Posts tagged general personal 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....

• Spinal Cord Injury

  Ken Margolin | January 22, 2007 1:00 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  An estimated 250,000-450,000 Americans are living with spinal cord injury . The primary causes are motor vehicle accidents (nearly 50%), falls, violence (especially gunshot wounds) and sports activities. The majority of victims are males under the age of 30 (some studies indicate that the age range has risen in recent years). Spinal cord injuries are either complete or incomplete and their...

• Can I Sue if I Receive Workers Compensation?

  Ken Margolin | July 20, 2007 3:30 PM | 0 CommentsBoston, MA Category: Workplace Injuries
  

  I have been asked this question many times over the years by clients who have received serious personal injuries at work. Workers compensation pays the injured employee regardless of whether the employer or anyone else was negligent, and even if the employee's own negligence contributed to his injuries. Worker compensation laws are essential, but they are something of a devil's bargain. The...

• Charitable Immunity is Unjust

  Ken Margolin | September 19, 2007 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Protecting charitable organizations from liability for the negligence of the organization or its employees, may sound noble, but is in fact, unfair. The immunity doesn't really accomplish its goals, and insures that employees of an organization involved in a personal injury lawsuit, will be sued instead of the organization. Here's the way it works in Massachusetts. By statute, M.G.L. c. 231,...

• Caesaren Section Issues

  Ken Margolin | May 21, 2007 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Caesaren sections, commonly termed "C-sections," have been around for centuries. There are reports of C-sections being performed as early as the 13th century. Early C-sections were performed to remove babies from the wombs of mothers who had died during childbirth. Modern Caesaren sections, of course, are a great life-saver for mothers as well as babies. As with all advances in medicine,...

• Protecting Consumers from Binding Arbitration Clauses

  Ken Margolin | July 26, 2007 6:20 PM | 2 CommentsBoston, MA Category: Miscellaneous
  

  Big corporations love binding arbitration clauses. They are hidden in many contracts, requiring the individual to give up his or her right to a jury trial in the case of a dispute with the company. Some clauses attempt to block class actions. When large corporations are safe from class actions, they can cheat large numbers of people in small increments, knowing that paying off the few...

• 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...

• Tainted Beef Sold in Shaw's Supermarkets Recalled

  Ken Margolin | September 06, 2007 1:15 PM | 0 CommentsBoston, MA Category: Defective & Dangerous Products
  

  Ground beef patties sold under the Shaw's supermarket label, were recalled yesterday. According to Fairbank Farms, the company that sells the beef to Shaws, packages with the tainted beef could have been purchased in New England between 7 a.m. - 11 a.m., on Wednesday, September 5, 2007. The 85% lean beef was sold in 1.33 pound packages with the establishment number "Est. 492. The beef was...