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...
For millenia, people have asked Am I my brother’s keeper? (Genesis 4:9). Throughout my career, it is one of the most recurring questions I have received. Can I be liable for someone’s...
For those of us that have represented plaintiffs' in personal injury cases in Norfolk County, we know before we open our mouths, that the odds are 9-1 against us. Those have been the statistics for...
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...
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...
The Supreme Judicial Court of Massachusetts just ruled that commercial establishments that serve drinks to underage persons (under 21 in Massachusetts) have a higher level of liability than when they serve to legal age, intoxicated patrons. The case, decided on January 9, 2007, is Nunez v. Carrabba' Italian Grille, Inc. The plaintiff, a 19 year old, spent a night drinking heavily at Carrabba's...
Driving while chowing down a donut, alternating the snack with a cup of hot coffee, is a time-honored example of dangerous, distracted driving. Even though driving safety researchers preached that drinking a beverage while driving, could lead to car crashes due to distraction, human nature dictated that eating and drinking while driving, was never going to stop. The ante was raised with the...
You've seen them on television - those private investigators who can solve any crime or get the true story on any disaster while the authorities fiddle around without a clue. If you are old enough to remember "The Rockford Files," then you know how creative television private eyes can be. The work of real-life private investigators is more boring, generally consisting of tenacity, a good...
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...
On July 10, 2006, Melina Del Valle (38) of Boston was killed when a nearly 3000 pound ceiling panel feel from the recently completed I 90/Ted William's Connector Tunnel in Boston's Central Artery. The tragedy follows a decade of concerns over escalating costs related to the tunnel, which included at least one indictment and conviction for false plan submission. Massachusetts Governor, Mitt...
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