Damage to the spinal cord generally causes permanent injuries. One factor that can impact the extent of spinal cord injury is the age of the victim. A new study suggests older individuals may have a worse prognosis when spinal cord damage occurs. different-1131676-m.jpg

Those responsible for causing an injury to the spine must fully compensate the victim for all costs. The fact that the victim’s age is a factor in the severity of the injury does not absolve a negligent party of being responsible for covering treatment expenses, lost wages, pain and suffering, emotional distress and other damages. A Boston personal injury lawyer can help those who have suffered a spinal cord injury to pursue a damage claim to obtain compensation.
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Our Boston personal injury lawyers would like to take this opportunity to wish you a safe and happy Fourth of July weekend.

fireworks12.jpgEach year, countless people flock to Boston to celebrate our nation’s birthday. Many will walk, ride the T, or drive down to the esplanade on the Charles River for a day of fun before watching the spectacular fireworks display. There are truly a lot of great activities and a lot of fun to be had. However, with so many people coming into the city, is imperative that everyone does their part to stay safe and injury free. Both drivers and pedestrians can take actions to help prevent injuries.

A recent article on CBS Boston shows just one example of a fatal traffic accident involving pedestrians that occurred in this part of town. According to reports, a 28-year-old man and his girlfriend were at the Charles River esplanade before heading down Beacon Street when two cars collided. One of the vehicles rolled from the force of the collision and hit the young couple. He died at the scene and she was rushed to Brigham and Women’s Hospital where she later died. Lanzilotti was an employee of the Red Sox baseball organization, according to a team spokesperson. Boston Police continue to investigate this tragic accident but have not released any findings as of yet. Police are looking for anyone who may have witnessed the accident. People who live in the area told reporters that drivers frequently drive too fast in this area, and that may have contributed to the accident.
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Increasingly, nursing homes and long-term care facilities are seeking ways to shield themselves from litigation stemming from neglect, abuse or negligence by shoving arbitration agreements in front of new patients.
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Boston nursing home neglect lawyers know that in most cases, these agreements are not a mandatory element of acceptance into the facility, and they serve only to diminish the rights of those who have been injured as a result of the nursing home staff’s actions or inaction.

That doesn’t necessarily mean those whose disputes are handled by an arbitrator will be unsuccessful. However, the process tends to be skewed in favor of the facility, which is why we will often first assess whether there is evidence the arbitration agreement was unconscionable. In nursing home abuse cases, this usually is a result of the agreement being signed by someone too ill to make those kinds of decisions on their own, or by someone signing an agreement on the patient’s behalf when he or she did not have the legal authority to do so.
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A customer at a store should have an assurance the property will be in a reasonably safe condition from the moment they walk in the door – sometimes sooner. They should have confidence that if there is any potentially dangerous situation on site, it will be either open and obvious, or they will receive ample warning about it from management.
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When that doesn’t happen and injury results, our Boston personal injury lawyers are here to help initiate a premises liability lawsuit.

In the recent case of Cox, et al. v. Wal-Mart Stores, Inc., it was the doorway itself the plaintiff alleged to be defective and dangerous, and accused the store of failing to warn her about it. This case was removed to federal court upon request of the defendant, after first being filed in Mississippi state courts. Still, because the incident occurred in Mississippi, state law there governs whether the plaintiff has a valid case.
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The U.S. Court of Appeals for the First Circuit has limited liability of the insurance company of a Massachusetts restaurant/bar where a woman was injured following a brawl.
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The issue in Graf v. Hospitality Mut. Ins. Co. was not whether the facility was negligent in providing security or whether that resulted in the plaintiff’s injuries. That was established during a previous lawsuit where the patron sued the restaurant directly, resulting in a $500,000 judgment in her favor.

Boston personal injury lawyers understand the issue in this action was to what extent the bar’s insurance company was liable for $112,000 in prejudgment interest against the owner and an employee of the facility.
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A man was sitting in bar, watching Monday Night Football, when he was toppled by a fellow patron who dove for a souvenir tossed by an actress into the crowd. The man suffered a severe knee injury, which required expensive medical treatments.
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When he sued the owner of the sports bar, he was awarded $6 million at a bench trial in Nevada. However, a review of FCH1, LLC v. Rodriguez by the Nevada Supreme Court resulted in a reversal and remand of the case.

Boston personal injury lawyers find this case especially relevant at this time, when radio stations, bars, sports franchises and others host summer concert series and other events where there are large, tightly-packed crowds. Management of these crowds through ample security and other strategic measures is one way in which these entities can keep their patrons safe – and avoid personal injury litigation.
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In the height of the summer travel season, Boston, with its wealth of history and stunning landmarks is a top destination for tourists.
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Unfortunately, sometimes these travelers suffer injury while they’re in town. Just like anywhere else, there is the potential for car accidents, bus accidents, bicycle crashes, slips and falls and even crimes of opportunity predicated on negligent security.

Boston personal injury attorneys are dedicated to the aggressive civil representation of those who were harmed while visiting our city. These plaintiffs may have special concerns regarding feasibility of travel and other issues.
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A man injured in a Boston bicycle accident has lost his bid to further pursue legal action against the company he claims caused the dangerous condition that resulted in his crash. The Massachusetts Court of Appeals recently ruled in Filepp v. Boston Gas Company Inc. the bicyclist failed to provide proper notice of injury to the defendant within the 30-day window.
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Boston bicycle accident lawyers point to this case as an example of why one of the first things any injured party should do is contact an attorney. Although injury victims bringing ordinary negligence claims have three years in which to file, there may be other requirements about which you are not aware that we can help you to meet quickly, thus reserving your right to pursue litigation and collect compensation.

According to court records in the Filepp case, the plaintiff sustained serious injuries after he fell from his bike in Brookline while riding along Harvard Street. The plaintiff contends the reason he fell was because there was a two-inch rut in the pavement, created by the Boston Gas Company. The firm was reportedly conducting work on gas lines that ran underneath the street.
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A baby girl suffered permanent nerve damage to her right arm and shoulder, following a traumatic birth in which her mother claims the attending physician was negligent.
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Boston birth injury attorneys recognize that one of the most critical components in these kinds of cases is presentation of appropriate expert witness testimony. It’s not enough to show the actions of the doctor proximately caused the injury to the child, as would be the standard in an ordinary negligence claim. Rather, the testimony of a similarly-situated medical professional must establish that the defendant’s actions breached the acceptable standard of care.

The case of Lawrey v. Kearney Clinic, P.C., et al., reviewed recently before the U.S. Court of Appeals for the Eighth Circuit, is a prime example of what can happen when the plaintiff’s chosen medical expert fails to lay this foundation in his or her testimony.
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Usually when we come across the issue of nursing home arbitration agreements, we are looking at it from the perspective of the patient and his representatives attempting to avoid an arbitrator and instead take the case to court.
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The reason is because most of these forced nursing home arbitration clauses contain lots of fine print, and it essentially minimizes the facility’s risk of being held responsible for negligent action, which is typically better suited to determination by a judge and/or jury. Most people don’t realize these agreements often amount to forfeiture of many of the rights that would otherwise be afforded. Boston nursing home negligence lawyers have strategies for successfully striking down these agreements, including arguing that the agreement is unconscionable (inherently unfair) or that the party who signed it on behalf of the patient wasn’t legally authorized to do so.

The recent case of Walker v. Collyer, before the Massachusetts Court of Appeals, was different in that it involved an attending physician at a nursing home attempting to avoid being compelled to participate in arbitration with the widow of a deceased patient, per the terms of an agreement signed by the patient and the facility.
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