People falling down has provided generations of comedians, from the Three Stooges to Chevy Chase, with material. In real life, there is nothing funny about falling down and being injured because of someone else's carelessness. These cases are typically known as "slip and fall cases." Fellow InjuryBoard lawyer, Benjamin Glass, of Northern Virginia, has written an excellent blog describing some...
Elevators are often described as the safest means of travel. I don't know if that is true, though it may well be, given the untold numbers of times elevators go up and down across America on any given day. Nevertheless, elevators are machines and like all machines, they can and do fail. The reality of a free-falling elevator can be as frightening as the nightmare. The occupant is completely...
For many clients injured in a car accident, the first question asked of the attorney after "is there cream for the coffee," is "how much is my case worth?" That question is always a fair one, but not always easily answered at the beginning of a case. In any personal injury case, value depends on both tangible and intangible elements, many of which, especially the intangible, will not be known...
Every year, the United States Department of Labor publishes a census of occupational injuries. The census gives some insight into the types of jobs in which workers are most at risk. It is a starting point for analysis of work injuries, why they happen, and how to prevent them. In 2005, there were 5,702 fatal job-related injuries reported in the United States. This translated to a rate of 4.1...
I grudgingly give credit where it is due. The insurance, big corporate cabal, has run one of the most brilliant public relations campaign in the history of duping the American public. Their first ploy was the one most essential in any media campaign - they captured the linguistic high ground. Everyone believes in reform in the abstract, and the forces who want to eliminate the rights of...
In a typical year, nearly 750 bicycle riders nationwide may die in car-bicycle crashes. Thousands more cyclists are injured, some with serious traumatic brain injury, spinal cord injury, or other life-threatening harm. Many drivers are hostile to cyclists, resentful if their ride is slowed down for a few moments by a bicycle in front of them, or if they have to move over a foot to give the...
According to the American Automobile Association ("AAA"), American motorists share a fear of being involved in accidents with large trucks. That communal fear is not unreasonable. Approximately 5000 people are killed annually in accidents involving passenger cars and commercial trucks. Fatal car-truck crashes are all too common. While many states have placed limits on the size of trucks' rigs,...
An ongoing theme on this blog site is the hazards of construction work and the justifiable liability for companies that negligently put workers at risk. Two more significant settlements were reported this week in Massachusetts, resulting from serious accidents at construction sites. In the first case, an ironworker fell to his death from a scaffolding 65 feet in the air. A piece of structural...
When attorneys handle a case involving paralysis or other catastrophic injuries, one of the biggest challenges is effectively portraying their impact on the client's life. Words are powerful, but go only so far. One of the most effective tools available to the trial lawyer is the day in the life video. These videos show more dramatically than any verbal description, the difficulties posed by the...
Voir dire is the process whereby potential jurors are questioned before they are selected, to probe for biases that might impair their ability to impartially judge the facts. Voir dire has been described in a "Law Day" outline of the American Bar Association, as "one of the most important aspects of any trial." Massachusetts is one of only a few states in the country in which voir dire is not...
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