Wrongful Death

March 7, 2018

Tragic Accident in a Payless Shoe Store Results in the Death of a Small Child

A two-year-old girl was killed in a tragic accident inside a Payless ShoeSource store last week. Ifrah Siddique was crushed when a large mirror fell as she was trying on shoes. The child was rushed to the Southern Regional Medical Center, but died from her injuries.

This tragedy calls into question the legal responsibilities of stores and other businesses, as well as the legal rights of those who are injured on their premises. Sadly, serious injuries and deaths in retail stores occur with relative frequency. Stores and other businesses open to the public often have heavy foot traffic, leading to an increased risk of something going wrong, eventually. Usually these incidents are minor, but not always.

Add frequent moving and re-arranging of displays and other heavy items to the inherent hazard of heavy foot traffic, and the risk of slip and fall accidents, traumatic brain injuries and death increases dramatically. Although minor accidents are sometimes difficult to predict – or prevent – serious injuries and fatal accidents should never occur. But they do. If you are injured due to a store’s negligence, a Boston personal injury lawyer can help you determine how to proceed.

Who is Liable?

Patrons of retail stores and other businesses open to the public have legal rights protecting them from harm. When a patron or guest is injured, property owners can be liable under the theory of premises liability. In many cases, the property owner and business owner are two different parties. Because there may be multiple parties involved, determining liability can be a complex process. The property owner may be entirely off the hook if the injury was a result of negligence on the part of the business itself, or its employees. In some situations, all three are liable. And if an outside vendor was involved, things can become even more complicated.

When negligence – whether on the part of the property owner, business owner, employees or outside vendor, or any combination thereof – results in a patrons death, the family may bring a wrongful death lawsuit against the responsible parties. A MA wrongful death attorney can help you recover damages if you have lost a loved one due to another’s negligence.

Premises Liability in MA

If a property owner owes you a legal duty of care and breaches that duty, you may be able to recover compensation for any injury or damage that results. That being said, whether you are entitled to compensation – and the level of that compensation – will be dependent on multiple factors. Why you were on the property is one of the most important factors.

Customers and others invited onto a property for the purpose of doing business are classified as invitees under MA law. Invitees are owed the highest duty of care.
Under MA law, friends and others who are invited onto a property for the purpose of a casual visit are classified as licensees. The duty of care owed to them is intermediate.
Trespassers are, of course, owed the lowest duty of care.

January 18, 2018

What Are The Symptoms Of Mesothelioma?

by Altman & Altman

Mesothelioma is a type of cancer caused by exposure to asbestos, a naturally-occurring fiber commonly used in building for decades. Before the dangers of asbestos were known, construction workers and other professionals often spent hours working with this toxic substance every day. As mesothelioma is a particularly slow-growing form of cancer, it’s not uncommon for people who were exposed more than 30 years ago to just now be diagnosed with the disease.

Mesothelioma begins as small tumors that form on the lining of the abdomen or lungs. Symptoms don’t usually become apparent until the tumors begin to press against the abdominal cavity or chest wall, which usually occurs around state III or IV.

In addition to slow growth, mesothelioma is commonly overlooked or misdiagnosed because its symptoms often mimic those of less serious conditions. Initial symptoms may include pain in the chest or abdomen, shortness of breath, dry cough, and bloating.

Most Common Mesothelioma Signs and Symptoms

If you ever worked with asbestos and have developed any of the following symptoms, it may be in your best interest to speak with your doctor as soon as possible. Of course, all of the symptoms below can be related to other, less serious conditions. But when it comes to your health, it’s better to be safe than sorry.

Wheezing
Dry cough
Shortness of breath
Chest pain
Abdominal pain
Abdominal distention
Bowel obstruction
Hernia
Fever
Night sweats
Fatigue
Muscle weakness
Pleural effusion (when fluid forms around the lungs)
Anemia
Weight loss
Difficulty swallowing

In most cases, mesothelioma is first detected by accident through a routine blood test or X-ray. Anyone who worked with asbestos for an extended period of time should inform their physician and request cancer screenings to improve the chances of an early diagnosis. If you have developed mesothelioma due to asbestos exposure, a MA work injury attorney can help you recover damages for your injuries.

Misdiagnosis

There are two main types of mesothelioma – pleural and peritoneal. Pleural affects the lining of the lungs, whereas peritoneal affects the lining of the abdomen. Both types of mesothelioma are frequently misdiagnosed. The pleural form is commonly misdiagnosed as COPD, pneumonia, or a bronchial infection, while doctors often think the peritoneal form is irritable bowel syndrome or ovarian cancer.

Is Mesothelioma a Work Injury?

In most cases, an individual’s asbestos exposure occurred at work, years ago. As such, resulting injuries are work injuries. Most work injuries are covered by workers’ compensation, but mesothelioma is typically an exception. Since symptoms of this deadly cancer often fail to show up until 20 or 30 years after exposure, few people still work at the employer responsible for their exposure. Many of these employers don’t even exist anymore. This is why it is so critical to obtain legal counsel as soon as possible. A Boston work injury lawyer can help you determine how to proceed if you’ve been diagnosed with mesothelioma due to asbestos exposure. Continue reading

November 30, 2017

Mesothelioma Lawsuit Statute of Limitations in MA

by Altman & Altman

Asbestos is a naturally occurring mineral that used to be a key component of many industrial and construction products. Unfortunately, asbestos also happens to be highly-carcinogenic.

Mesothelioma is a slow-growing type of cancer caused by exposure to asbestos. Although this carcinogenic substance has been mostly-banned since the early 1980s, exposure is still possible.

Even people who haven’t worked with asbestos in decades can be at risk of asbestos-related disease. In fact, symptoms of mesothelioma can take up to 40 years to appear. For many people, the diagnosis comes too late.

If you have been diagnosed with mesothelioma or another asbestos-related disease, what are your options? With diagnoses often coming decades after exposure, what is the statute of limitations on mesothelioma lawsuits? A Boston personal injury lawyer can help you determine how to proceed if you’ve been diagnosed with mesothelioma.

How Does Asbestos Cause Mesothelioma?

Mesothelioma is only caused by asbestos exposure. Asbestos has long been used for its fire-retardant properties. When microscopic particles of asbestos are released into the air in the form of dust, they can be inhaled, becoming lodged in the lungs or digestive system. These particles can lead to inflammation of the lungs or abdomen, leading to chronic health problems or mesothelioma.

Before the dangers of asbestos were widely known, it was used in everything from brake pads and cement to electric ovens and hotplate wiring. Asbestos exposure is still common in shipyards, oil refineries, power plants, auto repair shops, and in sites involving the construction or demolition of buildings built prior to 1980.

MA Follows the General Tort Statute of Limitations

If you have been diagnosed with mesothelioma, you must file a lawsuit within a certain amount of time. This is known as the statute of limitations. Although this time period varies from state to state, Massachusetts does not have a statute of limitations specific to asbestos-related illnesses. As such, the statute of limitations for mesothelioma lawsuits in MA follows the general tort statute.

The general tort statute holds that a lawsuit must be filed within three years of the cause of action, which – in this case – would be the plaintiff’s diagnosis of mesothelioma or another asbestos-related disease. If the individual dies of mesothelioma, the three year statute of limitations would begin on the date of death, or on the date the heirs should have known about their loved one’s diagnosis, whichever comes first. A MA personal injury attorney can help you recover damages if you’ve been diagnosed with mesothelioma.

Symptoms of Mesothelioma

As stated above, mesothelioma symptoms may not appear for decades. As such, if you worked with mesothelioma in the past, it may be a good idea to talk to your doctor, even if you aren’t experiencing symptoms. If you are experiencing any of the symptoms below, seek immediate medical attention:

Pain or pressure in the chest, especially under the ribs
Shortness of breath
Coughing, especially if painful
Strange lumps under the skin on your chest
Sudden weight loss
Pain in the abdomen
Swelling in the abdomen
Strange lumps in the abdomen

November 10, 2017

Is MIT Liable for Student’s Suicide?

by Altman & Altman

Moments after being reprimanded by one of his professors at the Massachusetts Institute of Technology (MIT), 25-year old Han Nguyen committed suicide. Nguyen had been struggling with depression, according to his attorney, but the prestigious university failed to get him the treatment he required. Could MIT be liable for a student’s suicide?

Universities across the nation are watching this legal battle unfold, with baited breath. A decision against MIT would likely cause alarm in institutions of higher education. Critics believe that such a decision would put an unfair burden on employees who are not trained to detect potentially-suicidal students. But Nguyen’s family claims that officials at the university knew of his suicide risk and did nothing to help. According to court records, a professor told colleagues to pass Han or they might end up with “blood on their hands,” and he was “read the riot act” moments before committing suicide for an allegedly-inappropriate email he had sent.

According to MIT, the school was unaware of the severity of Nguyen’s condition because he was receiving treatment by outside professionals. In fact, he had refused on-campus treatment.

“Mr. Nguyen’s suicide was a tragedy. That does not warrant a legal conclusion that MIT or any individual associated with MIT had a legal duty to prevent it”

We will continue to monitor this case and have blog updates once the court rule on this important issue.

Could a Decision Against MIT Have Unintended Consequences?

Harvard and Boston College, along with 16 other colleges and universities, have voiced concerns that a decision in favor of Nguyen’s family could have harmful consequences. Fearing liability, untrained professors and other staff might overreact to situations concerning students’ safety, resulting in a reluctance among students to report their problems. Dr. Paul Appelbaum, a psychiatrist at Columbia University, thinks their concerns are valid.

“To the extent that you heighten every resident assistant’s sensitivity to the risk of suicidality, with the threat of liability hanging over them, they are far more likely to over predict, over intervene, see it where it’s not,” said Appelbaum.

Did MIT Fulfill its Duty to Provide Reasonable Care?

But supporters of Nguyen’s family think these concerns are invalid. According to the family’s attorney, they only wish to affirm that the duty to provide a reasonable level of care ““extends to the ivory tower as it does every other civilized corner of the Commonwealth.”

In 2005, a MA judge ruled that an MIT dean and housemaster were not responsible for the death of a student who set fire to herself on campus. However, Elizabeth Shin’s case was eventually settled for an undisclosed amount. A Boston injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

MIT has refused to respond to questions about the Nguyen case, but said in a statement that it “remains committed to the well-being of its students, offering a robust network of support resources, including comprehensive mental health services.” Continue reading

September 5, 2017

Who can file a wrongful death suit in Massachusetts?

by Altman & Altman

Losing a loved one is amongst the most difficult thing a person can experience. This pain and sorrow may be multiplied if they were killed as a result of the actions of somebody else’s negligence, which may have been entirely avoided. After dealing with the emotional trauma caused by the death, a loved one left in the wake of such a tragedy may wish to pursue a wrongful death suit.

But how does filing a wrongful death suit work? Who may file one? And how may you be successful in such a claim? This guide will help navigate you through these questions.

How much time do I have to file a claim?

“An action to recover damages under this section shall be commenced within three years from the date of death.” – MA General Laws, Chapter 229, Section 2

Recovering from a tragic, wrongful death isn’t something that happens overnight. It is an ongoing process that may require counseling, therapy and much self-exploration before any amount of peace may be achieved. Knowing this reality, the law of Massachusetts allots three years between the death of the individual and the ability of a wrongful death suit to be filed.

Who may file a wrongful death claim?

Following a death, only the representative of the deceased’s estate may serve as a plaintiff in any wrongful death suit. This representative may be appointed in the deceased’s will. However, if the deceased did not leave a will, a family member or other eligible party must petition the court in order to be named the legal representative of their estate.

This representative may be represented by an attorney to assist them with the complex legal issues that come up in any wrongful death suit.

Who may be liable in a wrongful death suit?

Chapter 229 of the Massachusetts General Laws defines a few specific instances where someone would be liable in a wrongful death case, including: anyone whose negligence causes a loss of life, including someone whose job required carrying passengers (such as a bus driver).

However, the law also points out that certain individuals are not liable for certain instances that cause a death, such as a person operating a train killing someone who trespasses and walks on the train tracks. In this case, the deceased was not following the law and the train operator could not be held liable for the unlawful and unexpected actions of such an individual.

How are wrongful death claims paid?

Wrongful death suits which result in compensation being paid out are a burden to be paid by the responsible party. They are distributed to the deceased’s estate, which then must be disseminated according to their will, if such a document had been prepared.

For most wrongful death suits, the limit on damages is capped at $500,000. These damages may encompass damages described as “noneconomic,” which include punitive damages, mental anguish caused by the death as well as pain and suffering sustained as a result of the wrongful death. Continue reading

August 24, 2017

Asthmatic Teen Dies When Gym Teacher Refuses Inhaler Requests – Wrongful Death Lawsuit Follows

by Altman & Altman

In 2015, a Maryland teen began having an asthma attack during gym class. Fourteen-year-old Taylor Walton requested permission to get her inhaler, but the gym teacher refused. A second request was also refused. By the third request, Walton explained to the teacher that she was having severe breathing problems and that she needed to leave class to get her inhaler. This time, the unnamed teacher granted permission, but nobody accompanied Walton – who was struggling to breathe – to the locker room. She was later found collapsed outside the gym. Efforts to revive the child were unsuccessful.

Walton’s family has filed a lawsuit against the gym teacher, the high school, and the county’s board of education, claiming that their daughter’s wrongful death was the result of gross negligence, and that the teen’s civil rights were violated. According to the lawsuit, the school was aware that Walton suffered from asthma. In fact, this wasn’t the first asthma attack she had suffered in that gym teacher’s class. The school also failed to distribute an “emergency treatment plan” to Walton’s teachers. As such, the teen’s family is seeking $10 million from the school district, alleging that multiple breaches of duty played a “substantial factor in proximately causing injury and then death of Taylor.” A MA wrongful death attorney can help you determine how to proceed if you’ve lost a love one due to another’s negligence.

How is Wrongful Death Defined in Massachusetts?

July 5, 2017

Venus Williams At Fault in Fatal Car Accident

by Altman & Altman

Tennis Superstar Venus Williams was involved in a crash on June 9 that fatally injured another. The victim, 78-year-old Jerome Barson, died two weeks after the incident. According to Palm Beach Gardens police, Williams ran a red light and the other driver crashed into the side of her 2010 Toyota Sequoia SUV.

The victim’s wife, Linda Barson, was driving the couple’s 2016 Hyundai Accent at the time of the crash. Williams was crossing an intersection at low speeds when Barson crashed into the SUV, according to a report. However, despite the low speeds, Williams “violated the right of way” of Barson’s vehicle when she ran the red light. Barson suffered non-life threatening injuries. Williams was not injured.

No Drugs or Alcohol Suspected

Although the incident is still under investigation, neither driver is suspected of having been under the influence of drugs or alcohol, according to Williams’ attorney Malcolm Cunningham.

“This is an unfortunate accident, and Venus expresses her deepest condolences to the family who lost a loved one,” said Cunningham in a statement.

Wrongful Death Lawsuit Filed

Barson’s family has filed a wrongful death lawsuit against the tennis celebrity, alleging negligence. According to the lawsuit, Linda Barson suffered a shattered right arm and cracked sternum, among other injuries to her wrist and hand. Jerome Barson suffered multiple injuries, including “severed main arteries, massive internal bleeding, a fractured spine, and massive internal organ damage.” He succumbed to these injuries after two weeks in the intensive care unit, on his wife’s 68th birthday. Barson claims that Williams cut in front of her car and she had no time to stop.

This case illustrates the difference between a civil wrongful death lawsuit and a criminal manslaughter or murder case. To be liable for the wrongful death of another, a person doesn’t need to have acted with malice. In Williams’ case, she hadn’t tried to harm Barson, nor was she necessarily reckless. But at least according to the court, she was negligent. A Boston wrongful death attorney can help you obtain compensation if you’ve lost a loved one to another’s negligence. Although money can’t bring back a loved one, it can help provide you with the time and space to heal.

Elements of a Wrongful Death Case

In order for a wrongful death claim to be successful, four elements must have been present. These are negligence, breach of duty, causation, and damages.

Negligence: The person responsible for the wrongful death must have acted in a reckless or careless way. For example, if someone is texting while driving, he will likely be found negligent in the event that an accident results. A MA wrongful death attorney can help you determine if negligence played a role in your loved one’s death.

Breach of duty: The person responsible must have owed a duty to the victim. For example, a driver has a duty to remain focused and follow the rules of the road when she’s driving. If she ignores these rules, she has breached that duty.

Causation: The death must have been caused by the responsible person’s negligent actions. For example, Venus Williams allegedly disobeyed the rules of the road when the accident occurred. As such, she was negligent. But did her negligence cause the death of Jerome Barson? In this particular case, the answer is likely yes. However, had Barson’s wife been speeding and intoxicated at the time of the accident, the outcome may have been very different.

Damages: In order for a wrongful death claim to be successful, someone must have actually died. This isn’t hard to prove. However, damages may add up to more than the death itself; there may be property damages, loss of income, loss of consortium, funeral expenses, and more.

June 30, 2017

$3 Million Settlement in Philando Castile Wrongful Death Case

by Altman & Altman

Philando Castile’s tragic death garnered worldwide attention earlier this month when the officer who had fired seven shots into the chest of the African-American man was found not guilty of manslaughter. This case provides an illustration of the differences between a criminal charge, such as manslaughter, and the civil nature of a wrongful death lawsuit. Although Officer Yanez isn’t being held criminally liable for Castile’s death, civil liability is another story altogether.

In 2016, officer Jeronimo Yanez stopped Castile for a busted taillight. Although the 32-year-old cafeteria supervisor of a Montessori school informed Yanez that he had a weapon in his car, the officer claims he feared for his life when Castile reached for something. That’s when Yanez opened fire. During a routine traffic stop, Castile had announced the presence of a weapon and – based on video footage of the stop – appeared to be cooperating with the officer the entire time. Further, there was a four-year old child was in the backseat when Yanez fired multiple rounds into the car.

Not Guilty

On July 16, 2017 Yanez was acquitted on manslaughter charges, prompting nationwide (and global) outcry. If you have lost a loved one due to the negligent or willful actions of another, a Boston wrongful death attorney can help you determine how to move forward.

Castile’s mother has reached a $3 million settlement in the wrongful death case she brought against the man who killed her son. Those funds will be paid by the League of Minnesota Cities Insurance Trust. In addition to dimming the media spotlight on the family so that they may move on with their lives, the settlement prevents a civil murder trial, which could drag on for an extended period of time.

Michael Brown

With this settlement, Castile’s family can focus on making an impact through their foundation. The Philando Castile Foundation was established to help victims of police violence and gun violence. The news of the Castile settlement comes days after a settlement was reached with the family of Michael Brown, the black teenager who was shot and killed by a white police officer in Ferguson, Missouri. According to reports, Brown’s family settled for $1.5 million. Although the Yanez acquittal has outraged people around the world, these civil successes and large settlements are a small step in the right direction. Settlements of this size dominate headlines and let the world know that racial injustice will not be tolerated.

What is a Civil Murder Trial?

Although Yanez was found not guilty on criminal charges, proving guilt in a civil murder trial may have been an easier process. Civil cases have a lower burden of proof than criminal cases. In layman’s terms, you don’t need as much evidence to prove a case. In a criminal case, allegations must be proven “beyond a reasonable doubt,” whereas in a civil case, they just need to be more likely true than not. This is known as a preponderance of evidence. A MA wrongful death attorney can help you recover damages if you have lost a loved one to another’s negligence or harmful actions. Continue reading

May 23, 2017

Jury Awards $227 Million to Victims of 2013 Wall Collapse

by Altman & Altman

In 2013, an unsecured brick wall collapsed onto a Salvation Army store in 2013, killing seven people and injuring another 12. The tragic incident occurred when the wall, which was located at a demolition site, fell onto the Philadelphia, PA thrift store. Following a 17-week long trial, victims were awarded a total of $227 million, to be divided among the survivors and family members of the deceased. In total, 19 families were affected by this devastating accident.

The demolition site owner, the architect and contractor managing the demolition, and the Salvation Army were all found to be liable for the collapse, and thus the resulting injuries and deaths. The Salvation Army will pay $200 million of the settlement, and the demolition site owner is responsible for the remaining $27 million. A Boston injury lawyer can help you determine how to proceed if another’s negligence has caused you or a loved one harm.

How Will the Settlement be Divided?

In cases where large settlements are divided among multiple recipients, juries decide how much each plaintiff should receive. In some situations, however, parties may agree to divide the award outside of court. That is exactly how the Philadelphia case is being handled; the survivors and families will divide the proceeds in arbitration. This is different from a class action verdict in that every plaintiff must be in agreement with the way the award is to be distributed. In smaller cases, this agreement may be reached with a conversation and a handshake, but with nearly 20 parties involved in the Philadelphia case, an arbitrator is crucial to a fair, friendly, and efficient distribution process.

What is Arbitration?

Arbitration is one form of alternative dispute resolution (ADR), a process that provides an alternative to going to trial. In arbitration, each individual involved will be asked to sign an agreement that describes what was agreed upon. This effectively means that plaintiffs will not be permitted to appeal the decision, with very few exceptions. Once all parties have agreed to be bound by the agreement, anyone who wishes to receive a portion of the award must submit evidence of their damages to the arbitrator. Following this process, and based on the findings, the arbitrator will divide the damages as deemed appropriate. Although the trial above lasted several years, arbitration is rarely as long. In fact, this case will likely be concluded within a few months.

Disadvantages of Arbitration

In some cases, arbitration can dramatically reduce stress and legal costs. But it’s not always the best course of action. For starters, you have limited recourse following arbitration; if the arbitrator’s award isn’t fair, there is little to nothing you can do to air your grievances in court. Arbitration may also present an uneven playing field, created by the arbitration clauses of large companies, for example. And the process of choosing an arbitrator is rarely an objective one. If you are unsure whether arbitration is right for you, a MA injury lawyer can help you determine how to move forward. Continue reading

April 28, 2017

Child Care Program Sued for $10 Million Following Three Year Old’s Tragic Death

by Altman & Altman

The parents of a three-year-old child who died in a tragic accident at a Head Start child care program are suing for $10 million. The wrongful death lawsuit alleges that the child’s death could have been prevented if reasonable care had been exercised to ensure a safe environment.

The accidental death occurred at a Head Start in Dearborn Heights, Michigan. Several retractable lunch tables were leaning against a wall that the child was playing next to. The heavy, decades-old tables fell from the wall, opening up, and crushing the small child. In addition to not being properly secured to the wall, the tables were in disrepair and hadn’t been used for years. The lawsuit alleges that proper inspection of the tables would have prevented this tragedy.

What is Wrongful Death?

When negligence, carelessness, or recklessness results in a death, surviving family members can obtain compensation through a wrongful death lawsuit. Wrongful death liability differs from liability for death caused by misconduct and criminal behavior in that the liable person or persons didn’t intend to cause the death. As such, wrongful death lawsuits impose civil, not criminal, consequences. In many cases, a surviving spouse, parent, or child can file a lawsuit and obtain compensation to effectively replace the loss of income, benefits, and other forms of financial and emotional support.

There are time limits to filing a claim for wrongful death. An experienced MA personal injury attorney can help you determine if you should file a wrongful death lawsuit following the death of a loved one. In addition to time limits, the loss of evidence over time can negatively impact the outcome of your lawsuit. As with most types of injury lawsuits, time is of the essence.

Liability of Child Care Facilities

Kids get hurt. And not all bumps and bruises are the result of negligence. But serious injuries, and even chronic minor injuries, may indicate negligence. In some cases, injuries can even indicate abuse. A Boston injury lawyer can provide a free consultation to help you determine whether you have a strong enough case to warrant a lawsuit.

Common Injuries Related to Child Care Negligence and Abuse

Negligence and abuse can take many forms, resulting in minor or serious injures, even death. Some of the more serious injuries include:

Injuries from high falls
Drowning
Dehydration from lack of access to water
Choking on non-food objects
Injuries suffered from “wandering away” due to inadequate fencing or gating
Burns or injuries related to exposure to chemicals and toxic or poisonous substances
Cuts and wounds from sharp or rusty objects

Proving Liability

Determining whether your child’s injuries are a result of negligence or abuse isn’t always an easy task. There are certain elements used to determine liability in child care negligence claims. These elements include:

The care provider had a duty to exercise reasonable care.
The care provider breached that duty.
The injury would not likely have occurred if the care provider hadn’t breached his or her duty.
The injury was caused by the breach.