Articles Tagged with injury lawyer

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While summer is a great time for swimming, pools can also be very dangerous places. A young child could drown in a pool very quickly and drowning doesn’t always look like what we might expect. Children could be hurt at a hotel swimming pool or a water park, or could drown when they wander into a neighbor’s yard who has a pool. There are myriad different situations in which a young child could face a grave risk of injury when it comes to the presence of a swimming pool and when a child does get hurt, it is important to determine who is to blame for the harm the child experienced. injury lawyer

A Boston injury lawyer can provide representation to individuals and families harmed in swimming pool accidents. It is not just children who could suffer injury in a pool. Adults could drown or be hurt too. Anyone who is injured should talk with an attorney about his or her rights and to find out who can be held accountable for compensating the victim or the family of the victim if the pool accident is fatal.

Who is Responsible for Swimming Pool Accidents?

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A former organized crime boss is suing the federal government for injuries he sustained in a game of ping-pong in prison. prison

The New York Daily News splashed the cheeky headline, “Bada-Ping!” across its front page story, which detailed how the 64-year-old plaintiff, convicted a year earlier of racketeering conspiracy connected to several plots of murder, was injured in a slip-and-fall. He asserts prison officials knew or should have known there was a hazardous wet floor in the recreation area of the prison. As proof, he noted the proximity of the showers to a leaky slop sink pipe nearby. The leak had been reported to officials from the prison days or weeks before the fall. Plaintiff suffered a fractured right knee cap that required surgery, and he is continuing to undergo physical therapy and occupational therapy.

The government refutes any allegations of negligence. What the newspaper fails to note is that suing a prison or jail – particularly one operated by the government – can be very difficult. Suing privately-run prisons and jails may be a bit easier, but there are still significant challenge. Only claims of serious injury or wrongful death have much of a chance of moving forward, and that’s only if plaintiffs can prove a violation of civil rights, including deliberate indifference to a medical need.  Continue reading

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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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