Articles Tagged with Boston personal injury

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Service of process is a legal procedure whereby a party to a lawsuit provides proper notice of a legal action involving another party (usually the defendant). One gives notice of a Boston personal injury lawsuit by delivering a set of court documents to the person who is being served.Boston Medical Malpractice

If a settlement can’t be reached with defendants, the case will be filed in the Suffolk Superior Court in in Boston’s Government Center area. The court will then issue a service packet, complete with a signed and stamped summons. Multiple copies will be provided if there are numerous defendants. Each defendant must then be served with the packet, including copies of the summons and complaint. If a defendant is not properly served within 90 days, per state rules, the defendant can move to dismiss for lack of service.

Take for example the 2012 ruling by the U.S. Court of Appeals for the 1st Circuit, wherein the appeals court affirmed the dismissal of a Massachusetts medical malpractice/ wrongful death claim, which came a full year after the complaint was originally filed against defendant physicians. Although plaintiff had sought two 90-day extensions one top of the original, (complications arose, as one defendant was out of the country), the court found the delay was inexcusable. The case was pending in Essex County Superior Court, while service was governed by Massachusetts Rule of Civil Procedure 4(j), requiring that such process be completed in 90 days. Justices ruled that while federal rules offer no specific time limit on service of process outside the U.S., case law has established reportedly that the amount of time for foreign service is not unlimited.

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The term “accident” gets thrown around a lot when describing injuries no one intentionally set out to cause. However, the reality is most personal injury cases are the direct result of a failure by someone else to use reasonable care when they had a duty to do so. This is referred to as “negligence,” and it’s grounds to obtain compensation if you’re injured.

Negligence however, is not the only tort.  A “tort” is the legal term for anything a defendant does to a plaintiff that results in some loss or damages for which plaintiff can seek “remedy” from defendant “tortfeasor,” or person who committed the tort.  In addition to negligence and negligence-based torts, there is also an entirely different type of tortious conduct known as intentional torts.

Boston Personal Injury Because we know that negligence essentially involves acting in an unreasonably careless manner so as to harm a plaintiff, intentional torts do not involve carelessness, but rather conduct characterized as intentional harm to plaintiff. So if you’re injured in a robbery or some other type of assault, you can sue your attacker for that too. (You can also, in some cases, sue the property owner where the crime occurred for negligent security, though that will be a negligence-based tort.)

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There are many fun and exciting things to do in Boston throughout the year, but in some cases, engaging in these activities could result in serious personal injury. As we head into the fall, there will be people doing all kinds of outdoor activities, such as going to apple orchards, taking hayrides at local pumpkin patch and attending sporting events.  However, even these seemingly safe activities could result in serious personal injury if there is any negligence on behalf of the event organizers or property owners.

Boston personal injuryAccording to a recent news article from ESPN News, a young girl was seriously injured at Yankee Stadium when she was hit in face with a foul ball off the bat of Todd Frazier.  The young girl was sitting in the lower level seating area when the ball hit her in the face.  Using this season’s new technology that measures the hit speed of every batted ball, they were able to determine that the baseball was traveling at 105 miles-per-hour when it came off the bat.  Continue reading

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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.

Boston Personal Injury 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

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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.

Boston personal injury 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

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According to a recent report from Fox News, a man driving his pickup truck on Interstate 80 and was towing a large BBQ trailer when he crashed.  Authorities alleged that the barbeque trailer managed to become disconnected from the black pickup truck and resulted in a major car accident involving four other vehicles.

BBQWitnesses have said that when the trailer became unhooked, a woman driving a car directly behind it attempted to swerve out of the way to avoid slamming into the trailer.  Unfortunately, the three motorcycle riders that were directly following her vehicle did not have time to react and they all crashed into barbeque trailer at a high rate of speed, as this was a major interstate. Continue reading

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In 2017, doctors and scientists know a lot more about traumatic brain injury (TBI) and other head injuries than they have every known before.  One major reason is that many of brave servicemen and women suffered traumatic brain injuries as part as of their efforts in fighting the global war on terror, as did many civilian contractors and third party nationals who were part of the effort.  Additionally, professional sports organizations, particularly the National Football League (NFL), have been paying special attention to TBI prevention.

pillsHowever, while we definitely have a much broader base of knowledge of about traumatic brain injuries, there is defiantly a lot more to learn about how the human brain works and what is the best way to treat a traumatic brain injury. According to a recent news article from Tech Times, researchers are hard at work to develop medications to treat a TBI.  The reason for this is because, while there are surgical options, they are very invasive and many have left the patients with lasting brain damage. Continue reading

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According to a recent news article from The Boston Globe, the family of a woman who died in a nursing home in Middlesex County has filed a lawsuit against nursing home and its parent company.  The family has alleged staff members dropped the victim and during the fall, she broke both of her legs and started to bleed internally.  Two days after the accident, she was dead. This occurred in 2015.

wheelchair5-300x214The firm that is the parent company to this nursing home is based in New Jersey, but it owns 10 nursing homes in Boston and the rest of Massachusetts. Allegedly, this nursing home operation company has faced several other challenges in the past and is described as a “troubled” nursing home company. Continue reading

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According to a news report from the Waco Tribune, a young child identified as having special needs reportedly suffered a serious head injury, and local police suspect the injury may have occurred at his elementary school. The child is 8-years-old.

doctor5The police first became aware of the incident when hospital personnel called them.  When the child first got off the school bus earlier that day, he said he was nauseous. The bus driver told the parents their son had vomited several times and was not behaving typically. Continue reading

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According to a recent report from CNN, a school bus driver deviated from his designated route and crashed the vehicle at a high rate of speed.  In this horrific crash, six children have been killed and more than a dozen were injured.  Some of these injuries were very serious, including possible traumatic brain injury (TBI).

road signsAt the time of this fatal school bus crash, there were 37 students on board. When first responders arrived at the scene, they could hardly believe what they were seeing.  Five of the young victims, ranging from ages six to ten, died that same day and the other died two days later in the hospital when doctors were unable to save the child after doing everything in their powers to help. Continue reading