Massachusetts Personal Injury Blog

Brockton Man Is Mauled By Pit Bull

The Boston Herald today reported on a vicious pit bull attack on a Brockton man.  Here is the full story:

The hound from hell that mauled a barefoot and shirtless Brockton man outside a Memorial Day weekend cookout has gone on the attack in the past at least once, according to officials.

Deuce, who bit 49-year-old Leslie Talis 30 times Sunday, is quarantined at Brockton Animal Control as dog officers investigate a May 2004 mauling. There may be more cases as well, said Supervisor of Animal Control Tom DeChellis. “We’re not sure if the person was sent to the hospital. We’re not sure if the owner was cited,” he said.

The pit bull’s owner, Gary Ellis, who lives three doors down from Talis, isn’t the original owner, said Talis’ daughter, Kim, who watched helplessly as the dog tore into her dad in front of their home.

The dog had its rabies shots, but the deep bites on her dad’s thighs and chest have kept him in the hospital for three days, she said. Ellis could face fines for having an unlicensed dog and violating the leash law, but will not be charged criminally, DeChellis said. Brockton’s police chief could also order the dog be muzzled, quarantined or euthanized, he said.

Brockton battled about 10 years ago to ban pit bulls after a high school girl was bitten, but there were too many legal pitfalls, said Brockton Mayor James E. Harrington, who was a city councilor at the time.

“It’s a public safety concern,” he said. “I don’t know why anyone would want to own one of these dogs.”

Tags: dog bites and attacks and Massachusetts dog bites

Small Claims, District Court or Superior Court?

Although the procedural rules in Massachusetts (Massachusetts Rules of Civil Procedure) on where you may file a lawsuit are complicated, you still need to know which court(s) can hear your lawsuit.

Generally, Small Claims Courts in Massachusetts hear lawsuits where the amount in controversy (the damages) is no more that $2k.  The District Court can hear lawsuits where the amount in controversy is under $25k.  The Superior Court is proper if the damages are at least $25k.  Of course, there are variations and exceptions to these procedural rules, but that is a topic for another day.  Also, keep in mind venue.  That is, you need to not only choose the right court, but also the proper court in the proper geographic place.  Good luck with your Massachusetts personal injury trial!

Tags: Massachusetts personal injury trials and Massachusetts courts

Should I Sue The Person That Caused My Injuries?

That is a good question.  If you were involved in a Massachusetts auto accident, slip and fall, dog bite, or any other kind of accident, and you were injured, you may need to sue the person(s) that caused your injuries.  But before you run to court and file a complaint, you need to consider and weigh whether it will actually benefit, or harm your case if you sue.  Here are some considerations to keep in mind, provided by nolo.com, when deciding to file suit:

You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit:

• Do I have a good case?
• Am I comfortable with the idea of a compromise settlement or going to mediation?
• Assuming a lawsuit is my best or only option, can I collect if I win?

If the answer to any of these questions is no, you probably won't want to sue.

Tags: Massachusetts injury and filing a Massachusetts lawsuit

Information About Homeowners Insurance in Massachusetts

Homeowners insurance is something that many Massachusetts residents have, but are not sufficiently familiar with.  It is important that you understand what is and what it not covered by your policy.  Make sure you have a copy of your policy to refer to when you need to.  I found this over at insurance.com which explains some basic elements of homeowners insurance:

First-time homebuyers may not realize that homeowners insurance covers more than just the structure of a house. It also protects the homeowner and generally anyone named on the policy, including a spouse, resident, household employee, guest or visitor. Most policies offer three kinds of protection:

1. Structures - A homeowners policy protects a person's dwelling for damage due to common threats like fire and smoke, lightning, theft and extreme weather. Unless it is listed among a policy's exclusions, anything that causes loss to a homeowner or his property is covered. To cover the exclusions, homeowners can often pay to add endorsements to their policy, although some exclusions, such as flood damage, may require the purchase of a separate policy.

• Coverage Amounts - When choosing coverage amounts, people should remember they are protecting the entire home, not simply the amount remaining on the mortgage or their equity in the building.

2. Personal Property - Family possessions and personal property also are covered by homeowners insurance. In most cases, a policyholder will be reimbursed for damage or theft of personal property, whether the loss occurs on the protected premises or elsewhere. Recalling each item in every room can be difficult, however, so policyholders are encouraged to make an inventory of their belongings - recording the serial numbers, as well as the dates and costs of purchases for possessions such as jewelry, artwork, furniture and appliances. Personal inventories should always be stored in a fireproof safe or away from the premises, such as on videotape or a computer that is not in the house.

• Coverage Amounts - Typically, the insurer sets the total value of possessions at half of what the home is insured for. But there are limits for certain items and the amount may not be sufficient to cover the replacement of property, so homeowners may want to purchase additional coverage for their possessions. Review of a homeowner's personal inventory is the best way to determine whether his coverage is sufficient.

3. Liability - Homeowners insurance also provides compensation for liability claims and medical expenses, as well as other claims that result from property damage and personal injury suffered by others. This coverage applies whether an accident occurs on the policyholder's property or while away from home.

• Coverage Amounts - The standard amount of liability coverage is $100,000 on a typical homeowners policy. If a homeowner feels that the standard amount may be insufficient, he should consult an insurance professional about the availability of a higher level of coverage.

After establishing a policy, homeowners should periodically review their existing coverage to make sure that it keeps pace with any major purchases or improvements they make to their homes. Securing the right insurance policy at the right price is an important step in the home buying process, so homebuyers should shop around for a policy that best suits their needs and protects their most valuable asset appropriately.

Tags: Massachusetts homeowners insurance and Massachusetts insurance

Massachusetts Pool Accidents and Children

It is nearly summer and that means pools are starting to open.  That also means that pool injuries will inevitably occur.  Children, because of their size and naivety, are especially vulnerable to pool injuries.  I found this over at insurance.com which reminds and teaches us how we can prevent children from being injured in and around pools:

• Surround the entire pool with a permanent fence that is tall enough to prevent children from easily climbing it. Your state or local authorities may require your pool fence to be a specific height (six to eight feet is a frequently recommended minimum).
• Make sure all gates are self-closing and self-latching. If the gate can be opened from the outside, make sure it is securely locked so that children can't get inside by themselves.
• Install extra locks on the doors and windows of your home that lead to the pool area. These locks should be high enough to prevent small children from reaching them.
• Install a removable pool fence inside the permanent fence or screen enclosure that surrounds your pool. This is a good option if you need an additional layer of protection temporarily (e.g., while children are young or while grandchildren are visiting).
• Attach an alarm to the side of the pool or use one that floats.
• Have a licensed professional install a safety cover that complies with industry standards and completely remove it before using the pool to prevent someone from becoming trapped underneath.
• Don't confuse a safety cover with a flimsier pool cover designed only to keep the pool cleaner or warmer--these offer no protection and may even be a safety hazard if water accumulates on them or if children slip beneath.

Other pool safety tips

• Don't rely solely on flotation devices or swimming lessons to protect a child who is within the pool enclosure or in the water.
• Clear all toys from the pool when it is not in use. Toys floating on the surface or under the water can attract young children.
• Don't allow children to play poolside with wheeled toys.
• Don't put chairs, tables, or other items close to the pool fence that can enable children to climb over the fence.
• Make sure children understand pool safety rules (e.g., teach them never to go into the pool area alone).
• Never leave your child alone in the pool area, even if it is just for a moment (e.g., when you need to answer the phone or doorbell).
• Be prepared for emergencies by mounting lifesaving devices and a phone within the pool area.
• Teach children how to dial 911 in case of an emergency.
• Keep pool chemicals out of the reach of children.
• Inspect your pool equipment regularly and make sure it operates properly. Grates, skimmers, drains, and heaters are particular areas of concern.
• If you're having a party or entertaining guests and the pool area will be open, make sure someone is posted poolside who can watch the area at all times.

Tags: children and pool injuries and Massachusetts injury

What Is a Torn Meniscus?

A torn meniscus is a very common, painful and debilitating injury.  It can be caused by a number of factors.  Often, a personal injury accident can cause this type of injury.  When that happens, the medical bills and lost time from work can be formidable.

Since so many people suffer from torn menisci, I thought it may help to provide some information about torn menisci and how serious such an injury can be.  I therefore provide the following courtesy of  The University of Virginia:

The ends of the three bones in the knee - the femur, tibia, and patella - are covered with cartilage (a smooth material that covers bone ends of a joint to cushion the bone and allow the joint to move easily without pain) that acts as a shock absorber. Between the bones of the knees are two crescent-shaped discs of connective tissue, called menisci, which also act as shock absorbers to cushion the lower part of the leg from the weight of the rest of the body.

Meniscus tears can occur during a rotating movement while bearing weight, such as when twisting the upper leg while the foot stays in one place during sports and other activities. Tears can be minor, with the meniscus staying connected to the knee, or major, with the meniscus barely attached to the knee by a cartilage thread.

Great Dog Bite Web Site

I came across a great dog bite web site.  It was created by attorney Kenneth Phillips and can be found here.  The site contains an awfully impressive array of information pertaining to dog bite laws.  Check it out.

Tags: Massachusetts dog bites and dog bites

How Long Will It Take To Settle My Massachusetts Injury Claim?

Generally, that is a difficult question to answer.  Usually when the injury victim has reached a "medical end-result" is when settlement negotiations can begin.  A "medical end-result" means maximum physical improvement following your Massachusetts accident.  Once you have reached that point, your Massachusetts injury lawyer will send a demand package to the insurance company.  This demand package will contain the facts and liability of the Massachusetts accident, as well as all of your medical records, medical bills and proof of lost wages. 

The insurance company generally has thirty (30) days to respond to the demand package.  They will either deny liability or will make a voluntary offer of settlement.  If your Massachusetts personal injury lawyer and the insurance adjuster are able to arrive at a mutually agreeable settlement number, your injury claim will likely settle.  However, if your case does not settle, a lawsuit may have to be filed. 

The length of time it will take to resolve a personal injury lawsuit is generally indeterminate, and depends on a number of factors.  Sometimes the case will settle after a Complaint is filed, and sometimes the case will actually even be heard before a jury.  One thing is for sure and that is that every case is different.

Therefore, in response to the question of how long it takes to settle a Massachusetts injury claim, there is, unfortunately, no real answer.

Tags: settling a Massachusetts injury claim and Massachusetts injury

When Your Personal Injury Case Has Been Referred to Another Attorney

For many different reasons, your Massachusetts personal injury lawyer may terminate the lawyer/client relationship with you.  The lawyer can generally do this at any time unless the case is in litigation.  If the case is in litigation, then the lawyer will need the permission of the court, and the court will only allow the lawyer to withdraw at that point if it is convinced your legal interests will not be prejudiced.

Assuming your case is not in litigation, you may receive a letter from your Massachusetts personal injury lawyer telling you that he is referring your injury case to another lawyer.  That is perfectly fine.  But, the highest court in Massachusetts, the Supreme Judicial Court, announced last fall that the client must be informed about the referral, and must accordingly consent to a fee sharing arrangement between the first lawyer and the second lawyer.  Therefore, if your existing lawyer refers your case to another lawyer, and he expects to receive a referral fee, he will need to have you sign something that says that you consent to the fee sharing arrangement.

Tags: attorney/client relationship and personal injury law

STOP! Don't Sign That Release!

Following your Massachusetts injury, you will probably get a call and/or a letter from the insurance company that insures the person(s) that caused your injuries.  The insurance adjuster will tell you that your injuries are not severe, and that you are not entitled to very much money for your claim.  The adjuster will eventually try to get you to sign a full and final settlement release.  DO NOT SIGN THE RELEASE! 

The release will contain language that will forever bar you from suing the person(s) that caused your injuries, as well as the insurance company.  By signing the settlement release, you are effectively sounding the death knell on your claim.  Have a Massachusetts personal injury lawyer look over the release so you understand what you are signing and what you are giving up.  Do not let the insurance company come at you with a low ball first offer and then try to shove a settlement release in your face.

Tags: settlement release and Massachusetts personal injury settlement