Tag: personal injury
Necessity: Defense in Criminal and Civil Cases
Necessity as a legal defense in either criminal or civil cases presents challenges. Why? Let’s look at one actual case. Ken and his girlfriend Heather drank a few adult beverages. Heather fell and started bleeding profusely. This happened in a remote area, without cell or other phones. Ken put Heather […]
Damages – Compensatory & Punitive Damages in Products Liability Case
The Massachusetts Supreme Judicial Court has upheld a $20 million verdict awarded after a 29 year old woman died as a result of sliding down a defective swimming pool slide which collapsed, causing her to strike the concrete deck of a swimming pool fracturing two vertebrae. Toys R Us, […]
Notice Requirements in Personal Injury Cases
Notice requirements compel those injured in an accident to notify proper authorities within a certain time frame. Otherwise, they lose the ability to make a claim. Many people understand statutes of limitation. Such laws give an injured person a certain number of years after an accident to file a proper […]
Products Liability: Personal Injuries Caused by Defective Products
Products liability cases present horrifying facts: A power wrench explodes throwing metal pieces into an auto mechanics face, causing partial blindness. The transformer block on a new telephone answering device short circuits, sparking a home fire. A breast implant ruptures, leaking fluid into a woman’s body, causing cancer. These actual […]
Life Expectancy Tables In Personal Injury Cases
Life expectancy tables provide key information in evaluating some personal injury cases. The tables give a statistical perspective, a number, telling us how long any given human being can be expected to live. One of the most often overlooked elements of a personal injury case calculates long term potential damages […]
Cell Phones and Accidents: Is Legal Cell Phone Use Negligence?
Motor vehicle accidents happen more often than not due to driver inattention. Jabbering on the cell phone, texting, eating, drinking, turning to communicate with passengers, daydreaming and many other distractions reduce driver attention. Unfortunate but true, tragedies like this are not uncommon. More people are using phones every day as […]
SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery. Fault must be established on […]
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct […]
AUTO INSURANCE IN MASSACH– USETTS
Car accidents cause trauma. Those injured wonder why they suffer again when they try to figure out auto insurance. PIP Massachusetts law includes ‘no-fault’ auto insurance. This means that under the ‘PIP’ or Personal Injury Protection coverage of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are […]
WORKERS COMPENSATION: BENEFITS DEFINED BY LAW
Employees injured on the job become eligible for workers compensation benefits to help them back on their feet. The compensation system represents a state mandated insurance system spelling out certain defined benefits to employees who suffer job related injuries and illnesses. Each state has its own workers compensation laws. What […]
