Articles Posted in Personal Injury

In the last several weeks, there have been numerous reports of severe and even fatal amusement park accidents involving roller coaster riders. Of course, people have been trying to squeeze in their last-minute summer kicks, but they should be able to do so confident in the safety of the rides they board.

rollercoaster-1567480According to a recent news feature from People, this latest incident involved a 3-year-old boy who was riding on an attraction at Idlewild and SplashZone amusement park in Ligonier, Pennsylvania.  Authorities say the boy is still in critical condition at a local level-one pediatric trauma hospital and has undergone at least one major surgical procedure and may need additional surgery. Continue reading

A recent news feature form Care2.com looks at three types of burn injuries we tend to see more often during the summer months than we do in other months, and it is is important to understand that all three of these types of burn injuries are preventable if the adequate level of care is taken.

fuego-1178889-300x225As one might expect, we tend to see a lot more fireworks injuries during summer months than we do the rest of year.  While fireworks are also used during New Year’s Eve celebrations and other festivities throughout the year, during non-summer months it is often professionals that are providing the fireworks displays.  This is not to say that even professional shows can’t result in serious personal injury or death, but the chances are much greater that there will be a preventable accident when amateurs are the ones lighting off the fireworks displays. Continue reading

According to a recent news release from CNN, a hot air balloon crashed in Texas and cost the lives of 16 people.  The deadly balloon crash occurred around 30 miles from Austin, Texas, according to authorities.

hot-air-balloon-1-1518704While the cause of the accident is still under investigation, witnesses and investigation authorities believe the balloon crashed into power lines causing it to burst into flames before hitting the ground. The company that owned the balloon involved in the deadly accident regularly offers customers hot air balloon rides.  The balloon can go to numerous destinations in the area and, according to their website, charges customers around $400 each for a ride on the balloon. Continue reading

In Morrison v. St. Luke’s RMC, plaintiff was taken to defendant’s emergency department the day after Christmas in 2011.  He was there after complaining of chest pain.  The doctor who examined plaintiff conducted a thorough physical examination after taking the patient’s relevant medical history.

nursesAfter completing his examination, treating doctor made a determination that plaintiff was not suffering from a heart attack and was stable enough to be discharged from the hospital.  The doctor did tell him that he should see a cardiologist the following morning for a follow up consultation.  He also gave plaintiff the contact information for a cardiologist that he should see if he did not have one already. Continue reading

With what seems like never ending stream of excessively hot days this summer, there is no question that a lot of people will be hitting the water after work and on the weekends. For some this will be rowing or sailing on the Charles River.  For others it will be taking a boat out on the Bay or on the North or South Shores in the Greater Boston area.  While hitting the water can be a lot of fun, it can also result in significant personal injury or death, and extra care must be to take to avoid a serious tragedy.

sunset-winter-scene-1250442-mAccording to a recent news feature from Action News, an 8-year-old girl was seriously injured in a boating accident that occurred while she and her father were tubing.  For those that are unaware, tubing involves pulling an inner tube behind a fast moving boat with one or more riders in the tube depending on the size of the tube.   Basically, it is like water skiing without a requirement to know how to balance or water ski. All that a rider has to do is hold on and have fun.  However, this activity can also result in serious personal injury. Continue reading

These days, when it is harder to smoke in public places, and due to all of the health problems associated with smoking in general, many are turning to e-cigarettes as an alternative.  Smoking e-cigarettes, or vaping as it often called, involves loading an electronic cigarette with a nicotine and flavor cartridge or filling it with liquid nicotine and then smoking it as normal cigarette without the need to light it.

fuego-1178889-300x225A small battery inside the device will activate a system designed to vaporize the liquid, so the user can inhale it. The user will inhale and exhale the vapor, and it is claimed that provide the desired effects of nicotine without the dangers of smoking.  In reality, there has not been much testing on the practice of vaping, and there is no long-term usage data, so scientists do not know if these claims are true. Continue reading

Punitive damages in a personal injury lawsuit in Boston are those that exceed merely simply compensation and are awarded with the intent to punish the defendant. Such damages often far exceed one’s actual losses and are intended to punish egregious or malicious action and to encourage reform or prevent the defendant – or others – from repeating their actions. wheelchair5

There have been cases in which courts have handed down eye-popping punitive damage awards, but that is usually only with the most serious of cases that involve catastrophic injury and death. The Massachusetts Legislature understands that there is unequal bargaining power between an individual claimant and, say, an international insurance company or a huge corporation. That’s why they have found that in some cases, monetary sanctions are the only to way to sway unlawful and unethical behavior.

Most of the time, these verdicts are affirmed. However in some cases, punitive damages may be deemed constitutionally excessive because they violate due process. Since 1989, the U.S. Supreme Court has decided at least nine cases that involve the question of constitutional punitive damages limitations, with seven of those using the theory of due process violations.

The high court’s precedent on this issue holds that a punitive damage award has to be set aside if the state court:

  • Finds the award grossly excessive;
  • Fails to provide defendant with a reasonable procedure to protect form grossly excessive awards.

Continue reading

According to a recent news feature from ABC 6 RTV, a 19-year-old man was at the YMCA pool when he suffered a tragic and untimely drowning death.  His family has subsequently hired a personal injury lawyer and has filed a lawsuit alleging wrongful death, among other counts.

swimming-1403832Authorities say the accident occurred just a few days before Memorial Day and the start of this year’s swim season.  There was a lifeguard on duty, though according to family of the victim, this lifeguard was ultimately part of the problem. The family is arguing that, if the lifeguard was properly trained and capable of doing his job effectively, their son would still be alive. Continue reading

There is no question that soccer is becoming more popular with both kids and adults throughout the U.S.  However, you may have noticed that a game known as “bubble soccer” is also starting to gain traction.

soccer-net-1504723Like the inflatable sumo wrestling that reached its peak of popularity several years ago, bubble soccer also involves the participants getting inside and over-sized inflatable suit.  Instead of looking like a sumo wrestler, the players are in large plastic bubbles with only their legs sticking out so they can run around.  These soccer bubbles are designed so the participant’s breathing is not restricted, and the game looks like a lot of fun.  It is especially popular at carnivals and parties. Continue reading

Skiing and snowboarding can be a lot of fun.  There are a lot of people who take to the slopes in Massachusetts and throughout New England each year.  However, while there are good times to be had, these winter sports can result in serious injury or death.

457973__1According to a recent news feature from CBS News, one snowboarder who was involved in a serious accident has decided to help brain injury victims cope with the many changes they will be facing as result of suffering a traumatic brain injury. Continue reading

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