Articles Posted in Personal Injury

It seems like people are more interested in doing outdoor adventure type activities these days than they have been in recent decades. One of the more popular activities that allows people to get outside, see some beautiful scenery and get some exercise at the same time is hiking.   While some people will just go for local hikes, others will travel to famous recreation areas to engage in more challenging hikes.

stump-1538702According to a recent news feature from the Las Vegas Review-Journal, a man was just killed after falling while hiking at Red Rock Canyon.  He is said to have fallen off the trail when he was more than 160 off the ground.  He was 31 years old at the time of his death.  As soon as he fell of the cliff, search and rescue workers were called to the scene, but there was nothing they could after he fell around 16 stories, but they were able to locate his body using the assistance of a police helicopter, and his body was in fact recovered.   The police do not suspect foul play was involved as of this time, but they are conducting a full investigation to see if they can determine why he fell off the elevated hiking trial. Continue reading

While many people still think of zip line riding as a dangerous activity best left for spies in the movies, it has become a fairly common sport.  These days, many state parks and other recreation centers feature zip line courses, with a single private company overseeing operations.  They are supposed to be safe so that while it appears to be quite a thrill, one should not get hurt while using a zip line.  The manner in which they are made safe is through the use of redundant safety harnesses and safety straps designed to prevent a rider from falling and being injured.

zip-line-1563291However, according to a recent news feature from ABC News, things do not always go as planned, as evidenced by the death of a 59-year-old woman using the zip line attraction at a state park in Delaware.   Authorities say the woman was standing on a zip line platform while waiting to start her decent.  She was about 35 feet high when she fell off the platform and died as result of the tremendous impact. Continue reading

For several decades, healthcare providers and patient educators have recommended putting ice on an injury as soon as possible. The acronym RICE is commonly used, as it stands for “Rest, Ice, Compression and Elevation.”  A medical doctor created RICE as a term in 1978, and everyone else just ran with it.  It is now taken as gospel.

ace-bandage-1516314However, a recent news feature from Soccer America takes a new look at RICE and whether it is actually a good practice or a faulty concept. The reason for skepticism is because the body will cause the site of trauma to swell as part of the body’s natural healing process.  This is similar to how a person who gets a fever is experiencing a higher body temperature because that is the body’s natural way of killing germs that cause illness. If you take a fever suppressant, it might make you feel better, but it might actually take the body longer to fight the virus.  However, it should be noted that if a fever is very high, medical intervention might be necessary. Continue reading

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.

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