Posts tagged brain injury

• Falling Down Stairs

  Ken Margolin | February 15, 2007 7:00 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed....

• The Video Settlement Brochure

  Ken Margolin | June 22, 2007 12:20 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  In a previous blog, I wrote about day-in-the-life videos. These are videos that film a severely injured plaintiff and capture vignettes of a typical day, in a 20 - 30 minute movie. If done properly, they can be shown to a jury at trial. Another tool that any lawyer representing a client with catastrophic injuries may consider, is a video settlement brochure. In the video settlement brochure, the...

• Mediation of Personal Injury Cases

  Ken Margolin | May 31, 2007 7:00 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Clients often ask me if "my case will have to go to court?" By that question, they mean, will it have to be tried before a jury, or will it settle "out of court." Most clients, even those who appreciate that they could get significantly more money with a verdict than through settlement, prefer the surety of a settlement over the high stakes gamble of a big score vs. nothing. Sometimes a case...

• Catastrophic Injury Cases and the Day in the Life Video

  Ken Margolin | November 08, 2006 11:30 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  When attorneys handle a case involving paralysis or other catastrophic injuries, one of the biggest challenges is effectively portraying their impact on the client's life. Words are powerful, but go only so far. One of the most effective tools available to the trial lawyer is the day in the life video. These videos show more dramatically than any verbal description, the difficulties posed by the...

• Ashamed at the thought of bringing a lawsuit?

  Staff Writer | April 01, 2006 12:03 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Many prospective clients open our conversation with an apology. They feel ashamed for wanting to use the court system and bringing a lawsuit against a corporation or a doctor. They then assure me that they're not sue crazy, and that they have tried every other means of resolution apart from bringing a lawsuit. As I write this, powerful corporate interests lobby members of the legislature to...

• Home Depot's Falling Merchandise

  Ken Margolin | August 01, 2007 3:30 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Obtaining data on the number of people injured at big box stores such as Home Depot, is difficult. The information is guarded like state secrets. Data generated in litigation, however, has revealed that the big box giant, Home Depot, has had an ongoing problem with falling merchandise killing and maiming customers. One lawsuit revealed that in the late 1990s and early 2000s, more than 2,200...

• Liquor Licensee Liability Laws

  Ken Margolin | January 16, 2007 5:00 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Most states in the US have some form of laws imposing liability on liquor licensees that serve liquor to clearly intoxicated persons who then go out to cause injury or wrongful death to a third party, usually by causing a car crash. The laws are known as "dram shop" acts. Organizations such as MADD (Mothers Against Drunk Driving) have been quite successful in campaigning and lobbying to get...

• Hospital Falls

  Ken Margolin | September 17, 2007 3:45 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  A great deal of attention has been paid lately - rightfully so - to the subject of infections contracted in hospitals. Less focus has been placed on another source of serious and preventable injuries in hospitals - falls. The result of a fall down injury in a hospital may be severe. Patients are ill and often debilitated or disoriented to begin with. If a patient's condition presents any...

• PET Scan Aids Large Brain Injury Settlement

  Ken Margolin | August 29, 2007 1:40 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  This week's Massachusetts Lawyers Weekly, reported a $3.3 million dollar settlement in a brain injury case. The plaintiff was a contractor in his mid-40s, who was allegedly struck by an improperly secured piece of equipment, while climbing a ladder in a poorly-lit area of the water supply tunnel project on which he was working. After the blow, he complained of headaches, hypersensitivity to...

• Swimming Pool Accidents

  Ken Margolin | March 20, 2007 1:45 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Swimming season is not far off, and with it will come the inevitable swimming pool tragedies. Most likely to experience pool accidents are children, usually because they fall into pools while supervising adults are not present. Persons with backyard pools who have children, or whose neighbors have children, are therefore advised to install appropriate fences, door alarms and/or pool covers to...