April 5, 2017

How to Navigate the Complexities of a Head Injury Lawsuit

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

April 4, 2017

Blinded by a Fall: Jury Awards Pennsylvania Man $4 Million

by Altman & Altman

Bill Waite was leaving a York, Pennsylvania shopping center when he tripped over an unmarked step, suffering serious injuries that left him blind. The unmarked step, which was located on an otherwise level walkway, may have resulted in the largest personal injury award in the county’s history. The property owner was found negligent due to the lack of signage alerting customers to the step.

According to the 80-year-old victim’s lawsuit, he had very little functional sight in his right eye before the incident. When he tripped over the step, Waite fell into a chair outside of a tattoo shop, striking his left eye. The accident left him effectively blind. Before the accident, Waite loved to spend time with his family and play golf. Now, Waite says, family gatherings are like “sitting in a dark closet listening to people on the outside.” A MA injury lawyer can help you proceed if you’ve been injured in a slip and fall accident.

Waite, who was 80 years old when the fall occurred in 2012, declined to comment, saying only that he “wished the incident had never happened and he hoped the money would make life easier for his wife.” The reality is, slip and fall accidents among the elderly are relatively common. In some instances, falls are a result of physical ailments, not property owner negligence. However, the age of the victim doesn’t excuse a property owner from taking responsibility for foreseeable conditions on their property. If a property owner knows about, or should have known about, a dangerous condition, he or she may be liable if someone is injured as a result. Due to the lack of marking on the step that Waite tripped over, the property owner was found negligent.

Slip and Fall Accident Statistics

Slip and fall accidents are one of the leading causes of personal injury lawsuits in the United States today. And they are one of the most dangerous types of accident. A Boston injury lawyer can help you determine if you have a successful injury claim following a slip and fall accident.

More women experience work-related slip and fall accidents than their male counterparts.
Falls are the top cause of emergency department visits, accounting for more than eight million ER visits annually.
Fractures, which occur in about five percent of falls, are the most common serious injury suffered from slip and fall accidents.
Slip and fall accidents are the primary cause of missed work due to work-related injuries.
For workers age 55 and over, falls are the leading cause of occupational injury.
According to the Consumer Product Safety Commission, more than two million annual slip and fall injuries are a direct result of floors and flooring materials.
Falls account for about 50 percent of all accidental deaths that occur in the home.
Falls are the second leading cause of fatal injury for people between the ages of 65 and 84, and the leading cause of fatal injury for people age 85 and over.

April 3, 2017

Springtime Safety – Porch and Deck Collapse Accidents

by Altman & Altman

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

March 31, 2017

Springtime means cycling season is here in Boston

by Altman & Altman

Although we may have to endure another April snowstorm or two, the flowers will be blooming shortly and better weather is on the way. With the emergence of spring also comes the emergence of the bicycling season, as thousands of cyclists dust off their bikes and repopulate the crowded commutes all around the state.

There is no doubt that cycling is an efficient, healthy and environmentally-friendly way to get around, especially in the busy hubs of Boston, Cambridge and the surrounding metropolises. Unfortunately, what makes a big city ideal for cycling is also what makes these places the most dangerous to ride a bicycle.

Tight streets overpopulated with vehicles driven by impatient, often-distracted drivers is a recipe for disaster for any cyclist. Crashes involving one party on a bicycle and the other party in a car will never fare well for the cyclist. Proper awareness, attention to the rules of the road and hyper vigilance of surrounding commuters is essential to staying safe while cycling.

Motorists, too, must be aware of cyclists. Motorists must observe and obey bike lanes, not crowd them or obstruct them or otherwise use them in an inappropriate way. Many cities are implementing strategies to make cycling easier and safer, and all of these strategies hinge on the notion that car drivers and cyclists must share the road.

According to the National Highway Traffic Safety Administration, 5,376 pedestrians and 818 bicyclists were killed in crashes with motor vehicles in 2015.The following safety tips should be employed to ensure safety as cyclists head back onto the roadways.

Cycling safety tips

Make sure your bike is prepared for a commute
- Make sure your tires are properly inflated
- Make sure your brakes are working and that your reflectors are in good shape
- Adjust your seat height and positioning so it is comfortable to both sit and stand
When possible, avoid riding at night
- If you must ride while it’s dark, wear reflective tape, bands or bright colored clothes
- Visibility is your best method to avoid accidents
Always maintain control with at least one hand on the handlebars at all times
Avoid road hazards such as construction or precariously small, highly-trafficked streets when possible
Follow all traffic rules
- If you are riding on the street, obey all signs and traffic lights as if you were in a car
- You must alert other commuters of left and right turns with hand signals
If riding on the sidewalk, you must alert pedestrians that you are passing by with a bell or a verbal call
- In some areas, cycling on the sidewalk is prohibited
Never cross the street unless at a pedestrian crossing
- Emerging from in-between parked cars is dangerous and gives motorists little time to react
Do not ride sporadically or weave in and out of traffic
- Maintain straight lines and be predictable
Keep an eye out for parked cars. Crashes often occur when a motorist opens their door without looking behind them. Give enough space between yourself and parked cars to avoid this.
Avoid listening to music while riding. Being able to hear oncoming traffic or a car horn may save your life.

March 28, 2017

How back strains become claims

by Altman & Altman

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

March 23, 2017

Bar closes after underage patron dies

by Altman & Altman

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

March 20, 2017

Rear Mounted Bicycle Seats – Do They Meet Safety Standards?

by Altman & Altman

Bicycling with your kids is healthy, good for your wallet, good for the environment, and it can be a wonderful family bonding experience. When children are too young to ride on their own, some parents still choose to bring them along for the ride, using either a rear-mounted bicycle seat or trailer. Although both options can provide countless hours of family enjoyment, they also come with risks. Read on for more information about how to choose the best option for your family, and how to keep your child safe.

Which Option is Safest?

A study published in the Archives of Pediatric Adolescent Medicine reported that trailers are safer than mounted seats. According to the study’s authors, “When compared with bicycle-mounted child seats, there were fewer reported injuries to children associated with the use of bicycle-towed trailers. Motor vehicle involvement and need for hospital admission were similar among injured children in both groups, and the head or face was the most common site of injury.” So, while there were more reported injuries linked to mounted seats, the extent of injuries suffered seems to be about the same for trailers as for mounted seats. A MA injury lawyer can help you determine how to proceed if you’ve been involved in a bicycle accident.

Tips to Keep Your Child Safe in a Bicycle Seat or Trailer

As the parent, it is up to you to decide which bicycle seat option is best for your family. By following the tips below, you can help ensure that your child stays safe while riding in a mounted seat or bicycle trailer. If your child was injured due to a defective bicycle seat or trailer, a Boston bicycle accident lawyer can help you determine the next steps.

Never put your child in a mounted bicycle seat until they are at least one year of age. Prior to one year, a child’s skull is too soft and can be easily damaged, especially on bumpy roads.

Pull-behind trailers should be adequately padded for shock absorption. A very young child can suffer brain damage from too much jostling around while seated in mounted seats and trailers.

Whether inside a trailer or in a mounted seat, children of all ages should always wear a helmet.

Due to a bicycle trailer’s low profile, they can be hard for drivers of motor vehicles to see. To call attention to the trailer, equip it with a high-visibility orange flag.

Avoid riding after dark, but if you must, make sure your trailer and bicycle are equipped with lights.

Do not ride on the shoulder of the road if you have an attached trailer.

If purchasing a mounted seat, make sure your bike is compatible with your seat of choice.

Always follow the same rules of the road that motor vehicle drivers use when bicycling.

March 16, 2017

Five Steps to Take Following a Motor Vehicle Accident in Massachusetts

by Altman & Altman

Even a minor car accident can be startling. Feelings of fear, frustration, anger, and embarrassment often follow. This mix of emotions can make it difficult to determine the appropriate way to handle the next steps. However, what you say and do following a car accident can have a profoundly positive or negative impact on the outcome. The information below provides key steps to take if you’ve been involved in any type of motor vehicle accident.

Do not leave the scene. Fleeing the scene of an accident is probably the worst decision you can make following a crash. If someone was injured, or if property damage occurred, you could be facing a “hit and run” charge, which carries harsh penalties and hefty fines. Stay at the scene until the police arrive. If, for any reason police are not called, do not leave before exchanging insurance and contact information with the other driver.

Make sure everyone is safe. The first step following a motor vehicle accident is to check for injuries. If you are unharmed, check your passengers first, then proceed to other drivers and passengers, pedestrians, or bicyclists that may have been involved. If someone is injured, call for first aid immediately. Do not move an injured person. If no injuries are apparent and property damage to vehicles is minimal, move vehicles to a safe location before exchanging information. If damage is extensive or injuries are present, call the police immediately. The police will create an incident report, which can be immensely helpful if you decide to file a personal injury claim.

Exchange information with other drivers and witnesses. Although tensions may be high, it is still important to exchange information with anyone involved in the accident. Jot down or record in your smartphone the following information from other drivers:

Names
Addresses
Phone numbers
Insurance
License plate numbers
Driver’s license numbers

If witnesses were present, you should also ask for their contact information. Whatever you do, do not discuss the accident with any other parties involved. What you say can be used against you. Even something as innocent as “I’m sorry” can come back to bite you. Simply ask if everyone is ok, and then proceed with the recommended steps.

Take pictures. If you have a cell phone, you likely have a decent camera on you at all times. Detailed pictures of injuries, property damage, and the scene can make all the difference in the world when it comes to personal injury lawsuits. Take photos from multiple angles. In addition to injuries and damage, photograph any contributing factors, such as an icy patch on the road, a hidden yield sign, or construction debris. Skid marks and tire tracks should also be photographed. Don’t worry about taking too many pictures, or taking the “wrong” pictures. A Boston car accident attorney can help you determine which pictures will be useful to your case.

Call a lawyer. Following an accident, the quicker you contact a lawyer, the better your chances of success with a personal injury claim. In addition to negotiating with the insurance companies, a MA motor vehicle accident attorney can handle any disputes that may arise during the claims process. A good lawyer can shoulder the burden of dealing with insurance companies and the complicated claims process, but he or she can also ensure that you get the compensation you deserve if you were harmed due to another’s negligence.

March 15, 2017

Former MA Mayor Involved in Fatal Plane Crash

by Altman & Altman

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.

March 10, 2017

Slip and Fall Accidents – Could It Happen to You?

by Altman & Altman

Slip and fall accidents are among the most dangerous injury accidents in the United States. In fact, they account for about 15 percent of all accidental deaths, second only to motor vehicle crashes. If you are injured in a slip and fall accident in a store, a Boston injury attorney can help you determine who is liable for your injuries. Any business that openly welcomes the public onto its property has a duty to keep the property reasonably safe at all times. When injuries or property damages occur due to negligence, any number of parties may be liable – the property owner, the store owner, the property manager, or the lessee.

Examples of Injury Awards

Slip and fall accidents that occur on store properties are often the result of spilled liquids, cluttered walkways, poor lighting, or snow and ice accumulation in parking lots and on walkways. The following injury awards provide detailed examples of actual slip and fall accidents and the possible outcomes.

A woman injured her knee in a Home Depot parking lot when her shopping cart hit a manhole cover that was submerged in water. Despite Home Depot’s claim that the danger was obvious, the box store was found to be 95 percent at fault. The woman received an injury award of $950,000 from Home Depot.

In another case involving Home Depot, a man slipped and fell on an icy walkway leading into the store. The man suffered torn quadriceps as a result. Although Home Depot claimed that the area had been inspected only two hours before the incident, the home renovations giant was ordered to pay more than $159,000 to the man for his injuries.

In a third Home Depot slip and fall case, a Pennsylvania woman was awarded more than $44,000 after she slipped on an unknown substance in a Home Depot aisle. Her injuries sent her to the emergency department where she was treated for lower back pain.

A woman slipped on ice in a NY Walmart parking lot and was subsequently hit by a sheet of ice that fell from the roof above her. The accident resulted in a severe injury to her left arm. Walmart was ordered to pay the woman $600,000 for her arm injury, which required surgery to repair.

A woman injured her spine when an automatic entrance door at a Connecticut Walmart struck her in the back, knocking her to the floor. She was awarded more than $200,000 for her injuries. A MA injury attorney can help you determine if you have a legal claim following a slip and fall accident in a store.

While carrying a large package of paper towels, a 54-year old heart surgeon tripped over a trailer hitch in the parking lot of a Sam’s Club. When he fell to the ground, he suffered a severe spinal injury which subsequently ended his career. The surgeon received $3.96 million for his injuries.

When a woman slipped on liquid soap in a California Costco store, she shattered her kneecap, suffering partial loss of mobility. When evidence revealed that multiple employees had noticed the spill but failed to clean it up, the woman was awarded $400,000 for pain and suffering and medical expenses.