Articles Posted in Notable Personal Injury Cases

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An injury to the mind, body, or emotion can be detrimental to one’s health. When pursuing a personal injury claim it is essential to recover fair compensation; where you receive reparation for not only economic losses, but also for your pain and suffering. Pain and suffering is the physical and emotional pain associated with your injury- which can transform you into a different person as it takes a toll on you. 

While some damages regarding your injury are easy to quantify, others are not. Damages that can be estimated using a calculator (i.e., medical bills, lost wages) are called economic damages. However, damages that cannot be quantified are categorized as non-economic damages. Pain and Suffering falls under this category, however there are a couple of standard ways in which a value can be determined; The Multiplier Method and The “Per Diem” Method. Continue reading →

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The lawyers over at Altman & Altman, which is a Massachusetts personal injury and Massachusetts criminal defense firm, have a great blog dealing with Massachusetts workers compensation law.  Here is a link: http://www.massachusettsworkerscompensationlawyerblog.com/

My office handles workers compensation claims, and Altman's blog does a wonderful job of explaining this area of law to both lawyers and non-lawyers.

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Kudos to the Boston Injury Lawyer Blog for this post on recent developments on the tragic dog mauling death that occurred last week on actor Ving Rhames’ property.  Here is part of the post:

Police have identified the man who was mauled by dogs on the Brentwood property owned by movie star Ving Rhames as Jacob Adams. Adams lived on the property and had been employed to take care of the actor’s dogs.

Medical examiners are still trying to determine whether Adams died as a result of the numerous dog bites he sustained during the attack or from heart failure during the attack.

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This disappointing news comes courtesy of the Boston Globe:

Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago.

Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, said he doubted that his client would try to appeal the decision.

“Obviously, Mr. Weis and I are disappointed. We recognize these cases are very difficult. They involve very complicated medical facts, and the jury listens to very different views on complicated medical facts. Medical malpractice cases are very difficult.

“We will consider an appeal, but we have no intention to do so. There are no issues that came up at the trial that would appear to be the basis for an appeal.”

Mone said Weis was flying back to South Bend, Ind. this afternoon and couldn’t be reached for comment.

Weis contended in his lawsuit that Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin had acted negligently by allowing him to bleed internally for 30 hours after the procedure June 14, 2002.

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Today a Suffolk County jury awarded a man $13M for serious personal injuries he sustained after being struck by a motor vehicle.  The case name is William T. Dodge v. Arda Tezel.  With interest, the verdict comes to approximately $16M.  The plaintiff was however assessed 1% comparative negligence by the jury.  I will provide more information on this case as it becomes available. 

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Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

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Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

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The Massachusetts Appeals Court recently decided the case of O’Brien v. Leahy Landscaping.  In that case, the plaintiff, O’Brien, sustained a fractured wrist after slipping and falling due to snow and ice that had remained on the Defendant’s premises for five days following a snow storm.  As you may know from reading this blog, the only way to create liability in Massachusetts snow and ice cases is to show the accident was caused by an ‘unnatural’ accumulation of ice and snow.  Many times, this is difficult, if not impossible to show.

O’Brien’s lawyer successfully argued that the snow and ice had been converted to an ‘unnatural’ accumulation by the landowner’s failure to clear it within a reasonable period of time.  This case is significant because it expands the definition of what constitutes an ‘unnatural’ accumulation of ice and snow in Massachusetts.  That means those injured in snow and ice accidents now have an added way in which to create liability on the part of a landowner.

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I found this to be an interesting, albeit probably painful post provided by the injuryboard.com:

According to a report by KVUE News, an Austin man has filed a lawsuit against a student golfer, her coach and her university, after he was hit in the head with a golf ball. The lawsuit states that, without warning, the student athlete from St. Edward’s University hit the ball while Cortez was still on the green.

The strike knocked Cortez unconscious and caused other injuries. It claims the student golfer was negligent by not waiting until other golfers left the hole and not warning Cortez the ball was headed in his direction. The suit names the golf coach for not properly training and supervising the student and St. Edward’s University for failing to properly supervise the coach.

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The United States Supreme Court recently ruled that the U.S. Postal Service is not immune from suit by a woman who opened her door and tripped and fell over her mail that had been placed in her doorway by a postal carrier.  The U.S.P.S. argued that it was immune from lawsuits according to a federal law that bars suits against the U.S.P.S. for the "loss, misacarriage or negligent transmission of letters."  The Court disagreed in a 7-1 decision holding that since the U.S.P.S. can be sued for automobile accidents its drivers cause, they should not be insulated from liability in slip and fall cases of this kind.

I personally disagree with this decision.  The U.S.P.S. delivers millions of letters and packages each and every day in this country.   To subject the U.S.P.S. to liability stemming from accidents like the one that gave rise to this case is unreasonable.

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