Massachusetts Personal Injury Blog

Interesting Data Regarding Truck Accident Verdicts

Colleague and fellow personal injury lawyer Ronald Miller has an informative post over at his Maryland Injury Lawyer Blog concerning truck accident verdicts.  Be sure to check out this very interesting blog.  Here is part of the post:

A recent Jury Verdict Research study revealed some interesting settlement and verdict data regarding truck accident cases. The most frequently cited injury in a truck accident cases, which is probably true for auto accident cases in general, is the back strain. Back strains, according to the study, drew a median verdict of $15,000.00. Brain injury cases, which accounted for only six percent of truck accident verdicts, had a median verdict of 1.3 million. Knee injuries accounted for four percent of the cases and had a median verdict of approximately $85,000.00.

The study also broke the verdict down into the type of truck accident collision which occurred and the median verdicts by type. Not surprisingly, the head-on collision had the highest median verdict of $275,000 and the "backing" collision (where a truck backs up into another vehicle) had the lowest of $33,000. The overall verdicts studied had a median verdict of $100,000.

Criminal Acts and Civil Liability in Massachusetts

The point of criminal law is to punish for wrongdoing.  The point of civil law is to hold wrongdoers financially accountable to deter similar behavior in the future.  With certain criminal offenses in Massachusetts, there is often a criminal prosecution as well as a civil trial.  Examples of such criminal offenses are assault, battery, rape and murder.  Many times, after the conclusion of a criminal matter, a civil law suit will commence which is intended to "make whole" the victim of the crime by way of money damages.

Therefore, liability for a wrong does not always end at the conclusion of a criminal proceeding, for there could very well be a civil suit as well to recover damages for the victim.

8 Top Traffic Ticket Myths

Kudos to the Los Angeles Personal Injury Law Blog for pointing out a great article on yahoo.com regarding traffic ticket myths.  Here they are:

8 common ticket myths

1. If the officer makes a single mistake on your ticket, the case is dropped.
2. If the officer doesn't show up in court, you automatically win.
3. Red cars get more tickets.
4. You need a lawyer to beat a ticket.
5. If you get a ticket in another state, your home state won't find out about it.
6. You can make up an excuse to get out of the ticket.
7. A radar detector will ensure that you never get pulled over.
8. If you don't sign the ticket, it will be dismissed.

Slip and Fall Claims and IME's in Massachusetts

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam).  This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states:  "When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control."

The IME will be arranged by the defense attorneys defending the case and will be paid for by the insurance company that insures the party that you are suing for injuries.  The doctor's report of his/her findings following the IME must be released to your attorney following a written request for same.

Remember that the IME doctor wants to have continued business from the insurance companies so therefore, do not be surprised if that doctor says in his/her report that you are not injured or, not injured to the extent that you claim.

Making a Claim for Underinsured Motorist Benefits in Massachusetts

If you have been injured in an auto accident in Massachusetts, there is always the possibility of making an underinsured motorist claim.  If the driver who caused your personal injuries does not have enough bodily injury (BI) coverage to cover the cost of your injuries, then you need to look to your auto insurance carrier for underinsured motorist benefits.  But, before making such a claim, you need to be aware of something important: You cannot, per the standard Massachusetts automobile insurance contract, collect underinsured motorist benefits without first receiving permission from your auto insurance carrier prior to settling your claim with the other driver's bodily injury carrier.

And also, you are only entitled to underinsured benefits if your coverage exceeds the bodily injury coverage of the driver who caused your injuries.

Notice Requirements of Personal Injury in Massachusetts

Here are some various notice requirements in Massachusetts that you must be aware of if you have been injured:

Defects in public way causing personal injury or property damage - 30 days;

Snow or ice on a public way or private property causing personal injury or property damage - 30 days;

Ski area operators' negligence causing personal injury to skiers - 90 days;

Federal Tort Claims Act - two years for written presentment;

Massachusetts Tort Claims Act - two years for written presentment;

Hit and run accidents - must notify police and insurer within 24 hours of the accident.

Information Regarding the Ving Rhames Dog Attack Case

Kudos to the Boston Injury Lawyer Blog for this post on recent developments on the tragic dog mauling death that occurred last week on actor Ving Rhames' property.  Here is part of the post:

Police have identified the man who was mauled by dogs on the Brentwood property owned by movie star Ving Rhames as Jacob Adams. Adams lived on the property and had been employed to take care of the actor’s dogs.

Medical examiners are still trying to determine whether Adams died as a result of the numerous dog bites he sustained during the attack or from heart failure during the attack.

Animal services have confiscated an English bulldog and three bull mastiffs that were living on Rhames’ property.

Injured on a Boston Street or Sidewalk? You May Be Out of Luck

If you have tripped or fallen on a Boston sidewalk or street, and sustained injury, you face a grim reality.  G L c. 84, Sec. 15 places a $5000.00 cap on these claims.  That is right!  No matter how serious your injury, how much your medical bills amount to, and how much in lost wages you have incurred, you are still stuck with the $5000.00 cap if a defect on a street or sidewalk caused your injuries.  This law must change as it is simply absurd and unjust.  Here is the actual language of the law:

Section 15. If a person sustains bodily injury or damage in his property by reason of a defect or a want of repair or a want of a sufficient railing in or upon a way, and such injury or damage might have been prevented, or such defect or want of repair or want of railing might have been remedied by reasonable care and diligence on the part of the county, city, town or person by law obliged to repair the same, he may, if such county, city, town or person had or, by the exercise of proper care and diligence, might have had reasonable notice of the defect or want of repair or want of a sufficient railing, recover damages therefor from such county, city, town or person; but he shall not recover from a county, city, town or local water and sewer commission more than one fifth of one per cent of its state valuation last preceding the commencement of the action nor more than five thousand dollars; nor shall a county, city or town be liable for an injury or damage sustained upon a way laid out and established in the manner prescribed by statute until after an entry has been made for the purpose of constructing the way, or during the construction and repairing thereof, provided that the way shall have been closed, or other sufficient means taken to caution the public against entering thereon. No action shall be maintained under this section by a person the combined weight of whose carriage or vehicle and load exceeds six tons.

Charlie Weis Loses Medical Malpractice Trial

This disappointing news comes courtesy of the Boston Globe:

Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago.

Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, said he doubted that his client would try to appeal the decision.

“Obviously, Mr. Weis and I are disappointed. We recognize these cases are very difficult. They involve very complicated medical facts, and the jury listens to very different views on complicated medical facts. Medical malpractice cases are very difficult.

“We will consider an appeal, but we have no intention to do so. There are no issues that came up at the trial that would appear to be the basis for an appeal.”

Mone said Weis was flying back to South Bend, Ind. this afternoon and couldn't be reached for comment.

Weis contended in his lawsuit that Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin had acted negligently by allowing him to bleed internally for 30 hours after the procedure June 14, 2002.

Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor's parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.