Articles Posted in Personal Injury

Researchers have found that patients suffering from traumatic brain injuries (TBI) who’ve use transcranial LED-based light therapy, demonstrated substantial improvement and recovery. The patients undergoing the therapy reported improved attention, focus, memory and inhibition, reports Science Daily.

Boston personal injury lawyers encourage residents to spread the word about traumatic brain injury issues. As we’ve stated on our last traumatic brain injury blog, March is Brain Injury Prevention Month.
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“Transcranial red/near-infrared LED may be an inexpensive, noninvasive treatment, suitable for home treatments, to improve cognitive function in TBI patients, as well as to reduce symptom severity in post-traumatic stress disorder,” said Margaret A. Naeser, PhD, of Boston University and the Veterans Affairs Boston Healthcare System.

While the cost of this treatment may be relatively inexpensive, the total cost of TBI diagnostics, treatment and recovery can add up quickly. The CDC estimates that TBI cost the United States an estimated $60 billion in indirect costs and medical costs each year.

The Center for Disease Control and Prevention (CDC) reports that approximately 275,000 people are hospitalized and 52,000 die because of traumatic brain injury each year. TBI is a contributing factor to one-third of all injury-related deaths in the United States.

Brain injuries can include everything from minor head injuries to skull fractures, including concussions and penetrating head wounds. TBIs can also occur at virtually any time, during a sporting event, on the job, car accidents, slip and fall incidents and more.

The Brain Injury Association reports TBI is often “the start of a misdiagnosed, misunderstood, and under-funded neurological disease.” The most common form of a TBI is a concussion, which make up nearly 75 percent of all TBI’s reported each year. Concussions often go ignored and mistreated and are often diagnosed as part of a sporting injury in Massachusetts.
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Last November a 62 year-old man stabbed a 52 year-old driver during a road rage incident following a Boston car accident that caused a traffic jam, according to ABC-5.

The enraged driver claimed the accident was going to make him late to pick up his son. While traffic slowed the driver exited his vehicle and begun to physically harass the nearby victim he accused of causing the backup.
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According to a new survey by RoadandTravel.com motorists respond to aggressive driving in all sorts of ways — more than half return the aggression:

-2 percent of drivers try to run the aggressor off the road
-34 percent honk their horns
-7 percent mimic the aggressive behavior
-19 percent give the finger
-17 percent flash their headlights
-27 percent yell
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner that endangers persons or property.” NHTSA reports more that 6 million accidents occur each year with aggressive driving contributing to a substantial number of those incidents.

Aggressive driving is a traffic offense. Road rage is a criminal offense, typically involving assault. Our Boston personal injury lawyers urge drivers to protect themselves with defense-driving habits.

If you come in contact with an aggressive driver there are some tips to help keep you safe:

– Never retaliate.

– If you’ve been harassed and are being followed do not go home. Go to the nearest police station.

– Be polite, even when others are not.

– Never underestimate other drivers’ capacity for rage.

– Do not put others in danger by attempting to outrun the enraged drive. Always drive the speed limit.

– Reduce driving stress by allowing plenty of time to reach your destination.

– Remember you can’t control other drivers but you can control yourself.
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Our Boston personal injury lawyers encourage residents to shine light on the issue of Traumatic Brain Injury. March is Brain Injury Prevention Month. Brain injuries can include minor head injuries, skull fractures, concussions and penetrating head wounds like that suffered by Arizona Congresswoman Gabrielle Giffords in the failed assassination attempt.

The Center for Disease Control and Prevention (CDC) reports the top causes for traumatic brain injury (TBI) are car accidents, falls, sports-related injuries and violence. Victims of car accidents in Boston and elsewhere are at highest risk of suffering a fatal brain injury, the government reports.
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Each year in the United States, an estimated 1.7 million people suffer a traumatic brain injury. More than 1.3 million will visit the emergency room, nearly 300,000 will be hospitalized and more than 50,000 will die.

While many think of gunshot wounds and serious car accidents as the primary cause of TBI, the reality is that many youths will suffer mild concussions or other sports injuries in Massachusetts this year.

The Brain Injury Association reports TBI is often “the start of a misdiagnosed, misunderstood, and under-funded neurological disease.”

Brain injuries present a lifelong battle of struggle, care, and rehabilitation. It is estimated that the costs of brain injuries tally more than $48.3 billion annually. The lifetime cost for one TBI patient is estimated at more than $4 million, which can quickly exhaust even the best insurance coverage.

Our Massachusetts brain injury lawyers urge families coping with a brain injury to immediately seek the advice of legal professionals. An experienced Massachusetts brain injury attorney will personally come to your home or hospital room. Do not sign any paperwork. Do not accept any payments. Do not provide any statements to insurance companies. Seeking the advice of an experienced and qualified legal professional is critical to receiving the proper care and helping to ensure the long-term financial well-being of you and your family.
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Authorities are expected to be out in force this St. Patrick’s Day in effort to prevent Boston car accidents caused by drunk driving according to an article in The Boston Globe.

Our Boston personal injury lawyers urge residents to enjoy the upcoming four-day weekend kicked off by Thursday’s St. Patrick’s Day celebrations. But also encourage you to celebrate responsibly with a designated driver and don’t drink and drive.
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The National Highway and Traffic Safety Administration reports 37 percent of drivers involved in fatal accidents on St. Patrick’s Day in past years have had a blood alcohol content of .08 or higher.

Whether you’re attending the Harpoon St. Patrick’s Festival at the Harpoon Brewery, the 110th St. Patrick’s Day parade in South Boston, or the St. Patrick’s Day open house at the Irish Cultural Centre of New England we wish you safest of travels.

Safe driving tips for your St. Patrick’s Day:

– Go out with a plan. Find a designated driver.

– If impaired, find another way home: call a friend or family member, use a taxi, try public transportation.

– If you see someone who is impaired and about to drive, take their keys and help them make safe a safe arrangement to get home.

– Help others stay safe. Be sure to call 911 if you see a drunk driver on the road.
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The long-awaited outcome of her personal injury lawsuit has a Boston Marathon spectator feeling vindicated, according to a recent article in Metrowest Daily News.

The 65 year-old woman was struck by a state police officer on his motorcycle during the 2007 Boston Marathon. She brought a civil case against the officer for negligence; filing for compensatory and punitive damages.
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The victim acquired $983 worth of medical bills but was angered when the police refused to pay them or accept responsibility for the accident. Making matters more complicated was the fact the victim felt law enforcement was covering up the accident.

Additionally, as our Boston personal injury attorneys are well aware, falls among the older adult population can lead to long-term medical complications, including knee and hip-replacements. The Boston Globe reports the woman was knocked to the ground on State Route 135 in West Natick.

The attorney representing the police alleges that the woman was in the street when she was struck and was not paying attention to her surroundings. The victim claims she was standing behind the designated white line for spectators.

Following four days of testimony, the jury deliberated 4 hours before rendering a verdict. The Patriot Ledger reports the Superior Court jury found the police officer to be negligent and awarded the woman $15,500 in damages.

The victim also claimed battery against the police officer and violation of civil rights against the lead detective but was not awarded for those charges.

The Boston Marathon attracts hundreds of thousands of people each year. In anticipation of this year’s marathon, Run the Planet offers the following crowd safety tips to spectators:

– Always be aware of the closest exit location as well as all of your surroundings.

– Take notice of the ground surface. For example, loose gravel, muddy, unleveled or wet surfaces can all be dangerous, especially in large crowds where space is limited.

– Discarded objects lying on the ground like clothing, trash, bottles or food items can also be dangerous once the race starts and attention is directed towards the marathoners.

– Benches and scaffoldings are not meant to hold lots of weight so refrain from standing on them to get a better view.

– If you are in the midst of a panicked crowd, try to remain calm and go with the flow. Trying to retreat against a moving crowd is dangerous.

– Communicate with others by use of hand gestures since talking is difficult amid crowd noise.

– If you stumble and fall to the ground, keep crawling in the direction of the crowd. Cover your head and curl up in a fetal position if you can’t move at all.
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Just days after CNN reported our national water infrastructure is desperately due for upgrading, renovation and repair, the Boston Globe reported on a two-year investigation by state auditor Joseph DeNucci, who critically evaluated the State’s dam systems.

The CNN report revealed that on average 700 water main breaks happen every day in the U.S. That thanks to antiquated leaking pipes, the U.S. loses 7 billion gallons of water – a day. That a single faucet dripping once per second releases as much as 2,700 gallons of drinkable water a year. That the American Society of Civil Engineers has estimated the cost to replace or restore our nation’s crumbling water utility system will surpass the $250 billion mark during the next two decades.
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Our Boston personal injury lawyers and Massachusetts workers’ compensation attorneys know that lost water does more than drain our clean drinking water supply. It costs in property damage and work productivity. And, at worst, it threatens public health when a water systems becomes contaminated and becomes a worker and public safety issue when systems rupture or fail.

What DeNucci’s report found in Massachusetts reflects what the American Water Works Association sees as a growing water infrastructure problem flowing across the nation. Our antiquate, inefficient, worn out water and sewer line systems are failing and desperately in need of innovative (and costly) upgrading to meet current law and public health safety directives. The problem, of course, is that the current economic reality has most state budgets bone dry when it comes to funding massive, or minimal, infrastructure upgrade projects. So who then is responsible when a water main fails and a Massachusetts worker is injured or killed; a home destroyed?

The Bureau of Labor Statistics reports that in 2009 there were 75 utility system construction workers killed due to a job site accident. This number includes oil and gas line, power and communication workers with water and sewer line handlers. Water system workers alone claimed nearly 38 percent of all utility worker fatalities nationwide. Within Massachusetts, BLS reports that 17 workers in the construction industry died on the job in 2009.

The Massachusetts personal injury attorneys at Jeffrey Glassman Injury Lawyers, LLC, recognize that construction companies, land developers and governmental agencies have a joined responsibility to maintain a safe and secure environment for employees, temporary workers and the public.
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Shoppers are at increased risk of Boston premise liability accidents as the holiday shopping season enters full swing and winter weather descends on the East Coast.

We reported last month on our Boston Personal Injury Attorney Blog that the government had warned retailers about the risk posed to employees by intentionally advertising heavy discounts meant to draw large crowds for Black Friday.
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As the Boston Globe reports, the holiday shopping season has gotten off to a fast start and is responsible for upwards of half of retailer profits. As such, retailers will look to keep the momentum going right through the holidays, and will no-doubt hold closeout sales right through the first of the year.

Business and property owners must put at least as much emphasis on the safety of employees and guests as they do on reaping holiday profits. When a negligent condition leads to a serious or fatal accident on business property, a Boston personal injury lawyer or wrongful death attorney should always be consulted to help protect the physical and financial well-being of you and your family.

Massachusetts premise liability claims may include:

Slip and fall accidents

-Wet floors
-Dark parking lots
-Broken or uneven sidewalks or walking surfaces
-Loose handrails or fault stairwells
-Merchandise or shelving fixtures falling from height
-Elevator or escalator accidents
-Assault on business property
Negligent security

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Recent strong winds have led to several near misses in the Boston-area after gusts caused limbs to snap and trees to be felled across sidewalks, patios, apartment porches — even crushing a couple cars parked street side, the Boston Channel reports.

Two women were transported to the hospital with non life-threatening injuries after a massive tree limb cracked and fell across a Kemp Street sidewalk. Property damage was more significant. Falling limbs crushed patio furniture and a deck structure and caused roof and other damage to a home and a couple cars.

Boston premises liability attorneys know that mother nature may have her own plans, but homeowners, property managers and landlords have an obligation to protect tenants and guests from hazards such as tree limbs. The scattering of tree-limb crack-offs around Boston is reminiscent of a rash of similar accidents in Central Park since 2009 that claimed the life of at least two, the New York Times reports.

In late July, 2009, a 33-year old man was seriously injured in Central Park when a rotting limb gave way and crushed him. In February, 2010, a second incident claimed the life of a 46-year-old man after a snow-covered branch fell on him. In June, a six-month-old infant was killed and her mother was critically injured by a falling limb from a honey locust tree at the Central Park Zoo. What caused the branch to snap is still unknown and various City agencies are still struggling to assign responsibility. Several personal injury and wrongful death lawsuits have also been filed.

The Union City family of the deceased infant is now planning to file a $50 million lawsuit against New York City, the Wildlife Conservation Society and the Central Park Conservancy, the Jersey Journal reports.

While pruning and regular care and maintenance can certainly diminish the likelihood of such accidents, sometimes branches break off, TIME reports. To reduce both risk and liability, New York City’s 5.2 million trees are maintained by the City Park Department. In Central Park, the Central Park Conservancy regularly prunes and inspects the 25,000 trees on their property.

For the most part, in large urban settings like Boston or New York City millions of trees and millions of people share the same living space with little incident. On occasion, however, failure to properly prune trees or otherwise ensure a property is free from hazard, can lead to serious or fatal injury.
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A spate of recent accidents has led our Boston personal injury lawyers to report on a series of fires and carbon monoxide poisoning incidents on our Boston Personal Injury Attorney blog. Again this weekend, a four-alarm fire at a 15-unit apartment complex in Lowell claimed the lives of two residents and displaced at least 20 more, the Boston Herald reports.
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It is believed that a power strip is to blame for the fire which began around 4 a.m. on Sunday. The blaze has been deemed an accident by fire officials. While apartment fires occur about as frequently as they do in private homes, the New York City Fire Department notes there is a greater risk of fire, heat and smoke quickly spreading to reach other units in multi-family dwellings. According to the NYCFD, regardless as to whether you are a homeowner or apartment tenant, fire safety begins at home. They offer the following safety tips and precautions for apartment dwellers:

~ Most modern apartments are constructed with at least one internal “primary” entrance and exit to individual apartments and at least one internal or external “secondary” entrance and exit to the building. In both locations, the doors should be fireproof and self-closing. Tenants should be able to open both doors internally without keys via a thumb-turning bolt.

~ In addition to doorways, tenants should be aware of conditions of stairways, fire towers and fire escapes. Landlords should maintain fire sprinklers and fire extinguishers and tenants should know where to find them and how to use them.

~ Tenants should be able to find their way out in the darkness through multiple exits and be familiar with stairwell conditions. Doorways and stairwells should be clear of debris and other items (like bicycles or grills). Never use an elevator to exit a building that is on fire.

~ For protection and because it is the law, many windows are equipped with either a window security gate or a child safety window guard. While these items are meant for protection, in the event of a fire they can become a lethal hazard. For those with security gates, each family member should be able to operate the release devices. For families with child safety guards, do not install them on a window designated as a fire escape. Also, keeping all windows free of clutter – plants, wall-unit air conditioners, and decorative items – can be a life saver.
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