Boston Injury Lawyer Blog

Beata Swierczynski, the wife of a North Easton man who was struck by an iron grate while driving on Route 128 in Massachusetts last July, is suing five companies for her husband’s personal injuries.

Pawel “Paul” Swierczynski, an engineer, sustained serious injuries, including a traumatic brain injury, after the 250-pound grate crashed into the windshield of his car and hit him on the head.

Paul sustained broken bones, a gash on his head, bleeding inside his skull, and a brain injury. For awhile, he needed a ventilator to breathe properly. Doctors feared he would be paralyzed when he couldn’t move the left side of his body.

Paul, who finally returned home last week, is not the same man. He wears a back brace that encases his chest down to his pelvis. He is afraid of nearly everything and is emotionally traumatized by the accident. He gets headaches when he tries to read and talking can be overwhelming to him.

Neurologists have advised Paul not to work for at least a year. They don’t know whether his condition will improve.

Beata says she expects to be the family’s only breadwinner and a single parent to their 5-year-old daughter and 11-year-old son for many months to come.

Massachusetts’s transportation officials issued a report last week that blamed engineering mistakes as the cause for the bizarre accident, which occurred at an area of the highway in Westwood where roadwork had forced traffic into the lane that was directly over the grate. A truck that drove by had caused the grate to fly into the air. Beata is suing the five companies that were involved in the roadwork project.

Beata and Paul have known each other since they were children living in Poland.

If you or someone you love is seriously injured in a motor vehicle accident or any other kind of injury accident because other parties were negligent, you should speak with a personal injury attorney right away. A personal injury attorney can file a claim or lawsuit against the negligent parties and obtain recovery for medical costs, pain and suffering, lost wages, rehabilitation expenses, ongoing medical care, and other related damages.

Traumatic brain injuries can be very devastating for the injured person and his or her family. TBIs can also be very expensive to treat. Ongoing costs for rehabilitation and special care can be hard to cover on your own—especially if the injured person was the breadwinner of the family. Not only is the life of the victim drastically changed, but so are the lives of family members and friends.

You and your family deserve compensation for the pain and suffering and loss caused by the accident.

TBIs can also be difficult to prove, which is why you need an experienced personal injury lawyer that knows how to handle brain injuries cases and has access to medical experts that understand TBIs.

Paralysis, permanent memory loss, emotional and psychological trauma, personality changes, sensory loss, and the inability to perform certain functions are just some of the serious outcomes that can result from having a TBI.

After grate accident, a dream shatters, Boston.com, September 27, 2007

Related Web Resources:

NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

What is Traumatic Brain Injury?, CDC.gov

Continue reading "Wife Files Personal Injury Lawsuit After Massachusetts Man Sustains Traumatic Brain Injury In Iron Grate Accident " »

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Movie star George Clooney was injured on Friday when the motorcycle he was riding crashed into a car in New Jersey. Clooney sustained a few scrapes, a broken rib, and road rash in the motorcycle accident. His girlfriend Sarah Larson reportedly broke her foot. Both of them were using helmets at the time of the crash, which took place in Weehawken, across from the Hudson River and Manhattan.

Police in New Jersey are still trying to determine whether Clooney or the other driver was negligent in causing the motor vehicle accident. Clooney claims that the driver of the other vehicle, a Mazda Saloon, was signaling to turn left but turned right instead and crashed into the motorcycle. The driver of the car is disputing this account.

If you are injured in any kind of motor vehicle accident, you should hire a personal injury attorney right away so that he or she can investigate your case and determine whether you have grounds to file a personal injury claim against a negligent party.

Injuries in a motorcycle accident can be very serious—especially because riders have little protection (if any). Motor vehicle collisions involving a motorcycle can result in both minor and catastrophic injuries. Motorcycle injuries can include burn injuries, road burns, spinal cord injuries, traumatic brain injuries, broken bones, bruises, disfigurement, and wrongful death.

Common causes of motorcycle accidents:

• A driver fails to notice there is a motorcycle in the vicinity.
• Driver inexperience
• Speeding
• Mechanical failure
• Poor road conditions
• Driver negligence or recklessness
• Drunk driving

In Massachusetts, approximately 42 motorcycle riders die every year.

The Massachusetts Registry of Motor Vehicles says that if car drivers, bus drivers, and truck drivers want to avoid getting into an accident with a motorcycle, they should be especially cautious during the following situations:

• You are making a left turn in front of a rider.
• A motorcyclist is riding in your blind spot.
• There are hazardous road conditions. Potholes, wet leaves, railroad tracks, and other obstructions may force a motorcyclist to take an action you don't expect.
• You have an obstructed line of sight. Sport utility vehicles, delivery vans, and large trucks may block motorcyclists from your view.

Because of the serious and costly nature of motorcycle accidents and injuries, you should speak with a personal injury attorney immediately if you have been injured in an accident—especially before you try to negotiate a settlement with any insurance parties.

George Clooney injured in motorcycle accident, CNN, September 21, 2007

Clooney could face charges after motorcycle crash, The Independent, September 23, 2007

Tips for Sharing the Road, The Massachusetts Registry of Motor Vehicles

On the Road Again, Massachusetts Motorcyclists' Survivors Fund Inc.

Related Web Resources:

Massachusetts Motorcycle Roads, Motorcycleroads.us

Motorcycle Accident Statistics, WebBikeWorld

Continue reading "George Clooney Breaks Ribs in Motorcycle Accident" »

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Anne Dube, the widow of a mechanic who committed suicide after he was fired from his job with National Fiber Technology LLC, has the right to receive death benefits under workers’ compensation. The decision was issued by the Massachusetts Appeals Court in Suffolk County. The court’s ruling affirms the Industrial Accident Reviewing Board’s decision that had been appealed by the Professional Liability Insurance Company.

An administrative judge had awarded Dube death benefits for Gilbert Dube’s work-related back injury, which resulted in pain, deteriorating mental condition, mental unsoundness, and suicide. The board said that Anne Dube was causally connected to the mental unsoundness that was caused by work.

Gilbert Dube was a 50-year-old machine mechanic. He had a history of back problems. He reinjured his back on November 7, 2001 at work when he “jerked” lose a card that had gotten stuck in a knitting machine. On November 26, 2001, he tried to go back to work and assume “light-duty” but was told that there was no light-duty work. He was terminated from his job on December 4, 2001. He killed himself 14 days later.

The board awarded death benefits to Anne Dube.

The insurer appealed the decision saying that the simple causation test to determine the connection between the work-related injury and Gilbert Dube’s suicide was not properly applied. It claimed that being fired, and not the actual work injury, was the predominant cause of the suicide.

The appeals court ruled that the suicide makes Anne Dubbe eligible for workers' compensation benefits if "simply causally connected to the unsoundness of mind resulting from the injury, without having to show any particular quantity or quality of that cause."

Workers’ Compensation
Workers’ Compensation laws give benefits to employees that are injured in a work-related accident. Workers’ compensation protects both employers and employees. Injured employees receive benefits under the law and, in exchange, the employers cannot be sued for personal injury or wrongful death. The issue of who was negligent does not become an issue.

An employee will usually receive medical benefits and money. The widow or widower of an employer killed at work is also entitled to workers’ compensation benefits.

Just because you are entitled to those benefits does not mean that the insurance carrier or the employer will try to contest your claim. This is why you should speak with an experienced workers’ compensation attorney right away so that he or she can protect your rights to compensation and make sure your receive all the benefits that you are entitled to.

Mass. Widow Awarded Workers Comp Death Benefits in Suicide Case, Insurance Journal, September 17, 2007

What is Workers' Compensation

Related Web Resources:

Massachusetts Workers Compensation Law

The Massachusetts Workers’ Compensation Act, Workers' Comp: A Massachusetts Guide

Continue reading "Massachusetts Widow to Receive Workers’ Compensation Benefits For Mechanic Husband's Suicide" »

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A Leicester railroad company worker who says he was hit in the face by a hammer while working in an engine room three years ago has filed an injury complaint against Providence & Worcester Railroad Co. in Federal Court. He filed his work injury case under the Federal Employers’ Liability Act (FELA). Dennis J. Madore is claiming that the railroad company did not provide a safe work environment and was negligent.

In his complaint, Madore was repairing railroad cars in the engine house on December 10, 2004 when his face was accidentally struck with a hammer. The Massachusetts resident says that he suffered great physical pain, and “was made sick, sore and lame.” He claims he has not been able to work since the injury accident and that his incapacitation will continue. Madore says he has been paying for medication for his injuries and that his doctors’ bills are growing.

FELA
Under FELA, railroad workers can claim compensation for medical costs, permanent or partial disability, lost income, and pain and suffering. Railroad employees are not covered by workers’ compensation. They can, however, bring a lawsuit against their employer.

A FELA claim can be brought in state or federal court. A jury decides the monetary compensation, which is determined by comparative negligence. This means that a jury will have to compare how negligent the railroad company was compared to the worker in causing this particular injury accident (from the FELA Help Web site):

• If there was negligence on the part of the railroad, co-workers or other railroad personnel;
• if the plaintiff was negligent and contributed to the accident and resultant railroad injury, and if so to what degree;
• the amount of damages suffered by the railroad worker as a result of the railroad accident

If you are going to file a claim against a railroad company through FELA, you should hire a personal injury lawyer that is experienced in handling railroad accident cases involving railroad employees. You will have to prove negligence in your case in order to convince a jury that you deserve compensation, and a personal injury lawyer that understands the nature of train accidents can help you with this. Even when a worker wins a jury award, it could still take years to receive your recovery—especially if the railroad company decides to contest the award.

Hammer accident leads to complaint against P&W, Worcester Journal, September 17, 2007

FELA - Federal Employers Liability Act of 1908

Related Web Resources:

FELA Help

Continue reading "Massachusetts Man Files Injury Claim Against Railroad Company Through FELA" »

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Four people were injured today in Massachusetts today when a manhole exploded and let out a spray of steaming water that may have contained asbestos. The water hit all four injury victims.

The injury accident occurred in Boston near a building at the corners of Summer and Redding. Boston Emergency Medical Services appeared at the scene after it became known that a hazardous material was possibly involved in the explosion. EMS workers medically monitored and decontaminated the firefighters at the accident scene.

The four injured persons, three of them energy company workers, were also decontaminated before being sent to nearby hospitals for treatment of their injuries.

The Boston Fire Department say they think that it was a steam pipe and not a manhole that exploded.

Asbestos Exposure
Exposure to asbestos can lead to catastrophic injuries, such as lung cancer, mesothelioma, and asbestosis. Although the dangers of asbestos exposure increases the longer the exposure time, there have been cases where someone has briefly been exposed to it and ended up with malignant mesothelioma.

If you become sick because of exposure to asbestos on the job, you may not be able to file a personal injury claim against your employer because you are likely eligible for workers’ compensation benefits. An experienced personal injury attorney can make sure that you receive all the benefits that you are eligible for. Your personal injury lawyer can also help you determine if there are third parties that can be held liable for your illness.

According to Allasbestos.org, Massachusetts is ranked 11th in the United States among the 50 states and the District of Columbia for having the highest number of asbestos-related deaths- from 1,355 fatalities to 1,715.

Hub Steam Explosion Injures Four, Boston Herald, September 12, 2007

State Ranking of Asbestos Related Mortality Rate, Allasbestos.org

Related Web Resources:

Massachusetts Workers Compensation Law, Workers Compensation Insurance.com

Asbestos, EPA.gov

Continue reading "Hub Steam Blast that Injures Four in Massachusetts Raises Concerns of Asbestos Exposure" »

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Reports made to the FDA (Food and Drug Administration) show that the number of serious injuries and deaths caused by over-the-counter medicine and prescription drugs grew significantly between 1998 and 2005.

Out of the 467,809 drug-related injuries and fatalities, nearly half of these cases could be attributed to 51 drugs. Drugs that affect the immune system, and painkillers, such as oxycodone, reportedly caused a lot of the deaths. The drugs most frequently linked to serious complications that weren’t fatal included Vioxx, Paxil, Remicade, and insulin.

The death toll from using prescription and over-the-counter drugs was three times higher in 2005 than in 1998:

• In 2005, over 15,000 people died because of reactions to drugs.
• 5,519 people died from using prescription and over-the-counter drugs in 1998.
• In 2005, 89,482 injury cases were caused by serious side effects from drug treatment.
• There were 34,966 reported injury cases caused by side effects in 1998.
• There are at least 500 injury cases involving Estrogen every year.
• More women were affected by pharmaceutical drugs than men.

This analysis can be read in the latest issue of Archives of Internal Medicine.

If you or someone you love has become seriously ill while using a prescription drug or over-the-counter medication, you should speak with a personal injury lawyer right away.

It can be very hard to prove that an illness, serious injury, or wrongful death was caused by a pharmaceutical drug. An experienced personal injury attorney will know how to investigate and prove your products liability case.

Although the FDA is supposed to prevent drugs that are not safe from entering the marketplace, sometimes, the problems with a drug are not discovered until after people have started to get sick or die. Illness, injury, or death caused by a defective drug can be grounds for a products liability claim or lawsuit against the drug manufacturer and/or distributor.

Even if a drug has been pulled off the shelf, you could still be entitled to compensation via pharmaceutical litigation if you are an injury victim.

Here is a list of some other drugs that have been the subject of drug litigation cases:

• Ephedra
• Fen-Phen
• Prempro
• Accutane
• Serzone

Analysis: Deaths from drug reactions up, Boston.com/AP, September 11, 2007

Reports of Drug Side Effects Rise, U.S. Study Finds, Bloomberg.com, September 10, 2007

Related Web Resources:

U.S. Food and Drug Administration

Archives of Internal Medicine

Continue reading "U.S. Drug Data Study Shows Deaths and Injuries From Pharmaceutical Drugs Are Rising" »

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An inbound Green Line trolley and a flatbed truck crossing the trolley tracks near Coolidge Corner collided on Tuesday. The crash caused the truck to flip onto its side across the tracks on Beacon Street. Fuel was spilled onto the road. The trolley was carrying 200 passengers and traveling at 10 mph.

The truck’s driver and three passengers that were riding the trolley were taken to area hospitals. They sustained neck and back injuries in the trolley-truck accident.

In Massachusetts:

• Approximately 34 fatal truck accidents occur every year
• 1.075 truck crashes are non-fatal

Common causes of truck accidents include driver fatigue, aggressive driving, defective breaks, tires, or lights, cell phone use, driving longer than the number of hours that are legally allowed, speeding, and failure to properly inspect trucks for maintenance.

Trucks and trolleys, as well as other vehicles designated for public transportation, must follow more stringent safety requirements than the drivers of motorcycles and cars. If these regulations are disregarded and a driver of a truck or trolley causes an accident that injures or kills another person, a personal injury or wrongful death case can be brought against the driver.

There is also a possibility that the truck company or trolley company could be held liable if their actions—or inaction--enabled the accident in any way. The truck in this accident is owned by Rebars & Mesh Inc., a steel and concrete company from Haverhill.

Collisions involving large trucks and other large vehicles frequently lead to serious injury and death. One of the reasons for this is that these kinds of vehicles are so heavy that the damage they inflict upon collision can be catastrophic.

MBTA trolley, flatbed collide; 4 hurt, Boston.com, September 5, 2007

Truck Accidents, Lawcore

Related Web Resources:

Federal Motor Carrier Safety Administration
Massachusetts Bay Transportation Authority
Rebars and Mesh

Continue reading "Four People Are Injured in Massachusetts When Trailer and MBTA Trolley Collide" »

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Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe—even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise—whether or not he or she entered the property with permission—the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007

Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia

Continue reading "Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental" »

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Posted In: Premises Liability , Wrongful Death

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The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007

Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org

Continue reading "To Prevent Personal Injuries and Motor Vehicle Accidents in Massachusetts, Junior Operator License Law Calls For Teen Drivers to Spend More Time Driving With Adults " »

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Posted In: Car Accidents , Injuries to Minors

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