Personal Injury Blogs

The first question New Jersey injury lawyers often hear when taking a case is, “How much is my claim worth?”

The actual value of an accident claim depends on a variety of factors, including the victim’s losses in the accident, type of insurance coverage involved and liability. Determining these factors helps identify a specific dollar amount when approaching an insurance company for a settlement.

Economic Loss in an Accident

In New Jersey, a personal injury victim may usually pursue an at-fault party for economic losses sustained in an accident. These losses can be medical expenses resulting from physical injuries, damage to property or wages lost from an inability to work while recovering. A lawsuit may also include the loss of potential future wages if a plaintiff’s injuries create an inability to carry on in a profession or chosen career path.

Economic loss is a quantifiable financial figure with minimal guesswork involved. An attorney can present medical bills and estimates of lost wages to an insurance company to prove this loss, which can act as the basis for a settlement figure.

New Jersey Comparative Negligence Rules

The New Jersey Modified Comparative Negligence Act limits a person’s ability to recover damages in an injury claim. A personal injury attorney in New Jersey understands that a client can only sue for damages if he’s ruled to be 50 percent or less at fault for the accident. Once a person’s negligence reaches 51 percent, he forfeits any rights to claim damages even if the client sustained injuries and economic losses in the accident.

Determining the worth of a case is tricky and any figure presented by an attorney is an estimate until the jury comes back with a settlement verdict or the insurance company agrees to a settlement to avoid trial. There is a lot to consider when trying to determine how much an injury case is worth, and it can be very difficult to put a dollar amount on the injuries you suffered. Fixating on a specific dollar amount takes away from the focus of the case, which is the client’s physical recovery and long-term wellbeing.

Thomas M. Kiley, founding partner of the Boston personal injury law firm the Kiley Law Group, has dedicated his career to providing injured victims and the families of wrongful death victims with the effective representation and compassionate support they need to recover from the devastating accident that disrupted their lives. But his support for his community doesn’t stop there. Tom Kiley, the Million Dollar Man, is also a proud sponsor of the upcoming New England Warrior Benefit to take place on July 3, 2012 at Boston’s Seaport World Trade Center.

About the New England Warrior Benefit

Over 40,000 of active duty military children in the U.S. have a wounded parent, and over 5,000 have lost a parent. The New England Warrior Benefit aims to raise money for six different foundations that provide support for families of wounded and fallen warriors. These include the:

1. Navy SEAL Foundation;
2. Wounded Warrior Project;
3. Special Operations Warrior Foundation;
4. Semper Fi Fund;
5. No Greater Sacrifice; and
6. The Fallon Family Charitable Foundation.

The event will include live entertainment, a motorcycle auction, honorees and award recipients, as well as various War of 1812 commemoration events, including the International Tall Ships, The U.S. Navy Fleet, and The Blue Angels. All raised funds will be equally distributed among the aforementioned foundations.

Committed to Giving Back

As an experienced personal injury attorney in Boston, Thomas Kiley has seen first-hand how a serious injury can impact a victim and their family, but recognizes that only a warrior or a warrior’s family can truly understand the impact of war. Supporting our warriors is the least we can do to say thank you for the service they have given our country.

The actual “justice” in the civil justice system is found in the opportunity for average people to have a fighting chance when they go up against wealthy and powerful corporations and industries. Unfortunately, for the last 25 years, the civil justice system has been under attack by the rich and powerful, claiming that frivolous lawsuits abound and the system needs reformation. This campaign convinced many people that those claims were true. But now, with documentary films like HOT COFFEE, the public is finally realizing who the real “bad guys” are.

McDonald’s Hot Coffee Case

One of the most publicized and notorious U.S. personal injury cases was the McDonald’s hot coffee case of 1994. Liebeck v. McDonald’s Restaurants was blasted by the media and stigmatized as a frivolous lawsuit from the start, but was it truly frivolous or is that what McDonald’s, a multi-billion-dollar company, wanted the public to believe?

What Happened?

Stella Liebeck, a 79-year-old woman, was a passenger in her nephew’s car when she ordered coffee from a McDonald’s drive-thru window in February 1992. Her nephew parked the car so that she could prepare her coffee. To do so, Liebeck held the coffee cup between her knees, but when she tried to remove the lid, every last drop of coffee spilled into her lap and caused burn injuries to her thighs, groin, and buttocks. Liebeck was admitted to a hospital where she remained for eight days for skin grafting procedures. Her injuries required two more years of medical treatment afterwards.

Attempts to Settle

Liebeck attempted to settle with McDonald’s for $20,000 to cover past and future medical expenses, and lost wages, but McDonald’s refused. After Liebeck retained an attorney, they offered a settlement of $90,000, which McDonald’s also refused. When the case went to trial in August 1994, Liebeck’s attorney claimed that McDonald’s coffee was heated to unsafe temperatures, supported by more than 700 previously reported burn injuries. The jury ruled in favor of Liebeck and she was awarded $2.86 million, which the judge decreased to $640,000. An appeal was filed but Liebeck and McDonald’s settled out of court.

When to Contact an Experienced Massachusetts Personal Injury Lawyer

The frivolity of this case was not in Liebeck’s pursuit of rightful compensation, but for McDonald’s stubborn and misguided refusal to settle. If you or a loved one has been injured as the result of negligence, be it by an individual or a corporation, you may be entitled to financial compensation. Contact the experienced Boston personal injury attorneys with Kiley Law group to learn more about obtaining the justice you deserve.

Call us today for a free legal consultation (888) 208-1695.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

The Kiley Law Group, LLC, is proud to announce that its Boston personal injury website, http://www.tomkileylaw.com, recently underwent an extensive redesign. The legal website gives visitors quick and easy access to helpful and useful information, data, and resources that relate to Massachusetts, in addition to news about the law firm itself.

Website Redesign Enhances Visitor Experience

The following are reflected in the personal injury website redesign:

• An updated, professional layout that features a new color scheme;
• Direct links to AVVO, Lexis Nexis, Super Lawyers®, and other awards, membership, and networking links such as Facebook, Twitter, and LinkedIn;
• An up-front contact form that visitors can access in a timely manner;
• A listing of practice areas that include helpful, relevant information;
• Strong, clear calls to action that highlight the firm’s strengths; and
• A prominent photograph of the historic Kiley Law Group, LLC, building.

Finding Helpful Answers and Relevant Information Quickly and Easily

Careful thought and attention was put into the legal website redesign of the Massachusetts personal injury attorneys at the Kiley Law Group, LLC, to make sure website visitors obtain the information they are searching for. A person who has suffered an injury and the family members of those killed in an accident will find answers to the questions they have been asking. Website visitors will find helpful, relevant information and data relating to vehicle accidents, motorcycle accidents, child injury and abuse, birth injuries, wrongful death, and defective products and liability in Massachusetts. With the launching of the redesigned Massachusetts personal injury website of the Kiley Law Group, LLC, any person in search of legal assistance and representation in Massachusetts will not need to look for help or important information for long.

Providing the Help You Need Off-Screen

At the Kiley Law Group, LLC, our Boston personal injury lawyers have dedicated their practice to helping injured victims receive the compensation they need and deserve from negligent parties. To learn how Thomas Kiley, “The Million Dollar Man,” and our attorneys can help you during this difficult time, please call our law offices at 1-888-208-1695 today or visit our website.

An unidentified 73-year-old man was killed last Monday after a 3,500 pound winch fell on top of him at the Mullins Marine Service Yard in Winthrop. The Boston Globe reported that the bolts connecting the winch to the concrete supports failed, causing the winch to disconnect from the supports and crush the man between the wall and the winch itself. The fire department responded and were able to free the man, who was then brought to a Boston hospital for medical treatment. The unnamed man died from the severe injuries several hours later. The investigation has revealed that the bolts broke off of the concrete supports and had not been properly secured. Police are continuing to investigate the tragic shipyard accident.

When to Contact a Boston Accidents Lawyer

If you or someone you know has been seriously hurt because of a defective product, contact the Boston accidents lawyers with Kiley Law Group to find out about your legal options.

Our lawyers have 30 years of experience and a successful track record of obtaining seven figure wins for our clients in auto accident cases, medical malpractice, child birth injuries, brain injuries, and other personal injury cases. Call (888) 208-1695 to receive a free legal consultation today!

And while the call is free, the information may be priceless.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us at 800-410-2769, or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

A fire which erupted in the kitchen of a two-family home in Haverhill Tuesday morning forced 12 people, including the homeowner out of their residences.

The blaze broke out around 6 a.m. and heavily damaged the first-floor kitchen, news reports said. Although firefighters saved the building, a dozen residents will have to find temporary living accommodations until the building is repaired.

How Did the Fire Occur?

The kitchen fire may have started as a grease fire. According to a 2nd-floor resident Ricardo Arias, 18, a woman on the first floor was cooking breakfast and cooking oil splattered on the stove, which then burst into flames.

Fire officials are investigating the cause of the fire, but the blaze does not appear to be suspicious, officials said.

Dangers of Grease Fires

According to a CBS report, cooking fires are the leading cause of home fires in the United States, grease fires being the main culprit.

More than 480 people die each year and countless others suffer burn injuries in accidents caused by cooking fires. It only takes a few minutes for a small grease fire to flare up and consume an entire home, causing nearly $900 million dollars in property damages each year.

How to Extinguish Grease Fires?

The most important thing to remember is not to use water to extinguish the fire.

1. DON’T use water — it only makes things worse.
2. Use a fire extinguisher that is dry and chemical-based.
3. Evacuate the building and call 911.

When to Contact a Personal Injury Lawyer?

If you have suffered burn injuries due to a fire accident in a Massachusetts accident caused by a defective product or someone’s negligence, contact the experienced Boston personal injury lawyers at the Kiley Law Group to determine if you are entitled to a compensation for your injuries. Find out what is your best course of legal action today.

Call 1-888-208-1695 for a Free Consultation.

Angela Giudice, of Roxbury, Massachusetts was injured Sunday afternoon when she fell through a second floor porch at her home.

According to Giudice’s partner, Nia-Sue Mitchum, the accident happened at about 2 p.m. when Giudice stepped out on the porch to fire up a Mother’s Day barbeque when the floorboard collapsed.

The porch fell 12 feet from its position, news reports said, leaving Giudice with several bumps and bruises. She was taken to an area hospital.

Reasons for the Accident

The floorboard collapse may have occurred because the porch was not up to code. The Inspectional Services Department issued a violation, but they said they did not know what caused the deteriorating condition.

According to some, winter weather conditions may have caused the porch to deteriorate. As Massachusetts residents know all too well, the winter of 2010-2011 was especially long and harsh, and damages a lot of houses in the Bay State area.

Do You Have a Personal Injury Case?

If you have been injured in a similar accident involving a collapsed porch in Massachusetts, you may be entitled to compensation for the injuries suffered in the accident if you can prove that the accident was caused by someone else’s negligence and that your injuries are the result of that negligence.

To explore your legal options, contact the experienced Boston personal injury lawyers at Kiley Law Group who will help you determine the best course of action.

Call 1-888-208-1695 for a Free Consultation.

In an article out this week in The Boston Globe, it was revealed that 75% of escalators in shopping malls across Massachusetts were not thoroughly or even regularly inspected over the past 3 years.

According to the Globe, a mere 44 out of the 188 mall escalators in the Commonwealth were inspected over 2008 through 2010. Escalators were found to be passed over for an entire year and some weren’t inspected for 2 straight years in a row. The inspections that were conducted revealed that the escalators under review required repairs in over 50% of inspections. There were 22 instances where mall escalators had to be shut down for safety reasons.

The main issue in all of this inspection process is simply that the state does have enough inspectors to check over the 34,000 elevators and about 1,000 escalators within Massachusetts. As of now, there are 51 inspectors working for the state and in order to properly inspect each elevator and escalator, the inspectors would have to complete about 700 inspections each year.

In March of this year, a 4-year-old boy was killed in a tragic escalator accident at the Auburn Mall. That escalator reportedly did not have a safety guard installed, which may have prevented the boy’s fall off of the top of the escalator. Since this accident, state inspectors rushed to complete cursory inspections of hundreds of escalators for noticeable violations.

Escalator Injury Statistics

According to the U.S. Consumer Product Safety Commission (CPSC), there were approximately 12,000 injuries that occurred on escalators in 2009, compared with 11,000 injuries in 2007. It’s estimated that escalators across the country give 90 billion rides each year, connecting shoppers with other levels of shopping plazas, malls and other businesses.

Most of the injuries that occur on escalators involve falls, with entrapment of a person’s hands, feet, or shoes accounting for about 10% of the total number of injuries. The CPSC suggests the following steps to take to keep you and your family safe while riding on escalators:

• Make sure your child’s shoelaces are tied before stepping on the escalator. Shoelaces can get caught very easily on either side of the steps
• Always stand in the middle of the step and avoid the sides
• Never let your child sit or play on the steps
• Remember to take the elevator if you have a stroller or walker

When to Contact a Personal Injury Lawyer in Boston

If you or someone you know has been seriously hurt because of a defective product, contact the Boston personal injury lawyers with Kiley Law Group to find out about your legal options. Our lawyers have 30 years of experience and a successful track record of obtaining seven figure wins for our clients in auto accident cases, medical malpractice, child birth injuries, brain injuries, and other personal injury cases. Call (888) 208-1695 to receive a free legal consultation today!

And while the call is free, the information may be priceless.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us at 800-410-2769, or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.

Gleb Dozorets, 20, of Marblehead, fell from a third story window at 150 Pleasant Street on Wednesday and sustained serious injury, Salem News and Daily Item of Lynn reports said.

Dozorets is now listed in stable condition at a Boston hospital. He reportedly landed in the travel lane on Pleasant Street, directly across from the Village Plaza after 8:30 pm.

Dozorets was first rushed by ambulance to Seaside Park then airlifted by helicopter to Brigham and Women’s Hospital in Boston. According to responders at the scene, Dozorets was in and out of consciousness.

The cause of this fall is still under police investigation.

Injuries from Window Falls

Some of the most common injuries from falls from windows include:

• Broken Limbs,
• Spinal Cord Injuries,
• Traumatic Brain Injury,
• Other injuries.

When to Contact a Personal Injury Attorney

If your fall injury was caused due to someone else’s negligence, you have the right to file a personal injury claim against the negligent party. To explore your legal options, contact an experienced Boston injury lawyer.

Call 1-800-410-2769 for a Free Consultation.

Edward Rowe, 46, of Haverhill sustained serious leg injuries in a work accident early Wednesday morning after falling down a 30-foot shaft in between the Red Line tracks near Charles Circle in Boston. According to The Eagle Tribune edition out today, Rowe is an electrician with the MBTA and was working in between the Red Line train tracks around 4:30am yesterday morning as part of the Longfellow Bridge project. While shutting off electrical power to the third rail, Rowe fell through wooden planks covering the 30-foot hole and landed on the concrete floor at the bottom of the shaft. The Boston Fire Department’s technical rescue team rappelled down the shaft and secured a harness around Rowe to pull him up to solid ground. The rescue mission took about 3 hours to complete and Rowe was then taken to a local hospital for medical treatment.

Red Line service was halted during the rescue and started back up again for commuters around 8:00am. The General Manager of the MBTA, Richard Davey, reported that shafts that are currently covered with wooden planks would immediately be replaced with metal coverings to prevent further incidents. Rowe started as an electrician with the MBTA when he was 18-years-old.

When to Contact a Boston Personal Injury Lawyer

If you or someone you know has been in an accident in Massachusetts due to someone else’s recklessness, BEFORE you sign any forms or talk to the insurance company, contact the Boston injury attorneys with Kiley Law Group to find out about your legal options.

Our personal injury lawyers have 30 years of experience and successful track record of obtaining seven figure wins for our clients in auto accident cases, medical malpractice, child birth injuries, brain injuries, and other personal injury cases. Call 800-410-2769 to receive a free legal consultation.

And while the call is free, the information may be priceless.

DISCLAIMER: The Kiley Law Group is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited within the article. If you were involved in this accident or a similar incident and have questions about your rights and legal options, call us at 800-410-2769, or another reputable law firm. Do not act solely upon the information provided herein. Get a legal evaluation. We provide a free, confidential consultation to all not-at-fault persons named in this article and to their family members as well.