Articles Posted in Personal Injury

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According to a recent news release from CNN, a hot air balloon crashed in Texas and cost the lives of 16 people.  The deadly balloon crash occurred around 30 miles from Austin, Texas, according to authorities.

hot-air-balloon-1-1518704While the cause of the accident is still under investigation, witnesses and investigation authorities believe the balloon crashed into power lines causing it to burst into flames before hitting the ground. The company that owned the balloon involved in the deadly accident regularly offers customers hot air balloon rides.  The balloon can go to numerous destinations in the area and, according to their website, charges customers around $400 each for a ride on the balloon. Continue reading

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In Morrison v. St. Luke’s RMC, plaintiff was taken to defendant’s emergency department the day after Christmas in 2011.  He was there after complaining of chest pain.  The doctor who examined plaintiff conducted a thorough physical examination after taking the patient’s relevant medical history.

nursesAfter completing his examination, treating doctor made a determination that plaintiff was not suffering from a heart attack and was stable enough to be discharged from the hospital.  The doctor did tell him that he should see a cardiologist the following morning for a follow up consultation.  He also gave plaintiff the contact information for a cardiologist that he should see if he did not have one already. Continue reading

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With what seems like never ending stream of excessively hot days this summer, there is no question that a lot of people will be hitting the water after work and on the weekends. For some this will be rowing or sailing on the Charles River.  For others it will be taking a boat out on the Bay or on the North or South Shores in the Greater Boston area.  While hitting the water can be a lot of fun, it can also result in significant personal injury or death, and extra care must be to take to avoid a serious tragedy.

sunset-winter-scene-1250442-mAccording to a recent news feature from Action News, an 8-year-old girl was seriously injured in a boating accident that occurred while she and her father were tubing.  For those that are unaware, tubing involves pulling an inner tube behind a fast moving boat with one or more riders in the tube depending on the size of the tube.   Basically, it is like water skiing without a requirement to know how to balance or water ski. All that a rider has to do is hold on and have fun.  However, this activity can also result in serious personal injury. Continue reading

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These days, when it is harder to smoke in public places, and due to all of the health problems associated with smoking in general, many are turning to e-cigarettes as an alternative.  Smoking e-cigarettes, or vaping as it often called, involves loading an electronic cigarette with a nicotine and flavor cartridge or filling it with liquid nicotine and then smoking it as normal cigarette without the need to light it.

fuego-1178889-300x225A small battery inside the device will activate a system designed to vaporize the liquid, so the user can inhale it. The user will inhale and exhale the vapor, and it is claimed that provide the desired effects of nicotine without the dangers of smoking.  In reality, there has not been much testing on the practice of vaping, and there is no long-term usage data, so scientists do not know if these claims are true. 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.

Continue reading

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According to a recent news feature from ABC 6 RTV, a 19-year-old man was at the YMCA pool when he suffered a tragic and untimely drowning death.  His family has subsequently hired a personal injury lawyer and has filed a lawsuit alleging wrongful death, among other counts.

swimming-1403832Authorities say the accident occurred just a few days before Memorial Day and the start of this year’s swim season.  There was a lifeguard on duty, though according to family of the victim, this lifeguard was ultimately part of the problem. The family is arguing that, if the lifeguard was properly trained and capable of doing his job effectively, their son would still be alive. Continue reading

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There is no question that soccer is becoming more popular with both kids and adults throughout the U.S.  However, you may have noticed that a game known as “bubble soccer” is also starting to gain traction.

soccer-net-1504723Like the inflatable sumo wrestling that reached its peak of popularity several years ago, bubble soccer also involves the participants getting inside and over-sized inflatable suit.  Instead of looking like a sumo wrestler, the players are in large plastic bubbles with only their legs sticking out so they can run around.  These soccer bubbles are designed so the participant’s breathing is not restricted, and the game looks like a lot of fun.  It is especially popular at carnivals and parties. Continue reading

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Skiing and snowboarding can be a lot of fun.  There are a lot of people who take to the slopes in Massachusetts and throughout New England each year.  However, while there are good times to be had, these winter sports can result in serious injury or death.

457973__1According to a recent news feature from CBS News, one snowboarder who was involved in a serious accident has decided to help brain injury victims cope with the many changes they will be facing as result of suffering a traumatic brain injury. Continue reading

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While many enjoy fireworks as part of a professional display while listening to patriotic music, as played by the Boston Pops on the Charles River Esplanade, some prefer to drive to states where they can legally buy any type of fireworks and bring them back to Massachusetts for an amateur display.  While this may be fun, it is likely illegal and can be very dangerous.

fuego-1178889-300x225To add to the potential peril, it seems that many states are relaxing their fireworks laws and allowing the sale of pyrotechnics that were never before allowed to be sold without a license. These include mortar shells typically used in professional displays.  While these “consumer” mortars are much smaller than the ones use in a professional show, they are still very dangerous to those who are not trained in launching pyrotechnics displays. Continue reading

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According to a recent news feature from WOWT, an 11-year-old girl was on a ride in a carnival in Nebraska and suffered a severe personal injury.  Authorities say the young victim was on a ride known as the “King’s Clown.”  This was a spinning ride, and the trouble started when her long hair managed to get caught in the ride machinery as they were spinning around.  This carnival was being held as a Cinco de Mayo event.

carnival-1468202One witness, a friend of the victim, said her hair was very long and got tangled as they started spinning.  She said she saw what was happening but there was nothing she could do to help the girl, so she stood up and started yelling to “Stop the freaking ride!”  While the ride operator allegedly did not stop the spinning ride, a witness said that another child’s mom saw what was happening and ran up to the control panel and the emergency stop button, which brought the King’s Clown to a quick halt.  Continue reading

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