included below:

  • The injured person knew about the dangerous condition before the injury occurred.
  • The dangerous condition was obvious and the injured person should have seen it.
  • The owner or property manager had no way of knowing that the dangerous condition existed.
  • The injured person created the dangerous condition through his or her misuse of the premises.

Let’s consider the following scenario. You rent a Boston apartment, and the property owner lives in Florida. When you signed the lease, the deck was in perfect shape. Last month, a tree fell on the deck during a storm, causing severe damage. You noticed the damage, but failed to report it to your landlord. Last night, you walked onto the deck to smoke a cigarette, and the damaged portion of the deck collapsed. In this situation, filing a personal injury claim against your landlord for negligence will not likely result in compensation. If, on the other hand, you contacted your landlord immediately to report the damage, but he or she never responded (despite multiple phone calls and emails), you may be able to recover damages for injuries suffered. A Boston injury lawyer can hep you determine how to move forward. Continue reading

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A recent study completed by the California Workers’ Compensation Institute reviewed data on over 18,000 California work injury claims from accidents between 2000 and 2014 that resulted in one or more spinal fusions.

The data showed that 60 percent of the claims made involving spinal fusions started off with an injury that was initially reported as a simple sprain or a strain. In a majority of cases, spinal fusion surgery had to be performed within two years of the initial injury, and 20 percent required at least one additional fusion at some point further down the line.

Men accounted for more than 64 percent of the claims in each year that was reviewed, and men received more compensation through temporary disability and permanent disability, as well as more money for medical treatment than women did.

The second-leading cause for filing a claim after a back injury was cumulative trauma, including mental stress, which made up 14 percent of claims.

What is a spinal fusion?

Spinal fusions are major surgery procedures that seek to alleviate chronic back pain by ceasing the motion of a problematic vertebral segment. In simpler terms, spinal fusions join two problematic pieces of your spine into one larger piece that should, in theory, make chronic back pain better.

A spinal fusion may be necessary because of a degenerative condition that the patient has had since birth, or they may need one because of a traumatic injury that caused a serious injury to one or more of their vertebrae. In regards to this situation, workers who were injured on the job required spinal fusions years after they incurred an injury that they thought – or were told – was just a minor sprain.

Clearly, the spine is not something that can be healed from major injury just by resting it. Surgeons must perform hours of surgery and utilize bone grafts to join the two problematic vertebrae and stimulate a biological response to make the graft grow between the vertebrae, creating one fused bone.

Spinal fusions are incredibly difficult, finicky procedures that do not guarantee success, and may require additional surgeries later on in life. Twenty percent of workers injured in this study required at least one additional fusion surgery. Continue reading

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The Angry Bull Saloon, a bar in Hartford, Conn., will not reopen following a tragic incident that occurred on March 3 involving a teenager who fell from the roof level of the building that housed the bar.

An investigation by police concluded that the death of an 18-year-old female was an accident, but the police also believe that the teenager was at the bar before she fell four stories to her death. Toxicology reports have yet to be released, so it is unknown whether or not the teenager was intoxicated at the time of her fall.

The Angry Bull agreed to turn in its liquor license and close its doors during the investigation, and has now officially decided to close indefinitely because the city of Hartford would have imposed costly new security measures as an ultimatum to reopen. As requested by the chief of police, the bar would have had to have paid the city for police details on Thursdays, Fridays and Saturdays, a cost of about $584 a night.

Police reported that the teenager was able to gain access to the bar with a “very good” fake ID, and that she still had a wrist band from the bar on her wrist when she accidentally fell from the fourth-floor of the building. Police said she was able to get onto the roof by simply walking up a set of outdoor stairs and then climbing a ladder up to the roof. It is believed she was alone at the time of the incident.

The Angry Bull had already caught the attention of Hartford police before the tragic incident, as they had been the subject of three referrals to the Liquor Control Commission since November; including two for allegedly allowing underage drinking.

One of these referrals was closed without any action taken, and the other remained under open investigation. According to the Courant, state and local police were in the midst of planning an undercover operation at the bar at the time of the accident.

Many responsible for this tragedy

Although you should never climb to the roof of an unfamiliar building without any supervision or proper safety precautions (and especially not if you have been drinking any amount), it should not have been so easy for a teenager to gain access to a roof that is four stories high. It should not have been possible for an underage person to gain access to a bar, no matter how convincing her fake identification was.

While the bar has done the right thing in closing down their business following such a horrific event, they are still not out of the woods when it comes to liability for the death of the teenager. If it turns out that she was intoxicated at the time of the accident, the owner and bartenders who served the young woman will be in significantly more trouble.

Likewise, the owner of the building that housed the bar would be liable for the tragedy as well, since they did not prevent access from the foreseeable and dangerous situation of somebody gaining access to the roof. Both the owner of the bar and the owner of the building may eventually be taken to court due to their negligence that helped contribute to a death.

Ensuring that your place of business, and ensuring that any property you own, doesn’t become a hazard to those that patronize it is a fundamental responsibility of the individuals that own these properties. Continue reading

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Alan Lavender, the former city councilor and mayor of Newburyport MA, was fatally injured when his single-engine plane crashed into the Prides Crossing condo complex in Methuen last month. The plane was approaching Lawrence Municipal Airport when the accident occurred, leaving the plane’s tail poking out of the building’s roof. Fortunately, nobody was home in the two condos impacted by the crash.
The National Transportation Safety Board’s investigation into the crash will consider several factors, including Lavender’s qualifications, the weather at the time of the crash, and whether the plane may have had mechanical issues. Witnesses reported that the plane “took a steep descent and disappeared behind the trees” prior to the crash. Investigators are urging any witnesses who haven’t yet come forward to do so, especially if they have photos or video of the incident. A Boston injury lawyer can help you determine how to proceed following an accident or injury.

Witness Accounts

The former mayor’s plane was home-built from a kit. The two-seat Sonex plane is actually a relatively common aircraft, and known to be of high quality. Emergency responders arrived at the scene of the crash shortly after the incident occurred. Although nobody was home in the two condos damaged by the crash, Nancy Downey was inside the building when the accident occurred. “I heard a loud boom and when I looked outside there was insulation coming down like snow,” she told the Herald. “It scared me half to death. … I hear planes all the time,” said Downey. Ron Coholan, a resident in an adjacent building, said this was the second accident in two decades. “I hope Lawrence airport will redirect flights,” said Coholan.

Was the Plane Defective?

Until the investigation determines the cause of Lavender’s accident, we don’t know if it was due to weather, lack of training, or a mechanical problem with the plane. However, the incident serves as a stark reminder that defective and faulty parts can result in serious injuries and death. If the investigation uncovers that defective parts caused the crash, Lavender’s family may choose to pursue a defective product liability claim or a wrongful death lawsuit.

Different Types of Defective Product Liability Claims

If you believe that a defective product has caused you harm, a MA injury lawyer can help you determine which type of defective product liability claim to pursue. Most product liability claims fit into one of three categories. These include:

  • Defective design – this occurs when the product’s design is inherently dangerous or faulty.
  • Defective manufacturing – this occurs when an error is made during the manufacturing process, usually at the factory. This is the most common type of product liability claim.
  • Failure to warn – this occurs when a product that has some type of hidden danger does not include adequate warnings or instructions to prevent injury.

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A tire blowout can be extremely dangerous, especially at high speeds. When a blowout occurs, the incident often leads to damage, motor vehicle accidents, and injuries. However, determining liability is rarely an easy task. Negligence on the part of the vehicle owner / driver may have been a contributing factor, but it’s also possible that the tire was defective. If you have been involved in an accident caused by a tire blowout, a MA injury lawyer can help you determine who’s liable for any resulting injuries or property damage.

Do You Have a Product Liability Claim?

If your tire blowout caused an accident, you may have a product liability claim against the manufacturer of the tire or wheel. In these types of cases, it is common for experts to be consulted. They can analyze the details of the blowout and testify to how it most likely occurred. If the tire was relatively new, properly installed, and recently inspected, your chances of success will be much greater than if the tire is old and worn. Improper installation may have also played a role in the blowout. If a new tire blows out on the road, it is likely due to improper installation or driver negligence.

Driver Negligence

If you are injured or suffer a financial loss due to another driver’s tire blowout, you may have a claim against the driver. Did negligence play a role? This is generally easier to prove than a product defect or improper installation because you only need to show negligence on the part of the driver. And proving negligence, as it pertains to a tire blowout, may be a relatively easy task. The fact is, drivers rarely inspect tires as often or thoroughly as they should, even though they are bound by duty to do so. However, even individuals with brand new tires, a solid tire-maintenance schedule, and whose tires were properly installed can have a blowout due to driver negligence. If you have been injured due to a tire blowout, a Boston injury attorney can help.

Common Tire Defects

A tire can be defective for multiple reasons. Some of the most common include:

  • Manufacturing defects
  • Design defects
  • Improper or inferior materials
  • Old tires that appear new
  • Improper tires for the vehicle type

The side effects of the above defects may include:

  • Tread separation
  • Bead failure
  • Belt separation
  • Tire explosion or blowout

In most single vehicle accidents and rollovers, tire blowouts are to blame. When an older tire is sold as “new,” the tire may appear fine until the driver reaches high speeds. This can be especially dangerous in hot weather. If you are concerned about the safety of your tires, have them professionally inspected as soon as possible. Don’t let something as simple, and inexpensive to fix as a faulty tire, cost you your life. Continue reading

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If your negligent landlord has caused you physical injury or financial loss, you may be able to sue him or her to recover your losses. However, proving that negligence can be a complicated matter. In some cases, negligence is apparent. For example, if your landlord ignored multiple emails and phone calls about a propane smell in the home and a propane explosion occurred weeks later, proving negligence is likely to be a straightforward process. However, injury and property damage claims are rarely this cut and dried. A Boston injury attorney can help you determine if you have a successful personal injury claim.

Proving Landlord Negligence

If your landlord acted carelessly without regard for the consequences of his or her actions, and you were injured or suffered financial losses as a result, you may have a successful personal injury claim on your hands. When injury or property damage occurs on the property of another, the property owner may be found negligent under premises liability laws. To prove that your landlord’s actions caused your injury or property damage, the following conditions must exist:

  • The landlord owed a duty to you.
  • The landlord breached that duty.
  • The breach of duty caused the injury or property damage, and
  • An injury or property damage occurred.

In personal injury claims against landlords, the most common question is whether or not the landlord actually owed a duty to the injured person. What does that mean, exactly? Basically, a landlord generally has a duty to tenants and their guests. Landlords may even have a duty to the public if the public has access to common areas. The duty owed is generally to maintain the common areas in a safe and habitable condition at all times. For example, hazards such as live wires and broken steps should be remedied as soon as possible, railings should be secure, doors should open and lock properly, and there should be a plan in place for dealing with snow and ice. Consult with a MA injury lawyer if you’ve been harmed due to landlord negligence.

Was Notice Given?

Although remedying these hazards is a landlord’s responsibility, the landlord must have notice of the hazards in order to remove them. For example, if you are renting a house in New York and your landlord lives in California full time, how is she going to know when a formerly-intact step breaks? If you fall down that step and suffer injuries, can you sue? Well, if you never notified your landlord of the problem, your chances of success are limited. However, you may be in luck if you called and emailed your landlord for weeks, offering to pay for a renovation if she deducted it from your rent, but she failed to respond. There are some exceptions to the notice rule, however. For example, if the dangerous conditions were present before you moved in, it is possible that the landlord “should have known about” the conditions. Continue reading

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This stretch of unseasonably warm weather has many thinking about spring. With spring comes longer days, warmer temps, greener landscapes, and the infamous Spring Break! For many of us, spring break has taken on a very different meaning than it had during our college years. But even mild spring break celebrations and vacations carry some inherent risks. Read on for more information about spring break hazards, and how you can protect yourself from serious harm.

Common Spring Break Injuries and How to Prevent Them

A little R&R may be just what the doctor ordered, but the spring break-related health risks below can ruin your vacation, and could even cost you your life. A Boston injury attorney can help you determine how to proceed if you’ve been harmed by another’s negligence. By taking the following safety precautions, you can dramatically reduce your risk of serious injury and death:

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Multiple deadly accidents involving duck boats have occurred in cities throughout the country over the past few years. Duck boats are amphibious vehicles originally used during World War II to transport goods and troops across land and water. In more recent times, duck boats have been transformed into the ultimate tourist attraction, sightseeing vehicles that can float in the water and drive down the road alongside cars and trucks. Currently, more than a dozen American cities have duck boat tours, and Boston is one of them.

Boston’s fondness for duck boats is understandable; they have been used in parades and to celebrate sports championships for years. In fact, the New England Patriots just celebrated their Super Bowl win by riding down Boston’s streets in two dozen duck boats.

A String of Fatal Duck Boat Accidents Has Raised Concerns

Unfortunately, not everyone in Boston – and across the country – is as fond of these land-water vehicles. In fact, some advocates want to see them banned altogether. Five college students were killed in Seattle in a duck boat accident in 2015. In Philadelphia, three people were killed in two separate duck boat crashes. And right here in Boston, a duck boat ran over 28-year-old Allison Warmuth, killing her, last year. A Boston injury lawyer can help you determine if you should file a personal injury lawsuit after any type of motor vehicle accident, including those involving duck boats.

Ivan Warmuth, the father of the young woman who was killed by a duck boat last year, believes the vehicles should be banned. According to critics, the massive vehicles are dangerous due to their current design. Drivers have to deal with multiple blind spots, more than with other motor vehicles, making it difficult to see the road directly below them. In addition, the drivers typically double as tour guides, pointing out and talking about various historical landmarks as they drive through Boston.

Improved Safety Measures in Boston

Warmuth’s parents are lobbying for new legislation that will improve the safety of duck boats. They have already seen some success; MA has passed a law requiring duck boats to be equipped with proximity sensors and blind spot cameras. In addition, duck boats are now required, by law, to have a second employee on board. This will prevent the driver from being distracted by having to narrate the tour while operating the vehicle.

Following the accident that resulted in Warmuth’s death, the National Transportation Safety Board examined video showing the driver turning in his seat to point to landmarks while driving. ‘‘I hear again and again from Boston Duck Tours and any of these other companies that safety is their No. 1 priority, and if that’s the case, you can’t argue that the safest way to operate the vehicles is for the driver to also be giving the tour,’’ said Kevan Moniri, who was a passenger on Warmuth’s scooter when the accident occurred. He says he realized, as the duck boat approached, that the driver could not see them in his path.

Less than three months after Warmuth’s fatal accident, a woman from New Jersey was seriously injured when a duck boat struck her on a Boston street. If another’s negligence has caused harm to you or a loved one, you may be able to recover damages by consulting with a MA injury lawyer. Hopefully, duck boat tour companies nationwide will take the proper safety measures to reduce the risk of serious injury and death. In the meantime, consider the risks before taking a duck boat tour, and use caution when approaching a duck boat as a cyclist, passenger, or while operating a motor vehicle. Continue reading

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