Individuals who have been injured in a Massachusetts car accident as the result of someone else’s negligence or wrongdoing may be able to file a personal injury claim against the at-fault motorist seeking compensation for damages. Some people decide to do so with an experienced Massachusetts personal injury lawyer on their side. Others choose to do it on their own. Regardless of the decision you make, it is important that you understand some of the most common myths about accident injury cases. Buying into these myths or believing them to be true can seriously affect your ability to obtain fair compensation for your losses.

The first myth is that the insurance companies are here to help you in your time of need. Believing that myth can land you in serious trouble. Insurance companies have always been well-oiled money making machines. Insurance adjusters are trained to ensure that your claim’s value is reduced if not completely eliminated. Paying you will affect their bottom line. Do not be bullied or intimidated by the insurance company. You do not have to talk to them or provide recorded statements. Always wait until you get legal advice.

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In a June 27 blog post we covered the case of a Massachusetts man, Simon Glik, who was arrested in 2007 after videotaping an arrest being conducted by police. In 2010, after the State of Massachusetts dropped charges against him, he sued the city of Boston and three police officers for violating his First and Fourth Amendment rights. The case was heard in June 2011 by the First Circuit Court of Appeals. On August 26 the Court delivered its ruling, concluding that citizens have a constitutionally protected right to videotape police officers who are making an arrest.

The Circuit Court stated the following in its opinion (PDF): “[T]he defendant police officers challenge an order of the district court denying them qualified immunity on Glik’s constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.” (more…)

If you have suffered injury or illness due to a botched surgery, improper treatment, failed diagnosis or misdiagnosis, you may have the legal right to initiate a medical malpractice lawsuit, and seek the rightful compensation for your injuries.

To find the answers you need before you take any legal action in Massachusetts, consult with an experienced Boston personal injury lawyer that specializes in medical malpractice cases.

Your attorney will help you determine the full extent of your injuries, all the negligent parties, and what your case may be worth. (more…)

Swimming is one of the greatest summer activities for children, but with all the fun also comes the inherent risk of injury, and in some cases, death from drowning accidents.

Swimming pool accidents, for example, are responsible for thousands of reported child injuries in the U.S., including broken bones, spinal cord injuries, head trauma and other injuries. Young children are especially prone to injury or death from drowning resulting from pool accidents.

The accident statistics for childhood swimming pool accidents are pretty grim. Roughly 1,500 children drown each year in pool accidents in the U.S., many of which happen in their parents’ home pools. Furthermore, drowning deaths to children under 14 are the second leading cause of childhood mortality – second only to death from auto accidents.

Parents need to realize that their swimming pools pose a great danger to their young ones, and that important safety steps need to be implemented to protect children from accidentally drowning or injuring themselves at the pool.

Preventing Swimming Pool Accidents

Parental supervision is key, but it is not the only factor in preventing a child swimming pool injury.

According to Safe Kids USA, 88% of the children who died in swimming pool accidents were actually supervised at the time of the accident, either by a lifeguard, parent, sibling or family friend. Only 10% of child drowning victims were completely unsupervised.

With this in mind, it is important to look at the other safety steps essential to protecting children from swimming pool accidents:

• Drain Covers: A new federal law now requires all public pools, hot tubs and spas to be equipped with drain covers that are certified to comply with the new ASME/ANSI 2007 standard, as well as other safety measures to prevent entrapment and evisceration.
• Learn CPR and be ready to use it should an accident occur.
• Know where all the electrical switches and circuit breakers are for pool equipment and lights as well as how to turn them off in an emergency.
• Use battery-operated appliances instead of corded appliances in and around the pool.
• Cover your swimming pool when not in use to prevent a toddler from accidentally falling into the pool.

Contacting a Lawyer After Your Child’s Accident

If your child has been injured or killed in a Massachusetts swimming pool accident, you should consult with a Boston personal injury lawyer to determine who is at fault.

Your attorney should have experience handling child injury cases in the Boston, Massachusetts area, and understands the intricacies of pool accidents.

The Boston child injury attorneys at Kiley Law Group will fight for the best possible compensation the child deserves for the physical, emotional and financial pain resulting from the accident.

To get started, call 800-410-2769 for a Free legal evaluation of your case.

Cerebral palsy affects about 10,000 U.S. babies each year. According to the Centers for Disease Control and Prevention (CDC), approximately 2 to 3 children per 1,000 have developed this devastating disorder that affects body movement, balance and posture.

Infants with cerebral palsy have delayed development, and for some individuals, cerebral palsy may also lead to mental retardation and other serious problems.

What Causes Cerebral Palsy?

Cerebral palsy is believed to be caused by abnormal development or damage in areas of the baby’s brain that control muscle tone and motor movement.

Cerebral palsy occurs in infant due to brain damage during pregnancy, birth or up to two years following birth.

Some of the factors associated with cerebral palsy include: (more…)

According to the Centers for Disease Control, about 18 percent of all emergency hospital visits relating to traumatic brain injuries involved children aged 0 to 4 years. Brain injury is the most frequent cause of death and disability among children in the United States. Nearly 1 million children suffer brain injuries each year and about 165,000 require hospitalization.

Traumatic brain injuries occur as a result of a sudden, violent blow to the head. Child brain injuries, are extremely common in Massachusetts and the rest of the United States. Regardless of how they are caused, the effects of brain injuries can be permanent and lead to a lifetime of special needs, medical care and continuing rehabilitation.

Among teenagers, the most common cause of brain injury is auto accidents. Among younger children, especially those under 4 years of age, falls are the most common cause for traumatic brain injuries. Sports-related injuries, where children are hit by a bat or ball or football-related head injuries can also result in brain damage. Adolescents and young adults are also at risk for assault-related brain injuries including those caused by a firearm. Child brain injuries can also be birth injuries that result from medical negligence during labor and delivery. (more…)

Riding a bike is one of the kids’ favorite activities in spring. However, collisions with motor vehicles account for nearly 90% of all bicycle-related deaths, and 10% of all non-fatal injuries in the United States.

Besides teaching their children how to ride bikes, parents should also brush up on how to keep their children safe while riding bikes.

1. Wearing a helmet: Parents should teach their children to always wear a bicycle helmet. Furthermore, the child’s helmet must be the appropriate size and shape and fit CPSC’s safety standards.
2. Riding the Right Bike: A child’s bike needs to be the right size so children can ride it safely.
3. Road Rules and Traffic Laws: Parents should go over the basic road rules and traffic laws with their children before going on a ride. Kids need to remember things like:

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Bicycle accidents involving children can sometimes lead to serious head injuries, and even death. Bike accident statistics show that a person riding a bike without a helmet is 14 times more likely to be involved in a fatal bicycle accident than bicyclists with helmets. Also, an estimated 45-88% of the brain injuries caused by bicycle accidents could have been avoided if the bike rider wore a helmet.

Common sense tells us that the best way to protect a child from head trauma is educate them on the importance of always wearing a helmet.

However, what are the consequences of wearing a defective bike helmet? While bike helmets are designed to protect the head from heavy impact, sometimes helmet manufacturers do make mistakes, and bike recalls do exist.

Risk of Injury From a Defective Bicycle Helmet

A defective bike helmet can pose a significant risk to your child in the event of a bicycle accident since it fails to provide protection in one or more of the following ways:

- Insufficient protection by the hard outer shell of the helmet.
- A soft, inner padding that fails to cushion the skull and brain from injury.
- Overall failure to protect the brain from moving abruptly inside the skull.

Some of the injuries that can result from defective bike helmets include brain trauma, fractures to the skull and face, concussions, and death.

Seeking Legal Advice Concerning Your Child’s Injuries Due to a Defective Helmet

A traumatic injury to your child stemming from the use of a defective helmet in a bicycle accident may have lifelong consequences for your child and the rest of your family. You child may suffer life-altering brain damage and disabilities, which will put an extra emotional and financial burden on the entire family.

If a helmet manufacturer is liable for your child’s head injury in Massachusetts, you may be entitled to bring a lawsuit against them. To find out about your legal options, it is best to consult with a Boston child injury lawyer today.

It is important that the lawyer you choose has a previous experience of successfully handling defective products cases and understands the intricacies of child injuries caused by bicycle accidents, particularly regarding bike helmets usage.

Call 800-410-2769 to speak with a Boston personal injury lawyer today. Free Consultations.

A 6-year-old Massachusetts boy was struck and seriously injured in yesterday’s hit-and-run accident in Mattapan. The boy was hit by a maroon Mitsubishi as he darted out from between two parked cars on Delhi Street in Mattapan. The driver then fled the scene, leaving the injured boy behind.

Emergency rescuers rushed the child to a Boston hospital with serious, but non-life-threatening injuries.

The driver has not yet been identified. Police are still looking for a maroon Mitsubishi with a tan or beige top, hoping to catch the irresponsible driver.

Hit-And-Run Accidents in Massachusetts

Pedestrians face the biggest risk of injury and death when struck by a motor vehicle. In the precious moments following an accident, a person’s life may be saved by promptly summoning medical help, but when the victim is struck by a driver who flees the accident scene, there may be no one to help the struck down person and call 911. (more…)

A tragic escalator accident in an Auburn mall which claimed the life of a 4-year-old Massachusetts boy resulted in a generous gift to four people after the boy’s family donated his organs.

The little boy, Mark DiBona, of Dudley, lost his life earlier this month after he fell from an escalator on the second floor of a Sears store at the Auburn Mall. He suffered fatal injuries to the head in the fall and died at a hospital the next day.

His family announced at his funeral that little Mark’s heart will be donated  to an 8-year-old boy waiting for a heart transplant. Furthermore, Mark’s liver was donated to a 6-month old baby, and his kidneys were given to two other patients. The identity of the recipients were not disclosed.

We have nothing but respect for Mark DiBona’s family who found strength in their pain to honor their boy by giving life to four other people in a desperate need of organ transplants. (more…)