Articles Posted in General Injury Information

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Similar to buying a car, or even renting an apartment – there are many things to consider when hiring an attorney. Just as important it is to hire the right lawyer, it is equally important to avoid hiring the wrong one. Here’s some things to look out for as you search for the right lawyer to handle your case

To begin with, does the lawyer have a history of receiving ethical complaints? If so, maybe it’s time to look for another lawyer. There’s an abundance of lawyers that do not have any disciplinary charges filed against them. Always, always check out www.massbbo.org to search for an attorney that you were interested in hiring. If he or she has a spotty disciplinary history, that may be a red flag. 

Secondly, is the attorney promising you a quick settlement? That too may be a red flag to look out for, there is no question that personal injury and workers’ compensation cases can take a considerable time to settle. Sometimes the process can take many months and sometimes even many years to settle a case. Any lawyer who tells you differently, is not being upfront and honest with you. 

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Una lesión en el cuerpo, efectos negativos mentales o emocionales por causa de un acidente puede ser perjudicial para la salud. Al presentar una demanda por lesiones personales, es esencial obtener una compensación justa; recibir reparación no solo por las pérdidas económicas, sino también por su dolor y sufrimiento. El dolor y el sufrimiento es el dolor físico y emocional asociado con su lesión, que puede ser transmitido de persona a persona ya que le afecta a todos asociados.

Sí algunos daños relacionados con su lesión son fáciles de cuantificar, otros no lo son. Los daños que se pueden estimar con una calculadora, es decir como ejemplo, facturas médicas o salarios perdidos, se denominan como daños económicos. Sin embargo, los daños que no se pueden cuantificar se clasifican como daños no económicos tal como los emocionales y físicos. El dolor y el sufrimiento entran en esta categoría, sin embargo, hay un par de formas en las que se puede determinar un valor; El método del multiplicador y el método “Per Diem”.

El método del multiplicador es una ecuación que se utiliza con frecuencia, especialmente por las compañías de seguros para calcular las lesiones dolorosas y el sufrimiento. A través de esta ecuación, se suma todos los daños y se multiplica ese número entre 0.5-5. Sin embargo, en algunos reclamos, si los factores son abrumadores para el demandante lesionado, el multiplicador puede aumentarse a seis, siete o incluso diez. Los factores que pueden justificar con un multiplicador alto incluyen una recuperación prolongada (seis meses o más), el médico indica que sus lesiones serán recurrentes o degenerativas, o sufrirá alguna consecuencia permanente (por ejemplo, inmovilidad). Con consideración, este no es el único enfoque para cuantificar su reclamo de valor.

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The city of Boston offers a wide variety of transportation ranging from traveling by car to foot; however, biking is an especially popular mode of transportation. If you are a new or seasoned cyclist you might want to consider our bike safety tips in order to prevent you from having a serious bike accident.

One of the most important steps to prevent a serious bike injury is to wear a helmet. Research proves the efficacy of bike helmets as they can reduce head injuries by as much as 50% and head, neck, and face injuries by more than 30%. In order to maximize helmet protection, bike helmets should be replaced every 3-5 years and fit appropriately. Click here in order to access a PDF by the National Highway Traffic Safety Administration which provides instructions on how to fit your bike helmet. When looking for a bike helmet, it is recommended to purchase a new model like a MIPS (Multi-Impact Protection System) because it protects cyclists far better than older models. Brands like Schwinn or Specialized offer protective gear at an affordable price.

Biking at night can result in serious injuries if you are not using the proper gear. Bike lights are an absolute necessity when biking at night because it allows you to be visible to other commuters thereby preventing serious accidents to you and others. Other gear that helps you become more visible includes reflective vests and gloves. 

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Personal injury claim mistakes to avoid
If you are considering taking legal action as a result of suffering a physical injury from someone’s negligence, you might want to consider keeping a victim diary. This diary helps you keep track of your injury by providing important documentation of its complications when pursuing a legal claim.

A victim diary is written documentation of your injury that keeps track of the following items: the date of your entry, pain description, medication taken, medical visit, and bills paid as a result of your injury. Keeping track of the date of your entry allows you to create a timeline for your injury and any ailments you have suffered as a consequence of your injury. It is important to describe the pain you feel from your injury. You may describe your pain on a scale of 1-10 as this provides clear communication of the depth of your pain. You may also describe pain by including how it limits your daily life, for instance, you might not be able to bend down. You may also want to record any medication that was taken and visits to the doctor’s office as a result of your injury. This also creates a clear storyline of how this injury has affected your day-to-day life as you may have had to take time off from work to do so. And most importantly, you might want to consider writing down any bills paid from your injury. These bills may include medical visits or medication taken in order for you to recuperate from your injury. It is important to record these items as this list provides a comprehensive understanding of your injury and what action may be taken for your injury.

Although keeping a victim diary might sound easy enough, it is also important to be consistent in your entries. Consistency allows for you to create a clear narrative of your injury which helps you in your legal claim. It is recommended that you add entries to your diary every day or a few times a week as you recover from your injury. It is also important to be honest when writing your victim diary. Accuracy prevents misinformation and a misunderstanding of your injury. You may also want to keep your diary in a journal or download our FREE PDF of our victim diary.

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What Is Negligence?

Negligence in Massachusetts, and in all states, means failing to act reasonably in a situation and causing injury to a person(s) as a direct result.  As a Boston accident lawyer, negligence is the lynchpin of each case my office handles. Whether it be a Massachusetts car accident, slip and fall, or any other type of personal injury case, the injury victim must prove the following elements in order to win a negligence case against a defendant:

1) The defendant owed the plaintiff a duty of care.  This means that the one who caused the injuries had a legal duty to act in a reasonable manner toward the victim.  An example of a duty of care is that we all have a duty while driving not to drive into the rear of the car in front of us.

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What To Do Following A Slip And Fall Accident

Unfortunately, slip and fall accidents happen much too frequently.  Doing the right things after a slip and fall or trip and fall are very important in order to protect your legal rights.  Should you have the misfortune of being involved in such an accident, keep the following in mind after a slip and fall accident:

1) If possible, photograph the scene of the accident (or have someone else do it as soon as possible if you are unable to do it yourself);

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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Attorney Richard Console of the New Jersey based personal injury firm Console Hollawell, PC was kind enough to provide the following guest post regarding concussions and their impact on the brain.  If you have not done so already, please check out their site.  Here is the guest post from Attorney Console:

Concussions are the most common type of traumatic brain injury (TBI) that people sustain. No big deal right? Wrong. In recent years the seriousness of concussions has been emphasized more as the medical community has uncovered more information. The long-term effects of concussions as well as the effects of sustaining multiple concussions have been seen much more in recent years especially with professional athletes.

Accident victims often times are willing to write off injuries as being minor without knowing the full extent of the impact on their life. An injury like those suffered in an accident can dramatically affect the way in which you live your life. Also, if that accident was caused by someone else’s carelessness, you may be entitled to compensation. Speak with skilled personal injury attorneys in Trenton to find out your legal rights and options with regards to the specifics surrounding your accident.

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Injured As A Tourist In Boston?

According to USA Today roughly 19 million visitors pass through Boston each year. It is no surprise given all that Boston has to offer. With such a huge number of visitors, it is no wonder that many are injured. Many visitors are injured in car accidents, slip and falls, and other types of accident cases. Visitors are sometimes more prone to accidents given their lack of familiarity with Boston. However, the fact that you do not live in Massachusetts does not mean you cannot hire a Massachusetts lawyer to represent you.

My office has represented out-of-state clients injured in motor vehicle accidents, hotels, stores, trains, on escalators, etc. If you or someone you know has been injured while a visitor in Boston, feel free to call my office. We would be happy to provide a no-obligation phone consultation.

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