Library Articles

Personal Injury

5 Fans Injured During Selena Gomez's Visit to Emerald Square Mall
February 16, 2010 – North Attleboro, Mass. – Teen starlet Selena Gomez's recent visit to Emerald Square Mall in North Attleboro ended sadly when 5 of her fans were injured after falling off an escalator during her visit.According to The Boston Globe, Gomez appeared at Emerald Square Mall at about 4 p.m. Saturday to meet… read more…
Alternative Dispute Resolution in Massachusetts Medical Malpractice Cases
When you are seeking compensation for an injury or illness resulting from medical malpractice, you may find that alternative dispute resolution is the best option for you. Alternative dispute resolution is a strategy for settling a dispute without having to go to court. The term alternative dispute resolution covers a few resolution methods, including mediation,… read more…
Bicycle Safety Is Often Ignored (Part A)
With almost 700 deaths per year from bicycle accidents, one might think that bicycle safety would be a top priority for many communities and for the bicyclists themselves, especially given that almost 50% of those deaths are from child bicycle accidents. Bicycle Safety Tips Sometimes it is the bicyclists who are ignoring safety precautions that… read more…
Bicycle Safety Is Often Ignored (Part B)
Requesting Safe Bike Paths Unfortunately, Lizi Rahman, of Queens New York, is finding out the hard way that her legislators and council members don’t identify with her mission to make safe pathways for bicycles. Ms. Rahman lost her son Asif in February 2008 to a bicycle accident. She has lobbied to the many agencies responsible… read more…
Boating Accident Statistics (Part A)
Each and every year hundreds of lives are lost, thousands more are injured, and millions of dollars of property damage happens as a result of avoidable recreational boating accidents on the US waterways. This figure is actually lower than the real amount due to federal reporting requirements. Federal law requires that following boating accidents be… read more…
Boating Accident Statistics (Part B)
The American Boating Association research believes that for every alcoholic drink a boater has, his/her risk of death by boating accident increases representatively. In fact, even half a drink can increase a person’s risk of death by 30%. Damages Boating accidents often turn into a personal injury lawsuit and the damages awarded can be high…. read more…
Boating Safely with Friends (Part A)
Spending time on a sailboat or open motorboat with friends is an enjoyable experience for many. When injuries occur, a friendly relationship can suffer. Violations of Massachusetts boating laws may result in personal injury or even wrongful death lawsuits in Boston. Operators and passengers can help avoid boating accidents and preserve the good times by… read more…
Boating Safely with Friends (Part B)
Prevent Driver InattentionWater sports can be boisterous, and the rigors of being outdoors at sea take a physical toll. If you are a passenger, do all you can to aid the boat operator in staying focused on piloting the craft. Conversation and sightseeing should take a back seat to navigation and troubleshooting. Never interfere with… read more…
Boating: Making it Safer (Part A)
Boating can be a fun summer time activity. Getting out on the water, enjoying the sun and the company of good friends, is a great summer pastime — that is until an unfortunate accident happens and injuries or even death occur. There are ways to make boating a safer activity and thus, prevent accidents, injuries,… read more…
Boating: Making it Safer, Part B
Boating Safety Another way to make boating safer is for all operators to follow the safety regulations and rules, as well as to keep safety equipment on their vessel. Safely operating a vessel includes, but is not limited to: Driving at reasonable speeds Not causing wakes Only registered drivers operating the vessel Teaching children and… read more…
Cruise Ship Accidents – When Passengers Go Missing at Sea (Part A)
When planning a vacation, cruise packages are often considered for their value and overall entertainment factor. The price includes many of the activities on board, meals, and you get to stop at various ports of call to see other sights. Of course when planning such a vacation, the thought that something could go wrong usually… read more…
Cruise Ship Accidents – When Passengers Go Missing at Sea (Part B)
CBS and the Associated Press reported on a 24-year-old man who went missing from the Royal Caribbean near the Bahamas. The report also shares, “Passengers have survived falls from cruise ships before, including three in March alone. A 35-year-old man was pulled from the water about eight hours after he went over the side of… read more…
Do Mass Shootings Point to Inadequate Mall Security? (Part A)
Inadequate mall security can create a breeding ground for violent crime. If you’ve lost a loved one to a violent incident at a mall in Massachusetts, you need to know that you’re not alone or without recourse. Person-on-person attacks with money or abuse as the driving forces routinely occur in shopping centers all over the… read more…
Do Mass Shootings Point to Inadequate Mall Security? (Part B)
Even if safeguards could not have saved your loved one, their absence may indicate an overall attitude of security negligence. A Boston premises liability lawyer could utilize this argument in making a court claim for wrongful death in Massachusetts. Wrongful death judgments often result in multimillion-dollar awards to survivors for the loss of financial and… read more…
Elements That Affect the Attorney/Client Relationship
When choosing a Massachusetts injury attorney, you will want to choose someone who you feel will represent you to the highest standard of loyalty and fairness. The fiduciary duty, or relationship of trust, between an attorney and their client is known as the attorney/client relationship. In 1850, the U.S. Supreme Court stated: “There are few… read more…
Emotional and Psychological Effects Dog Bites
We grow up thinking that dog is man’s best friend. When bitten by what should be a loyal and trusted companion, more than physical wounds appear, especially in children. Psychological and emotional effects are not limited to children; however, they are quite prevalent in child victims. The emotional and psychological effects of dog bites on… read more…
Filing a Massachusetts Personal Injury Claim Against a Government Entity
If you have been involved in an accident where you were injured by a government worker or through the neglect of a government agency, you may able to hold that entity liable for your injuries and accident-related expenses. Going against the government may seem scary, but the best way to counter that fear is to… read more…
Filing A Personal Injury Lawsuit After A Violent Attack
When you’re the victim of a violent attack in which you sustained injury, there’s more to worry about than just recovering from your injuries. Aside from pressing charges against your attacker, you also have the option of filing a personal injury lawsuit to receive compensation for your injuries and emotional trauma. Why do I need… read more…
How Do I Help My Loved One through SCI Rehab?
There are a lot of emotions that come into play when your loved one has sustained a spinal cord injury (SCI) and you are working together through the transition. This is a challenging and stressful time for both of you, as your loved one works to recover some degree of normalcy in their life by… read more…
How to Build a Personal Injury/Negligence at ATMs Case (Part A)
If security negligence at ATMs is responsible for your personal injury from a violent crime, call an attorney in your area. Many crime victims today are seeking reparation from the bank or property owner that owns the cash machine. It’s a given that opportunists will rob victims who are the most likely to have cash… read more…
How to Build a Personal Injury/Negligence at ATMs Case (Part B)
The Connection Between Personal Injury and Negligence at ATMs Failure to prevent crime can have the direct consequence of a customer suffering personal injury or death while using an ATM. This is why the court recognizes negligence with civil penalties. If you have been on the receiving end of a robbery or physical assault, you… read more…
How to Negotiate a Settlement Following a Serious Personal Injury (Part A)
After a serious accident in Massachusetts, many victims choose to file a personal injury lawsuit to help them recover the funds they need to pay their medical bills, make up lost time from work, and other expenses related to their accident. Though it may come as a surprise, most personal injury lawsuits are settled before… read more…
How to Negotiate a Settlement Following a Serious Personal Injury (Part B)
Settling Your Personal Injury Claim vs. Going to Trial When filing a personal injury lawsuit in Massachusetts, you’ll also need to work with your attorney to determine if the time and costs of going to trial make it the best option, or if accepting a smaller settlement is in your best interest. These considerations include:… read more…
How to Prove Fault in a Massachusetts Personal Injury Accident
If you have been involved in an accident-be it vehicular, slip and fall, safety-related, or otherwise-you're probably being bombarded with many complicated emotions. You may feel angry at someone else, ashamed that you needed treatment, or worried about any additional costs you may soon face. But it is important to set aside these emotional responses… read more…
Inaction to Prevent Injury May Support a Personal Injury Claim
Your Massachusetts personal injury claim may involve an injury sustained by another party‘s inaction to prevent your injury. If you are considering filing a lawsuit to seek damages related to harm sustained from someone else’s inaction to prevent injury, you should seek the help of a Massachusetts personal injury attorney.What do I need to prove… read more…
Inadequate Mall Security Creates Parking Lot Danger Zones (Part A)
Ideal places for criminals to move in close to victims Inadequate mall security is highlighted by the large percentage of violent crimes that take place in the parking lots of shopping complexes. Both open-air and underground garages offer the ideal places for criminals to move in close to victims, often undetected. Like yourself, any witnesses… read more…
Inadequate Mall Security Creates Parking Lot Danger Zones (Part B)
Mall Parking Lots – Ripe with Opportunities for Criminals Carjack abductions can often happen at shopping malls. In these cases, the victims and their families can bring Massachusetts wrongful death lawsuits and premises liability claims, often to multiple parties. Since the parking lot crime scene served several purposes for the offender by providing opportunities to… read more…
Independent Medical Exams to Determine Injuries from Massachusetts Car Accidents
If you’ve been injured in a Massachusetts car accident, you probably have a lot of questions. Dealing with insurance companies and hospitals can be draining and the rules may seem confusing. You may even be asked to undergo an independent medical exam to determine your injuries. Your main goal should be recovering your health and… read more…
Is the Cruise Ship Making Me Sick? (Part A)
You’re enjoying yourself on your luxury vacation cruise when suddenly you don’t feel so well. Perhaps you are just seasick, or perhaps you have something more serious than that. Given the many incidents where cruise ship passengers fall ill, your cruise very well may be making you sick. A ship sickness, boating accident, or vehicle… read more…
Is the Cruise Ship Making Me Sick? (Part B )
Earlier in 2004, more than 300 people on a Carnival Cruise out of Galveston, Texas got sick with norovirus like symptoms. The Centers for Disease Control was brought in to conduct testing. The New York Times reported on health inspectors who had to board the cruise ship Carnival Fascination in 2002 to investigate the latest… read more…
Lawsuits Arise over Negligent Security at ATMs (Part A)
Does negligent security at ATMs invite crime? Of course it does. At least, that is the refrain of attorneys who argue lawsuits brought by victims of violent crimes at ATMs, or the victims’ families. While these customers used the ill-fated automated teller machines of their own accord, they had a right to expect that their… read more…
Lawsuits Arise over Negligent Security at ATMs (Part B)
Negligent Security Costs Businesses More Than It SavesSafety requirements vary by state, with some preventive measures mandatory and others voluntary. Some banks or businesses don’t bother to install security cameras or 9-1-1 buttons at ATM sites in order to save money, but they are finding lawsuit settlements and damage payments much more costly than security… read more…
Medication Errors in Massachusetts Nursing Homes
As the nation’s population ages, more and more Americans will find themselves in the difficult position of placing a parent in a nursing home. Deciding to put a loved one in elder care is an emotionally delicate decision and one that requires a great deal of consideration and study. We all want the best for… read more…
Nursing Homes: Accidental Injuries versus Abuse
Accidental injuries in the elderly are common but often leave the same physical evidence as those resulting from nursing home abuse. The incidence of bone fractures and physical and mental deterioration rises as we age, and these things can happen at home as easily as they can in nursing home situations. Know when to call… read more…
Nursing Homes: Recognizing and Reporting Abuse
Nursing homes are havens for seniors who need ongoing medical and personal care, yet by their nature may create conditions for elder abuse. Understaffing, unscrupulous management or unsafe practices can all cause more harm than good. Residents in any state of health can become victims because they must depend upon the good faith of staff… read more…
Overview of the Personal Injury Claims Process at Kiley Law Group (Part A)
If you or someone you love has been injured in an accident in Massachusetts, you may be contemplating filing a personal injury lawsuit or hiring a lawyer to help you with the claims process. When hiring a personal injury attorney to represent your interests, you will likely have many questions regarding the personal injury claims… read more…
Overview of the Personal Injury Claims Process at Kiley Law Group (Part B)
Recovering from Your Personal Injuries If you or your loved one was seriously injured in an accident, the road to recovery may be slow and painful. It is important that you keep appointments with your doctors and physical therapists and document your visits. From time to time, we will contact you to check on your… read more…
Paying Your Medical Bills While Waiting for a Personal Injury Settlement
During the weeks and months following an injury, you may be dealing with medical procedures, recovery and filing a accident injury claim in Massachusetts. Meanwhile, medical bills are piling up, and you may be out of work because of your injury. You need to find some way to handle your bills while waiting for your… read more…
Premises Liability and Violent Crimes at ATMs (Part A)
Premises liability law can help victims of violent crimes at ATMs recover some of their losses. If you have been robbed, mugged or sexually assaulted in the vicinity of an automated teller machine, your injuries may be perceived by the courts as arising from the ATM owner’s negligence regarding security or placement. While federal laws… read more…
Premises Liability and Violent Crimes at ATMs (Part B)
Damages in Massachusetts premises liability cases may be sought for past and future: Medical treatment Home care Mental or physical therapy Transportation to and from medical visits Wages lost due to disability Mental anguish Physical suffering How ATM Premises Liability Is Determined Just because your injuries were sustained at an ATM site doesn’t mean the… read more…
Recreational Water Sports and Boating Accidents (Part A)
Recreational watersport accidents are on the rise, thanks to the huge popularity of personal watercraft (PWC), waterskiing and other off-boat diversions. Who is liable, though, for personal injury in a waterskiing or jet ski accident? A Massachusetts wrongful death lawsuit can be brought against equipment manufacturers when product failure was a cause. Boat and jet… read more…
Recreational Water Sports and Boating Accidents (Part B)
Waterskier Safety State laws also govern certain aspects of waterskiing. Waterskier safety is charged to both the skier and the boat operator. This risky sport can be engaged in safely if communication and attention are consistent and persistent on the part of both parties. The laws governing skiing and towing a skier exist in order… read more…
Resources for Injured Pedestrians
Even though Massachusetts law gives pedestrians the right of way in marked crosswalks, pedestrian accidents and injuries are all too common. In fact, statistics from the National Highway Traffic Safety Administration show that there were 61 fatal pedestrian accidents in Massachusetts in 2007, and countless more were injured. Being involved in a pedestrian accident can… read more…
Road Construction Injury Statistics (Part A)
Accidents at road construction sites can cause serious injuries or in some cases even lead to death. According to the Bureau of Labor Statistics, from 1995 to 2002, 844 workers were killed at road construction sites. This figure is only applicable to construction accidents at a road construction site, and does not include incidents that… read more…
Road Construction Injury Statistics (Part B)
The Top 10 Safety Violations at Road Construction Sites in 2008 were: Ladders Electrical Scaffolding Fall Protection Lockout/Tagout Electrical Wiring Machine Guarding Respiratory Protection Hazard Communication Powered Industrial Trucks The Centers for Disease Control states, “Construction accounted for 1,178 fatal work injuries, the most of any industry sector in 2007.” The article goes on to… read more…
Sexual Assault at Sea: Is Cruise Ship Travel Safe? (Part A)
So you are thinking of taking a vacation on a cruise ship. There are so many choices depending on where you want to go and what you want to do and see. Cruise passengers have a lot to consider when choosing their cruise line including: price, customer service, and company reputation. But a critical decision… read more…
Sexual Assault at Sea: Is Cruise Ship Travel Safe? (Part B)
Cruise Ship Sexual Assaults This is just one cruise line among many. According to the same information, 77.2% of the cases cited a crew member as assaulting a guest. Only 13% were guest on guest sexual assaults. When these sexual assaults occur on a cruise ship in international waters, it can cause jurisdictional issues for… read more…
Should I Sue For Personal Injuries in a Small Claims Court?
If you have suffered personal injuries or damages because of another person’s negligence, or because of an intentional act, you may file a lawsuit against that person to recover money for the damages you incurred. You can do this by contacting an attorney and filing a injury claim in Massachusetts. Another option, however, is to… read more…
Slip and Fall Accidents: Causes and Statistics
A “slip and fall” occurs when someone slips, trips or falls due to a dangerous or hazardous condition. Slip and fall accidents can cause serious injuries and even death. They can be particularly dangerous for the elderly and children. If a slip and fall accident occurs on someone else’s property, they may be held liable… read more…
Strict Liability in a Massachusetts Personal Injury Lawsuit
In Massachusetts, state law recognizes strict liability as one of 3 actionable torts, or wrongdoings. The other two torts, negligence and intentional, revolve around the at-fault party’s inability to act appropriately. An actionable tort is focused on unforeseen dangers. What is strict liability? Strict liability is a tort in which a situation is deemed inherently… read more…
Suing a State Employee in Massachusetts
Anyone who is injured intentionally, or because of the negligence of another person, is entitled to pursue compensation for any damages that they have incurred. This applies in car accidents, slip and falls, and any other cause of personal injuries. Suing a state employee in Massachusetts is no different, but the law can be a… read more…
The Law on Security at ATMs (Part A)
Inadequate security at ATMs is an issue largely denied by the banking industry in the United States. Hundreds of robberies occur each year, many resulting in serious personal injury or death. If your loved one was the victim of a violent crime while using or passing by an automated teller machine, negligent security on the… read more…
The Law on Security at ATMs (Part B)
Knowledge Is Key to Inadequate Security Cases If your loved one was injured or killed on ATM premises, what did the bank or other company of ownership know about the potential risk? Elements that may point to increased risk for ATM crimes are: The geographical area or neighborhood The physical location of the machine The… read more…
The Laws of Boating (Part A)
Boating can be a fun summer time activity. Unfortunately boating accidents can and do happen on the water. Some can be a simple accident, others happen due to the driver of the boat not knowing the rules of the waterway. Yet even others are due to operator error and negligence. Before ever going out onto… read more…
The Laws of Boating (Part B)
Other No-No’s while Boating Riding on the bow or gunwales Failure to follow navigation rules Overloading or overpowering Obstructing other boaters Anchor your vessel in a travel waterway Obstruct a pier, landing, wharf, and/or boat ramp Damage, destroy, tamper with, or move any navigational aid Unsafe Boating Conditions Not enough life jackets and/or fire extinguishers… read more…
Truck Accident Statistics (Part A)
Truck accidents can be horrific for victims, many of whom are simply in the wrong place at the wrong time. Semi trucks, or tractor trailers, are heavy and travel at high rates of speed, making truck accidents quite common on freeways and highways. Prevalence of Truck Accidents Truck accidents are unfortunately all too common, especially… read more…
Truck Accident Statistics (Part B)
Types of Trucks Involved in Truck Accidents Tractor trailers have the highest rate of fatal truck accidents, according to the Insurance Institute of Highway Safety. Statistics show that nearly 70% of truck accident fatalities occurred in accidents involving a tractor trailer, which are also called semi trucks or 18-wheelers. Less than 30% of truck accident… read more…
Types of Personal Injuries Sustained in Truck Accidents (Part A)
Truck accidents can cause horrific personal injuries, many of which can result in permanent disabilities. According to the Department of Transportation, more than 100,000 people are injured in truck accidents every year. While the types of injuries vary based on the circumstances of the accident, there are some common injuries typically sustained in truck accidents…. read more…
Types of Personal Injuries Sustained in Truck Accidents (Part B)
While an underride truck crash in Massachusetts can cause severe injuries, you do not need to be involved in an underride collision to suffer disabling personal injuries. Truck accidents can result in a number of injuries that will change your life forever. Spinal Injuries and Paralysis There are no statistics to show exactly how many… read more…
Understanding Dog Bite Law in Massachusetts
The American Veterinary Medical Association estimates that 2.8 million children are victims of dog bites each year, and the majority of these dog bite injuries require medical attention. If your child has been bitten by a dog in Massachusetts, you undoubtedly want to know who is liable for your child’s injuries and medical bills. A… read more…
What are Structured Settlements?
You’re trying to recover from a serious accident. Because of your smart decision to retain a Massachusetts injury lawyer, the person or entity who is responsible wants to agree to a settlement. Their attorneys are recommending that you be compensated through a structured settlement. But what are structured settlements? Definition of a Structured Settlement A… read more…
What are the Statutes of Limitations in Massachusetts?
If you have been victimized in a Massachusetts accident, suing those responsible may be at the bottom of your priority list. Accident victims often must deal with hospital stays, physical therapy, lost time at work or school, and any residual emotional trauma. And after all those problems have finally disappeared, you may be reluctant to… read more…
What Banks Are Doing about ATM Security (Part A)
Remote banking makes ATM security the property owner’s responsibility. While the majority of transactions take place without problems, a few hundred robberies occur every year, many injuring innocent bank customers. ATM Security Can Be Improved We expect not to be harmed when we do business on a vendor’s property, and the law upholds this expectation… read more…
What Banks Are Doing about ATM Security (Part B)
Continued from “What Banks Are Doing about ATM Security (Part A)“ … Still, numbers are a bank’s business. Perhaps some owners or managers don’t believe that the small number of personal crimes warrants a large prevention budget. Since money stolen during an ATM incident is legally the customer’s, perhaps the bank doesn’t consider such crimes… read more…
What is an Independent Medical Exam?
After being victimized in an accident in Massachusetts, you may have filed a personal injury lawsuit. You have likely already seen your doctor and determined your precise injuries as a result of the accident. Even though you have already received medical treatment for your accident injuries, you may be required to seek an independent medical… read more…
What is Food Poisoning?
Food poisoning is a broad term used to describe the symptoms and physical ailments suffered as a result of consuming food or beverages contaminated with dangerous organisms. Common Causes of Food PoisoningThere are several sources of food poisoning. The three most standard causes of food contamination include: bacterial viral parasitic Though there are many harmful… read more…
What is Post Traumatic Stress Disorder (PTSD)?
Post Traumatic Stress Disorder (PTSD) is an anxiety disorder that can develop following a traumatic experience including car accidents, physical or sexual assaults, or other events that include psychological and/or physical trauma. Symptoms of Post Traumatic Stress Disorder PTSD can last for years without proper treatment and become debilitating as symptoms frequently include: Re-experiencing the… read more…
What Is Reckless and Negligent Operation? (Part A)
If you’ve been in a boating accident where operator error was to blame, you’re not alone. Reckless operation is the second most frequent cause of boating accidents, according to the United States Coast Guard (USCG). Driver inattention, cited as the first, often precedes reckless mishandling, and the line is fine between the two. A combination… read more…
What Is Reckless and Negligent Operation? (Part B)
In another scenario, failing to hear an oncoming craft or other danger due to engine or exhaust noise can impair a driver’s judgment. She may be unable to avoid a collision or might endanger a water skier who is being towed. Unacceptable noise levels are grounds for liability in these cases. “Playing with” or pursuing… read more…
What Should I Do After a Slip and Fall Accident?
There are an estimated 8 million slip and fall accidents in North America every year, and they are the second leading cause of death and disability after automobile accidents. Injuries from a slip and fall can be painful and debilitating, necessitating prolonged medical treatment and time off of work. Slip and Falls Outside the Home… read more…
What To Do If The Other Driver’s Insurance Company Won’t Stop Calling
If you have been involved in a car accident in Massachusetts, and you were injured as a result of someone else’s negligence, you should be focused on your recovery, while your personal injury attorney focuses on getting you a fair and just compensation package. You shouldn’t have to worry about your phone ringing off the… read more…
When Do I Need a Massachusetts Personal Injury Attorney?
As Bay Staters, we take pride in our self-sufficiency as well as our ability to solve our own problems. But there may come a time when you sustain injuries from an accident that was caused by another person’s negligence, and you feel that you are treated unfairly by the other party. This is when you… read more…
When to File an Anesthesia Error Medical Malpractice Lawsuit (Part A)
Many patients expect and accept postoperative discomfort, not knowing that at times it can be the result of an anesthesia error. When temporary states such as mental confusion, difficulty talking or deep muscle or joint pain continue past a reasonable period of time, mismanaged anesthesia may be the cause.Administration of sedatives can be ruled out… read more…
When to File an Anesthesia Error Medical Malpractice Lawsuit (Part B)
What Are the Effects of Anesthesia Errors? Because general anesthesia drugs can cause greater injuries than the other types, errors in surgeries that use general anesthesia form the bulk of relevant medical malpractice lawsuits. Damage to the individual must be substantial. Were wages lost due to disability for a long period of time? Was severe… read more…