Boston Personal Injury Attorney Blog

July 8, 2017

Mechanics of a Boston Personal Injury Claim

We have all heard of personal injury claims and seen commercials for personal injury law firms. But other than just hearing the term personal injury, and knowing that you are trying to get compensated by the person who caused your injury, not all that much else is often understood by the average personal injury victim.

The Initial Consult in Boston Personal Injury Cases

During the initial consultation, the attorney will hear your story about what happened to you and how you were injured. He or she will likely ask about what medical treatment you are receiving and find out as much information as possible. This is a private and confidential meeting and there should be no cost to you. If any personal injury lawyer wants to charge you for an initial consultation, this might be cause for concern. Continue reading

July 1, 2017

Premises Liability Lawsuits in Massachusetts

by Jeffrey S. Glassman

When we talk about personal injury cases, we are typically talking about someone being injured through the negligence of others. Negligence is one type of tort (a civil wrong for which the law provides a remedy), which is the most common claim in a Boston personal injury case.

If you are injured on someone else’s property, and the cause of your injury was largely the result the negligence of the property owner or manager, then you will likely have grounds to file a premises liability lawsuit. Continue reading

June 19, 2017

Boston Medical Malpractice Claims Against OB/GYNs Must Be Filed Within Statute of Limitations

by Jeffrey S. Glassman

One of the more complex types of Boston personal injury litigation is medical malpractice. It occurs any time we go to the doctor as a serious illness could be misdiagnosed leading to serious personal injury or even death. However, many medical malpractice cases result from incidents that occur in a hospital setting.

What people may not realize is that when we seek treatment at a hospital, we are in fact trusting our care to many different people – some of whom we may never see – and that there is ample opportunity for circumstances to go horribly wrong. Health care providers frequently found liable for medical malpractice are those who assist women in childbirth. In fact, one Medscape survey in 2015 noted that 85 percent of OB/GYN physicians will be sued for medical malpractice at some point in their careers.

That same survey indicated the most common reasons OB/GYNs are sued are because of:

Patient suffering abnormal injury;
Failure to diagnose;
Failure to treat;
Poor documentation of patient instruction/ education;
Improperly obtaining/ lack of informed consent;
Failure to follow safety procedures;
Medication errors.

These mistakes can occur during pregnancy, or at some point during labor or in the course of delivery. The impact of a medical mistake on the mother and child can be devastating and lifelong. However, the amount of time you have to file a claim is not infinite. The statute of limitations limits the amount of time you have to assert a claim.

June 5, 2017

Three Injured Following Ferris Wheel Accident

by Jeffrey S. Glassman

One popular activity in the summer months is going to local fairs and carnivals. While there are regular amusement parks in Massachusetts that have permanent attractions, there are also various fairs where the attractions are brought in on specially designed trucks that basically each deploy into a carnival ride.

While these can be a lot of fun, we tend to see more accidents at these types of fairs and carnivals than regular amusement parks. There a variety of reasons for this, including that the equipment is mobile. This means it is often less expensive and less well constructed and maintained than rides at a traditional amusement park. There are also a lot more issues with regulating the rides, as they may be from another state and not where the fair is being held. Continue reading

June 1, 2017

Water Park Liability Considered After Child Injury on Water Slide

by Jeffrey S. Glassman

It’s summertime, and water slides are a popular activity for adults and children alike. They offer a thrill, but they aren’t always safe. When a child injury occurs on a water slide, our attorneys will examine whether a dangerous condition existed on site about which the park or employees should have known (premises liability) or whether there was some defect in the slide or its components about which the manufacturer or distributor should have been aware (product liability).

A recent child injury in California involved a new water slide at a water park in California. The ride is called “The Wave” and features a half pipe on an 80-degree decline with a three-story drop. Once the water slide reaches the base, the tube sits on a concrete slab.

When the 10-year-old rider, who met the minimum height requirement for the ride, reached the bottom of the ride, instead of sliding along to the tube to the pool at the end, he was launched out of the tube and slammed into the concrete base pad. Continue reading

May 28, 2017

NHL Star Sidney Crosby Suffers Head Injury Scare

by Jeffrey S. Glassman

Head injuries – and traumatic brain injuries in particular – account for 30 percent of all injury deaths in the U.S., according to the U.S. Centers for Disease Control and Prevention. Every day, more than 150 people die from TBIs. Although such injuries can happen to anyone, those in physically laborious professions tend to have higher rates.

It seems like every year, the Washington Capitals and the Pittsburgh Penguins find themselves locked in a fierce battle to get to the eastern conference finals of the National Hockey League. This rivalry includes two of the greatest hockey players to ever play the game – Alex Ovechkin for the Washington Capitals and Sidney Crosby for the Penguins. Many consider Ovechkin to be the greatest offensive player in the game and Crosby is considered by many to be the best all-around hockey player.

Despite all of his success, including winning the Stanley Cup, Crosby has had a long history of concussions and has also had a history of taking a long time to recover from them. He has missed a significant amount of playing time due to concussion symptoms. There is serious concern that he may have quality of life issues for the rest of his life following his eventual retirement from the NHL. Continue reading

May 24, 2017

Corporal Punishment and Child Injuries in Mass Schools

by Jeffrey S. Glassman

In Massachusetts, corporal punishment is illegal. This means that a teacher, coach or anyone else at your child’s school cannot use spanking, paddling or any other type of physical force as a means of discipline.

This has not always been the case and is still not the rule in some other states. We have recently seen a rash of articles about bills being proposed in other states to ban corporal punishment in schools as the legislature in Massachusetts has already done. Continue reading

May 20, 2017

Injuries at Amusement Parks a Risk During the Summer Months

by Jeffrey S. Glassman

Last summer was a particularly dangerous one for amusement park attendees. USA Today reported on numerous incidents which occurred at amusement parks which resulted in serious and even fatal injuries. With summer a prime time for visits to amusement parks, it is important for those who will be heading out to hit the rides to understand the risk they face while at the park.

When an accident at an amusement park does occur and injury or death results, victims need to understand what options they have for holding the amusement park owners and operators accountable for their losses.

A Boston personal injury lawyer can provide assistance in determining if a case can be made against the amusement park so the victim or his family can obtain monetary damages. Victims should be made whole, which means compensated for both economic and non-financial loss such as loss wages, costs of medical bills and the pain endured as a result of the amusement park accident.

May 17, 2017

What Happens if a Tourist Gets Hurt During a High-Risk Activity

by Jeffrey S. Glassman

Summer is a prime time for vacations, and many adventurous travelers like to take trips to hike, rock climb, go boating or diving, water ski, parasail or take part in other fun but risky activities. If you are heading off for a summer trip and you will be doing something more high risk than just sitting in a lounge chair by the beach for your whole vacation, it is important to understand what your rights are when participating in high-risk recreation.

A Boston injury lawyer can provide insight into what responsibility the operators of tourist activities have if you engage in high risk behavior. In most cases, you can file a lawsuit against the operator of various types of recreational activities even if the operator has had you sign a liability waiver and even if the activity you’re engaging in tends to be an inherently high risk one.

What Happens if Tourists Get Hurt Doing Something Dangerous

May 15, 2017

College Rugby Player Paralyzed During Championship

by Jeffrey S. Glassman

While you or you child can get injured during most sports, some are more dangerous than others. When we think of head injuries, football is often at the top at list. This is to the point where many parents, even former athletes, will not let their kids play the game at a competitive level. While football may be first, lacrosse and ice hockey are not far behind. Rugby is often considered the most dangerous, but until recently it was not that popular in the U.S., so we don’t hear about it often, but that is starting to change.

According to a recent news story from The Mercury News, a college athlete was left paralyzed following a championship win for his team. The 20-year-old athlete is now paralyzed from his chest down. He already had one major surgery, but he now only has limited movement of his arms and nothing below that. His family said they know it will be a long road ahead for this young victim, but they hope and pray he will regain his mobility. He was able to sit up in a chair while in the hospital a day after the surgery, and this is a very encouraging sign. Continue reading