Massachusetts Personal Injury Practice Areas and Legal Definitions
Please limit all inquiries to Injury issues in Suffolk, Middlesex or Norfolk Counties.
Massachusetts Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.
Massachusetts Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries, and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.
Massachusetts Construction / On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry, can also cause serious injury and toxic exposure.
Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people, such as lead-based paint which has been linked to brain damage, especially in children; asbestos which causes lung cancer, restrictive lung disease; dry cleaning and other solvents which cause brain damage, major organ damage; pesticides such as dioxin and DDT which cause birth injuries; and toxic landfill waste which causes leukemia.
Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.
Defective Products:
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty.
Massachusetts Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:
- admiralty and maritime law
- ATV accidents
- automobile accidents
- aviation accidents
- bicycle accidents
- boating accidents
- commercial bus accidents
- cruise ship accidents
- intersection accidents
- motorcycle accidents
- pedestrian accidents
- rear end collisions
- semi-tractor trailer accidents
- school bus accidents
- SUV rollover accidents
- train accidents
- truck accidents
- yacht accidents
Massachusetts Wrongful Death:
The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against a defendant.
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Massachusetts, the following elements must be present:
- The death of a human being caused by another's negligent or intentional conduct.
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.
The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his/her spouse, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.
If you or someone you care about in Boston or throughout the Massachusetts Counties of Suffolk, Middlesex, Norfolk, Plymouth, Bristol, Essex, or Worcester needs the assistance and skilled legal counsel of an experienced serious injury lawyer, call MaryLin Beck today at 866-723-8234, or complete the contact form provided on this site to schedule your free initial consultation.
