Posts tagged General Personal Injury

• Construction Accidents

  Ken Margolin | October 24, 2006 8:10 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Construction is a dangerous job. In a typical year, construction workers suffer more on-the-job fatalities than any other category of employee. Some accidents are inevitable. Many, however, are preventable and are due to contractors or subcontractors cutting corners, gambling with workers' safety in order to gain contracts or maximize their profits.Several categories of hazards account for a...

• Dangerous Toy Choking Hazard

  Ken Margolin | October 24, 2006 7:00 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Last month, the Consumer Product Safety Commission (CPSC) recalled Walmart's Baby Cookie Monster Toys. The plush Sesame Street character came with a small cookie attached to its hand.The CPSC determined that the cookie could be easily removed by a small child and the cookie stuffed by the child into his mouth creating a choking hazard. Fortunately, the federal safety agency discovered this...

• The Morality of Personal Injury Law

  Ken Margolin | October 23, 2006 1:17 PM | 0 CommentsBoston, MA Category: Miscellaneous
  

  "Tort Reform" is the rallying cry of a multitude of business and insurance groups who claim that our personal injury ("tort") system causes everything from physician shortages to competitive disadvantage in the global economy. The subtle message is that personal injury lawsuits are motivated by greed, and that injured plaintiffs and their lawyers are perpetrators of social harm. That message is...

• Judge Rules Doctor May Owe Duty to Third Parties

  Ken Margolin | October 19, 2006 12:00 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  A Massachusetts Superior Court judge ruled that a doctor negligently failing to advise his patient, may be liable to a person injured by the patient. Judge Peter W. Agnes, Jr., denied the defendant doctor's motion for summary judgment in the case of a motorcyclist seriously injured by a driver whose diabetes medication made him lose consciousness.Judge Agnes ruled that the plaintiff produced...

• When to Call an Attorney

  Ken Margolin | October 18, 2006 12:00 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  The answer to the question, "when should I call a lawyer after I've had an accident?" is almost always, "right away." Contacting an attorney as soon as possible after an accident or possible medical negligence, can increase the odds of a good result if the facts warrant filing a lawsuit.In a highway accident case, for example, it is important for your attorney or his investigator to interview...

• Bad Faith Insurance Practices

  Ken Margolin | October 17, 2006 7:00 AM | 0 CommentsBoston, MA Category: Miscellaneous
  

  Massachusetts law requires insurance companies to make "prompt, fair and equitable settlements of claims in which liability has become reasonably clear." M.G.L. c. 176D, §3(f). An insurer's failure to do so is an unfair trade practice, theoretically exposing the insurer to double or treble damages plus the plaintiff's attorneys fees. It is also an unfair insurance practice for an insurer to...