Boston Injury Lawyer Blog

A jury in Massachusetts has awarded Louise Scialdone, a 58-year-old Somerville resident, $10 million in her personal injury lawsuit against the Massachusetts Transportation Bay Authority (MBTA). The total sum, interest included, is nearly $12.8 million.

Scialdone sustained a traumatic brain injury when an MBTA bus hit her on February 4, 2004. Scialdone used work with the Massachusetts Department of Transitional Assistance as a clerk.

Scialdone had a walker because she suffers from arthritis. She was struck while waiting for the bus at the stop on McGrath Highway.

The driver apparently lost control of the bus, which then struck Scialdone. She flew five feet before her head struck a parked car. One witness said the driver was operating the bus at about 30mph and was moving too fast for the icy road conditions.

The driver was suspended for one day and continues to be employed with the MBTA.

Scialdone can no longer work and has memory and balance problems. Once a voracious reader, she can only absorb reading material up to the level of a third grader, and she is sensitive to noise and light.

Because of her condition, she only appeared in court for part of the trial. Her daughter, Stephanie Mackesy, says Scialdone can no longer take part in the same activities she used to enjoy with her 14-year-old granddaughter.

Scialdone will use the recovery awarded by the Middlesex County jury to pay get better 24-hour care, which she requires because of her TBI. This care costs about $200,000 annually. She will relocate to a brain injury rehabilitation center. Scialdone currently lives in a nursing home.

MBTA’s insurance will only cover the damage amount over the first $7.5 million. It is not yet known whether the MBTA, which has been having financial problems, will appeal or find a way to pay Scialdone.

If you have suffered a traumatic brain injury in an accident caused by another party’s negligence, or if you have been seriously injured in a motor vehicle accident anywhere in Massachusetts, our Boston personal injury law firm would be happy to speak with you.

T policy falls short on injury award, Boston Globe, February 12, 2008

Woman struck by MBTA bus awarded $10 million in damages, Boston Herald, February 12, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

What is Traumatic Brain Injury?, National Institute of Neurological Disorders and Stroke

Continue reading "Jury Awards Brain Damaged-Massachusetts Woman Hit by MBTA Bus $10 Million Personal Injury Verdict" »

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Posted In: Bus Accidents , Personal Injury , Traumatic Brain Injuries

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Every year, around 44,000 Massachusetts residents suffer from traumatic brain injuries (TBIs) caused by accidents. Car accidents, truck accidents, pedestrian accidents, fall accidents, sporting accidents, shaken baby syndrome, and physical assaults are some of the common accidents that can lead to TBIs.

A traumatic brain injury from an accident is usually caused by a jolt or blow to the head area. A brain injury can be located in just one area of the brain or diffused over more than one area. Traumatic brain injury symptoms can range from mild to severe and will vary depending on the degree of damage sustained by the brain.

TBI symptoms can include:

• Numbness
• Problems communicating
• Difficulty swallowing
• Difficulty thinking clearly
• Difficulty paying attention
• Poor judgment
• Problems sleeping
• Headaches
• Nausea
• Fatigue
• Balance problems
• Ringing in the ears
• Amnesia
• Mood swings
• Sexual dysfunction
• Seizures

Traumatic brain injuries can be temporary or permanent—again, depending on the seriousness of the TBI. Paralysis, coma, behavioral and emotional problems, the impairment of regulatory functions in the body, psychological trauma and difficulties, and death can also result.

TBI’s can be life altering and traumatic for TBI victims, their family, and friends. The recovery services and/or long-term care required to treat a TBI can be very expensive. This is why it is so important that you speak to an experienced Massachusetts traumatic brain injury lawyer right away. Your TBI attorney can prove that your brain injury was sustained in an accident that was caused by another party’s negligence or carelessness. You may be entitled to receive personal injury compensation for your TBI.

You cannot afford to handle this type of case without a personal injury lawyer. TBI injuries are complicated to prove, and your TBI attorney can work with experts who know how to determine the extent of your injuries and how much medical care and recovery you will need.

Brain Injury Survivors Come to Grips with New Lives, Boston.com, November 18, 2007

What is a Traumatic Brain Injury, Brain Injury Association of Massachusetts

Related Web Resources:

Brain Injury Types, Head Injury.com

Traumatic Brain Injury, National Institute of Neurological Disorders and Strokes

Continue reading "Some 44,000 Massachusetts Residents Suffer From Traumatic Brain Injuries Caused by Accidents " »

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Posted In: Traumatic Brain Injuries

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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 " »

Posted by Altman & Altman | Permalink | Email This Post

Posted In: Traumatic Brain Injuries

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