Boston Injury Lawyer Blog

August 31, 2015

What Kind of Damages Can Be Recovered in a MA Wrongful Death Case?

The decision to file a lawsuit for wrongful death is typically made in the wake of tragedy. Negligence leading to wrongful death can occur in the form of medical malpractice, defective products, catastrophic vehicle accidents, and work-related accidents, to name a few. The categories of losses to be paid by the defendant – known as damages – vary from state to state. Survivors representing the victim’s estate may receive compensation for three different categories of losses – economic damages, non-economic damages, and punitive damages.

Economic Damages

Any financial losses suffered from the event of the victim’s death are considered economic damages. Medical expenses incurred by the victim’s family can range from one-time emergency room costs to long-term nursing care and pharmaceutical costs prior to the victim’s death. Reimbursement for funeral expenses may also be included. A lesser-known kind of economic damage exists in the form of lost income and may include:

Loss of benefits (medical coverage, pension plans)
Loss of expected earnings
Loss of inheritance
Loss of the value of goods and services that would have been provided had the victim not died

Non-Economic Damages

Sometimes referred to as “pain and suffering” damages, these are the more intangible losses suffered by a wrongful death victim’s family members. Although these factors are more difficult to place a value on, they are often more devastating than economic damages.

Compensation for mental anguish (pain and suffering)
Loss of the victim’s care, protection, guidance, and nurturing
Loss of the victim’s love and companionship
Loss of consortium from the deceased partner

Recently ignited debate within the legal community focuses on each state’s choice to place caps on non-economic damages. Because this type of compensation is “higher-priced” yet less concrete than financial-based damages, lawmakers are calling for a re-evaluation of the constitutionality of these cap statutes. Today, 38 states uphold caps at varying levels. Massachusetts’ non-economic damages cap is $500,000, unless a jury specifically pronounces that amount to be unfairly low in relation to losses suffered by the victim’s representative. Continue reading

August 31, 2015

Understanding Spinal Cord Injuries

by Altman & Altman

Every year, an estimated 11,000 spinal cord injuries occur in the United States. Motor vehicle accidents, falls, sports, and an array of medical issues are commonly to blame and can result in catastrophic injuries and death. Damage to the nerves and tissues along the vertebrae often cause debilitating pain and typically require a long recovery period. Additionally, the psychological and physical adjustments required after a spinal cord injury can be overwhelming for the entire family, sometimes resulting in depression and anxiety.

Spinal cord injuries occur when either the nerves attached to the spinal column or the bones and soft tissues enmeshed in the spinal cord are damaged. These nerves are vital in transporting messages from the brain to the rest of the body, controlling everything from movement to digestion to breath. This impairment can include numbness, loss of feeling, or complete paralysis.

What Are the Two Types of Spinal Cord Injuries?

The nervous system is extremely complex. Spinal cord injuries can have very different effects on the body, depending on the severity and location of the injury. The two categories of spinal cord injury are:

Complete Injury – This is when physical trauma to the spinal cord results in absolute loss of function or sensation below the site of the injury.
Incomplete Injury – This occurs when the victim is left with some sensation or motor function.

The site of trauma typically determines the extent of nerve damage. Full paralysis, or quadriplegia, is often the result of trauma to the neck area, preventing nerves from carrying the brain’s impulses beyond the damaged part of the spine. Paraplegia – partial paralysis of the lower half of the body – usually occurs when the lower vertebrae are damaged. Continue reading

August 24, 2015

How to Pursue an Employment Discrimination Claim in Massachusetts

by Altman & Altman

Employment discrimination occurs when an employee is treated unfairly based on factors unrelated to job performance. It is illegal to use an individual’s race, gender, age, religion, disability, or sexual orientation against him or her with regard to hiring, firing, workers’ compensation, and eligibility for disability. These laws are federally regulated by the Equal Employment Opportunity Commission (EEOC). In Massachusetts, the Commission Against Discrimination (MCAD) enforces these laws. Any assumption made by an employer based on generalizations or stereotypes violates a variety of equal opportunity acts and is cause for a potential discrimination claim.

Harassment

The EEOC defines harassment as any form of uncomfortable and unwelcome behavior based on race, color, religion, gender, age (40 or older), nationality, disability, or genetics. The basis of a harassment charge stems from two elements:

The plaintiff must tolerate the offensive behavior as a condition of employment.
The severity of the offensive behavior creates a hostile work environment.

In addition, it is unlawful to use harassment against any employee to keep him or her from testifying or disclosing any necessary information in a legal proceeding.

Harassment claims can be filed against a supervisor, agent of the employer, coworker, or non-employee. The person being harassed may not necessarily be the plaintiff. Any employee exposed to consistent offensive behavior may file. Continue reading

August 24, 2015

Gas Explosion in Braintree Home Injures One – Investigators Looking For Answers

by Altman & Altman

A gas explosion inside of a New Braintree home has left one man seriously injured and investigators looking for more answers. At approximately 1:10 PM Wednesday afternoon, a fire occurred when a contractor was installing a propane-fueled furnace at a New Braintree residence, according to reports provided by a spokeswoman for the state fire marshal by the name of Jennifer Mieth.

Law enforcement officials responding to the scene have stated the preliminary investigation into the matter has provided them with a probable cause for the explosion. Based on the initial findings, investigators believe the fire was started when leaking propane became ignited by the hot water heater pilot. It was at this time that the explosion occurred, seriously injuring the contractor who had been tending to the furnace at the time. The man, who has yet to be identified by police officials, was airlifted by a medical hospital to a Boston-area hospital to receive treatment for his wounds. The nature and severity of his injuries was not made immediately available. Fire marshal spokeswoman Jennifer Mieth also stated that there was no one else inside the home located on 791 Wine Road in New Braintree at the time of the explosion and that with the unfortunate exception of the contractor, no one else had been injured at the time of the accident. Continue reading

August 19, 2015

Furniture Manufacturer IKEA Issues Recall on Children’s Nightlights

by Altman & Altman

The popular furniture manufacturer IKEA is issuing its second product recall in recent months. This time they are recalling approximately 359,000 children’s nightlights after reports have indicated that the lights may be defective and could cause possible electric shock to children. The PATRULL nightlights have only received one recorded complaint thus far—but IKEA felt that one complaint was one too many and issued the recall as a safety precaution. The recall of these PATRULL nightlights comes shortly after IKEA had to recall their MALM chests and drawers after they received multiple troubling reports of the items tipping over and seriously injuring children that had become trapped underneath the furniture.

According to a press release provided by the company, IKEA has stated that they received an alarming complaint from a customer in Austria that led them to make the executive decision to issue a total recall across the United States for the same faulty product. The report from Austria detailed an incident in which a young child attempted to remove the nightlight from their wall and by doing so they dislodged the plastic cover of the light. When the plastic cover became dislodged, the child suffered a shock from the exposed wires beneath the cover. Reportedly the child suffered minor wounds to their hand during the accident. Continue reading

August 18, 2015

“Boozing and Boating” is the Leading Cause of Boating Accidents in Massachusetts

by Altman & Altman

With August in full swing, many recreational boaters are taking as much advantage of the remaining boating season as possible. The final weeks of summer recreation have increased potential for unfortunate accidents involving drinking and boating. The US Coast Guard’s Office of Auxiliary and Boating Safety reports alcohol use as the leading factor in boating fatalities in Massachusetts, despite persistent warnings from safety officials. Many boaters tend to dismiss the effects of sun, wind, heat, and motion in combination with even a minimum amount of alcohol consumption. The cultural perception of drinking while boating coincides with the concept of leisure, relaxation, and celebration. However, drinking and boating has been perceived by many law enforcement officials as more dangerous than drinking and driving.

Penalties for Boating Under the Influence

Massachusetts has some of the strictest penalties for boating under the influence (BUI) in the United States. Repercussions from “boozing and boating” are the same as those for receiving a DUI (driving under the influence). These penalties apply to the influence of other substances as well, including narcotics, stimulants, depressants, marijuana, or any combination of these. As with motor vehicles, the legal blood alcohol content (BAC) limit for operating a vessel is 0.08.

Legal consequences are dependent on factors like the defendant’s legal history and damages and injuries incurred due to the accident:

First time offense – If charged, the defendant may receive a maximum of one and a half years of prison time, or a maximum $1,000 fine, or both. Both motor vehicle and vessel licenses may be revoked for up to a year.
Second offense within six years – While the maximum fine remains at $1,000, maximum prison time increases to two and a half years.
Penalties increase with consecutive offenses and increased severity of injuries to others.

August 18, 2015

Lawsuit Filed Against Yale Fraternity For 2011 Fatal Car Accident Outside Yale Bowl

by Altman & Altman

A fraternity at the esteemed Yale University is facing charges after a car accident in 2011 left one woman dead and seriously injured two others. The lawsuit against the Sigma Phi Epsilon fraternity was filed in 2013 by the families of the victims. After years of waiting, the case is finally heading to trial.

According to reports, members of the Sigma Phi Epsilon were heading to a tailgating event for a Yale vs. Harvard football game that was taking place on November 19^th, 2011. Members of the fraternity were driving to the event in a U-Haul truck that contained kegs when the driver of the vehicle, Brendon Ross, lost control of the truck. It was not made immediately clear what caused Ross to lose control at this time. Police responding to the scene have stated that Ross accelerated into a crowd of pedestrians in the area shortly before the U-Haul struck another truck nearby. The pedestrians had been gathered in an area typically used for tailgating outside of the Yale Bowl. At some point during the accident, Ross struck and killed Nancy Barry of Salem, Massachusetts. He also seriously injured two other women, one of whom was a student at Yale at the time by the name of Sarah Short. The two victims were treated for their injuries.

The families of Nancy Barry and Sarah Short want to hold the fraternity responsible for the actions of Brendon Ross. Brendon Ross entered a probation program following the accident which therefore absolved him of criminal charges. The families of Barry and Short wanted to sue Ross, Yale University, the national chapter for Sigma Phi Epsilon, and the U-Haul company for damages. The lawsuits for these are still currently pending. The lawsuit against Sigma Phi Epsilon includes charges against not only Brendon Ross, but all 86 members of the fraternity. Some of the 86 members included in the lawsuit were former members and some are still currently members of Sigma Phi Epsilon.

August 18, 2015

Minor Accidents Can Cause Chronic Injuries

by Altman & Altman

Many people assume that minor injuries from simple fender benders and other minor car accidents are temporary. The misconception that cuts, scrapes, bruises, or pulled muscles will heal fairly quickly keeps people from pursuing preventative legal measures, such as seeking medical attention and documenting symptoms. However, certain types of muscle and joint injuries may not present any symptoms for weeks, months, or even years. One of the most common of these types of injuries is whiplash, which can occur at speeds as low as five miles per hour. Chronic headaches and arthritis can develop over time with cases of whiplash. Understanding the potential for minor injuries to cause serious, long-term health problems is essential if you’ve been injured in any type of accident.

Whiplash

In the mildest of collisions or sudden stops, a passenger’s body can be jolted forward and backward abruptly. The muscles, ligaments, discs, and tissues of the neck become hyperextended, first in one direction then sharply in the other. This can result in misalignment of vertebrae, muscle tears and strains. Subsequent swelling places pressure on nerves, causing potentially chronic symptoms including:

Neck pain and stiffness
Headaches
Shoulder pain
Back pain
Concentration issues
Memory loss or difficulty
Fatigue
Trouble sleeping
Irritability

Whiplash is most often diagnosed using CT scans or magnetic resonance imaging (MRI). Treatment may include a combination of pain relief medications, physical therapy, traction, massage, ice therapy, and injections. Continue reading

August 13, 2015

Pedestrian in Mansfield Struck and Killed by Amtrak Train

by Altman & Altman

A pedestrian was struck and killed by an Amtrak train in Mansfield, Massachusetts early this morning, Thursday August 13^th. In one news report, it was said that personnel from the MBTA Transit Police had reported a man trespassing in the area around Track 2 shortly before they received reports of an individual being struck and killed by a train. The identity of the individual that was unfortunately killed has not been disclosed at this time, as family notification is still pending. Responding officers have indicated that the victim is a man, which attests to earlier reports of a man seen trespassing along the tracks.

According to preliminary reports being released, MBTA police contacted the Mansfield Public Safety Dispatch at approximately 10:50 AM to report that a pedestrian had been struck by a train. The Amtrak train was traveling south at the time, and the accident occurred just south of the MBTA train station that is located near George Street in Mansfield on Route 128. After striking the victim, the train stopped on the tracks while they waited for emergency officials to respond to the scene.

According to a spokeswoman for Amtrak, Vernae Graham, the train was traveling a route from Boston to Washington D.C. at the time of the accident. She also stated that there were roughly 189 passengers on the Amtrak train at the time and that no injuries were reported for any of the passengers following the crash. Continue reading

August 13, 2015

The Dangers of Worn and Poorly Maintained Tires

by Altman & Altman

The National Highway Traffic Safety Administration (NHTSA) reports that nine percent of passenger vehicles are driven with at least one bald tire. The dangers of worn and under-inflated tires are often overlooked by car and commercial vehicle owners, increasing the risk of accidents for everyone on the road. Even at the middle point of a tire’s lifespan, tread loses a significant amount of grip. This is especially dangerous when poor road conditions and bad weather are involved, contributing to braking and steering difficulty that may result in collisions. Drivers with poorly maintained, unsafe tires may be held liable in a vehicle crash.

Standards

A tire’s grooves help them grip the road. The tread on new tires is approximately 10/32 of an inch deep. Manufacturers create a series of molded horizontal bars at the base of these grooves so that regular maintenance checks can determine how far the tread has worn down. Professionals in the auto industry typically consider tires to be bald when the grooves reach 2/32 of an inch. At this point, a tire will fail safety inspections. However, the tire’s ability to grip the road can become dangerously low before it hits the 2/32 mark. This increases the risk of an accident, particularly in conditions of icy, snowy, or wet roads. In addition to tread depth, the Rubber Manufacturers Association states that determining the expiration of a tire is difficult, as factors including heat and storage affect the aging of the rubber.

Heat Build-Up

When exposed to heat, air has difficulty circulating through the rubber, causing the tire’s pressure to increase. The summertime temperature of pavement and the heat created by friction from high speeds, excessive cornering, and frequent braking can increase the risk for hazardous tire blowouts. Under-inflation and age add to this risk. Even with the best maintenance and driving practices, worn tire treads are extremely dangerous. Sunlight and coastal climates also tend to age tires quickly. Continue reading