Wednesday, April 28, 2010

Car, SUV, and Light Truck Accident Injuries, including Disability or Death - Lawsuits in Western Massachusetts

Even with today’s improved safety equipment in vehicles, car, SUV, minivan and pickup truck accidents can have a devastating impact. Whether you’re the driver, passenger, bystander or pedestrian, in an instant you could be seriously injured or incapacitated due to another person’s negligence or recklessness. Examples of negligence include: failure to signal a turn, observe a stop sign, yield the right of way, obey a speed limit, or driving while under the influence of alcohol or drugs. Additionally, the widespread use of cell phones for phone calls and text messaging, distracted operation of car radios, iPods, and other digital devices, even the use of laptop computers while driving can all be contributing factors in vehicle crashes.

No matter if your accident involved a compact car, sedan, SUV, light truck, motorcycle, tractor-trailer or any other vehicle, if the other driver was negligent then there is liability. Determining who is at fault in an accident is usually the primary factor in the outcome of insurance claims and/or lawsuits. Even road designers and builders could be held liable for accident damage if, for example, there was an obstruction or other road hazard, a faultily designed roadway or exit, or a lack of proper lighting or signage. In drunk driving cases, liability is sometime assigned according to “dram shop” laws that apply if a liquor (package) store or bar knowingly sold alcohol to a visibly intoxicated customer. If you can prove that another driver behaved irresponsibly, then his or her insurance company will pay up to that person’s coverage limit, above which the person themselves is responsible.

The results of serious auto accidents are well known, including fatalities or severe injuries to the face, head, arms, legs, back, and neck. Types of injuries include lacerations, scrapes, fractures, contusions, concussions, severed limbs, punctured lungs and internal organ and brain injuries. Pain from whiplash and other spine / spinal cord injuries – such as lumbar or lower back sprains – is also very common after an auto accident. Some injuries can take a few days before the pain and/or disability symptoms start (typically, after the adrenaline or endorphins have subsided), which can make such injuries more difficult to diagnose.

Victims of car crashes are entitled to compensation – including monetary damages for pain or suffering, reasonable medical expenses (both current and- in the case of serious injury, future), and lost wages. There are called “actual damages”, such as lost paychecks and medical treatment costs, and “moral damages”, such as pain and suffering. Insurance settlements and payments are often inadequate to cover the real-world costs of the damages, or compensate victims for their trauma, loss of work, and lifestyle disruption. Payments through Personal Injury Protection (PIP) in Massachusetts usually covers only the first $2,000 of medical bills, although it sometimes can be extended to as much as $8,000. In the event of a severe accident, of course, such amounts are inadequate to cover the amount of lost income and medical bills.

Auto accident claims can be complicated and tricky – especially when there are multiple victims involved – and there are pitfalls that are critical to avoid, such as making statements to an insurance company without your lawyer’s consent or presence. Many victims recover only a fraction of what they’re rightfully owed, especially if they accept an insurance company’s first offer, so beware of legal waivers and quick cash settlements.

It is always crucial to have a trained, experienced personal injury attorney by your side through the difficult process of filing and pursuing car accident claims. At the Law Offices of Sean J. Cleary we have over 15 years of experience in handling these claims and cases in Western Massachusetts, and we will work diligently to ensure that you get the compensation and justice you deserve, whether it be via insurance claims, or litigation. Our office provides professional service with the personal touch, with every case directly handled or supervised by Attorney Cleary.

If you or a loved one have sustained injuries or serious vehicular damage in a car or other motor vehicle accident, call us today and we will set up a free, no-obligation introductory consultation at our office in Amherst, MA. We operate strictly on a “no-recovery-no-fee” basis, where we get paid only if we are successful at recovering money damages for you. We care, and we’re here to help you cope with the complexities of an auto accident claim. If you have difficulty coming to our office, we are glad to meet at your home, office, hospital or convalescent facility. When you need a thoughtful, caring, and well-seasoned personal injury lawyer, the Law Office of Sean J. Cleary is here to serve you.

Construction Site Accidents and Injuries resulting in Disability or Death - Lawsuits in Western Massachusetts

Construction sites are dangerous places, and cause an alarming number of injuries to people every year, far too many of which require hospitalization, cause permanent disability, or result in death.

Massachusetts worker's compensation insurance laws preclude construction workers from filing job-site-related injury lawsuits against their employers in in most cases, but construction site employees may still have personal-injury claims against landowners, vendors, equipment and tool suppliers, crane operators, scaffolding riggers, and other non-employer actors involved in a construction project, on top of any workman's comp payments they may receive.

Construction site hazards created by improper procedures, faulty equipment, untrained crews, insecure storage of materials, failure to secure perimeters (install adequate fencing), poor signage, and overly aggressive construction schedules can all lead to accidents that cause serious injuries. These events can lead to severe consequences for the injured, including pain and suffering, time out of work, lost income, medical bills, rehabilitation expenses, and even permanent disability (which carries with it the ongoing expenses of long-term care).

Construction sites are among the most hazardous workplaces in the country, both to workers and others who must visit or pass through them. According to the US Bureau of Labor Statistics, construction is responsible for the greatest number of deaths of any private work sector – about 1,200 in 2007 and 1,000 in 2008 (along with approximately 500,000 nonfatal injuries). Despite improvements in worker safety programs and equipment over the years, construction can still be a treacherous job. This is true regardless of the specific construction sector considered. No matter if it's residential building construction, heavy industrial plant construction, road, bridge, or other civil engineering construction, or the development of a commercial shopping mall, the specialty trade contractors involved (i.e. carpenters, masons, electricians, roofers, pipefitters, plumbers, welders, etc.) all incur risks inherent in their jobs and also can create situations that cause hazards to other workers and the public.

The dangers are real and numerous. In addition to falls from heights (the primary cause of injury) other incidents include building or scaffolding collapses due to structural failure, injuries caused by improper operation of heavy equipment (like back-hoes, front-end loaders, bulldozers, dump trucks, graders, steamrollers, cranes, Bobcats, cherry pickers and excavators), failure to use protective gear, and unauthorized access to restricted areas.

Accidents commonly involve electrocution, burns from explosions or fires caused by gas-powered welding and brazing equipment, cutting tools, elevators, fork lifts, dumpsters, nailguns, punch presses, and air compressors. Some accidents are due to equipment failure – such as defective tools or machines – and others to operator or supervisor negligence, inaction or inappropriate behavior. Failure to properly maintain equipment is another leading cause of liability in construction site accident cases.

A fall from a ladder, a slip from a roof, being struck by a falling object, or cuts and broken bones from power tools can lay up a worker for an extended period of time, and not all construction jobs provide disability compensation. Furthermore, companies often press their workers to do the impossible – to finish jobs in record time, cut corners, and scrimp on or simply ignore expensive and time-consuming safety measures. Tragically, many- if not most- construction site accidents and injuries could have been prevented with proper safety precautions. While the Occupational Safety and Health Administration (OSHA) is tasked with setting and enforcing workplace safety standards, OSHA cannot inspect everywhere, at all times.

To protect workers and the public against falls, for example, all construction sites should be fenced off and equipped with guardrails, fall arrest systems, safety nets, covers, and travel restriction systems – but many are not, despite State & Federal laws. When a worker, visitor or passerby is injured as a result of such risky conditions, liability is incurred. Whether an injury occurs on residential property, commercial property, or an industrial or road construction site, liability may fall to the owner, contractor, subcontractor, state or municipality, depending on a multitude of factors.

If you, a relative or friend has been injured in a construction site incident, it is critical to consult immediately with a trained, experienced personal injury lawyer who specializes in such matters to determine whether you have a solid case for a lawsuit or insurance settlement. Statute of limitations regulations apply, so it’s critical to speak to a qualified personal injury attorney as soon as possible. Also, location photography, witness interviews, and other evidence-gathering steps must be started without delay for your injury claim to have the best chances for success.

At the Law Offices of Sean J. Cleary, we have over 15 years of experience with construction site accident injury cases in Western Massachusetts. With all personal injury cases, we operate on a “no recovery, no fee” (contingency) basis: i.e. we get paid only if we are successful in recovering money damages for you. If you or a loved one has been injured or killed in a construction site accident, call us today and we’ll set up a free, no-obligation introductory consultation at our offices in Amherst, MA. If you have difficulty coming into our office for any reason, just let us know and we'll be happy to come to you. Construction companies, tradesmen, equipment manufacturers, and landowners all have responsibilities to prevent construction site injuries. When they don't live up to these responsibilities, it's our responsibility to get you the compensation you deserve.

Friday, April 23, 2010

Personal Injury Law: Medical Malpractice resulting in Disability or Death - Lawsuits and Out-of-Court Settlements in Western Massachusetts

Over the past century, modern medicine has made many dramatic advances in the curing of illness, treatment of injuries, and management of chronic conditions. Hospitals today are staffed with highly-trained, experienced doctors, nurses and specialists who regularly perform what would in the old days be considered miracles.

Sadly, even with the best of training, facilities and equipment, medical malpractice in the form of errors, omissions, misdiagnoses, failure to interpret tests properly or order medically necessary tests when required can result in wrongful death or injury to patients. Parents, children, brothers, sisters, and all other relatives, friends, and co-workers suffer along with the patient and can be deprived of income, companionship, services, and other benefits they used to receive from their relationship when the damage done by malpractice results in the wrongful death, disability or serious injury to a person. This is of course in addition to the damage suffered by the patient themselves, should they manage to live through the experience.

When this happens to you or a loved one, you need the services of a highly trained and experienced Personal Injury Lawyer who can investigate the circumstances of the events in question, advise you of your rights under the law given the facts of the case, and navigate through the treacherous waters of settlement negotiation and if required, litigation. The law is strict and unforgiving with regards to documentation and statutes of limitations requirements, so if you think you may have a medical malpractice claim for yourself or a family member, it's very important to contact a competent attorney as soon as possible so you don't forfeit your rights.

At the Law Offices of Sean J. Cleary, we work tirelessly for our clients to get them the justice they deserve. Attorney Cleary personally handles or supervises every case. If you want personal service from a local lawyer who has handled Medical Malpractice cases from lawsuits to out-of-court settlements for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation. If you are in the hospital or of limited mobility, we can easily come right to you anywhere in Western Massachusetts.

With all Personal Injury legal cases, there are no costs to you unless we are successful. We only get paid if we provide you with the compensation you deserve, and our contingency rates are modest and customary.

With all the noise now about "Tort Reform" (limiting patients rights when they suffer from medical errors and negligence) as a theoretical way to reduce medical costs to society, remember why they COUNT medical instruments now whenever surgery is performed. It's because once upon a time, they didn't, and one time a medical instrument was left INSIDE a patient after the surgery was done, causing them much suffering. They SUED, and won a substantial settlement. Now, the practice of counting surgical instruments is established as part of the surgeon's canon. The law works the way it does for good reason. In the high-stakes world of medicine, indifference or incompetence can have deadly or permanently debilitating consequences, so the system is set up to both compensate people who suffer from these things and penalize those who engage in them.

At the Law Offices of Sean J. Cleary, we think that this is the law working the way it was fairly designed to. We work with victims of medical malpractice get them the help they need with medical bills, funeral costs, long-term care, and basic living expenses when they can no longer work. We also help widows, orphans, and others left behind recover from the devastating preventable loss of a provider. We seek justice, and work diligently on our clients' behalf to achieve it.

Thursday, April 22, 2010

Facing Civil Lawsuits as Plaintiff or Defendant in Western Massachusetts

All legal actions except criminal cases are civil actions of some kind. The range of civil cases is vast and includes matters such as disputes between businesses, disputes between homeowners and home improvement contractors, divorces, breach of contract, bankruptcy and all types of personal injury claims

Restraining orders, injunctions to get someone to do something or to stop doing something, consumer protection actions, boundary line disputes between neighbors, and many other conflicts between parties result in lawsuits when the parties cannot work things out on their own and come to an out-of-court settlement.

Civil suits differ widely depending on the issue, but as a rule, with the exception of small-claims court cases, it is critical to have a qualified civil litigation lawyer represent you and to help you prepare your case or defense.

In a civil suit, one party files a written complaint against another party seeking redress, usually in the form of money or for a court order to recover a right or force another party to do something or stop doing something. The parties might be individuals, partnerships, businesses, or nonprofits, and the issues covered are usually matters of "private law" but sometimes can also (or alternately) involve "public law". After a complaint is filed the defendant is given a period of time to file an "answer" which contains their plea in response to the complaint. Once this occurs the "discovery" process begins, which includes witness depositions, document exchange, and written questions called “interrogatories”. Following discovery, the next stages are generally pre-trial motions and conferences, settlement negotiations, and if required, trial and judgment, and then appeals.

The vast majority of civil suits are settled out of court, and some courts require mediation before a case is allowed to go to trial. Despite this, anyone involved in a lawsuit needs to be prepared to face a trial. Settlements are cost-effective and provide for a certain remedy and known costs, so they usually have significant benefits for both parties.

Civil suits are often highly complex, which is why you'll need an experienced attorney’s assistance with your case. Civil cases differ significantly from criminal cases in many ways, yet the same type of legal skills are called for, including the ability to see holes in a witnesses' story, draw connections between relevant facts, and formulate a persuasive argument and present it convincingly to the judge or jury deciding the case.

Two important aspects of civil trials concern “burden of proof” and self-incrimination. Whereas criminal convictions require proof “beyond a reasonable doubt,” the burden of proof for civil cases is merely: “more probable than not”. This obviously is a much less rigorous standard. The scales of justice are an eloquent and evocative example of the meaning of “more probable than not.” In a civil case all the party with the burden of proof is required to do is demonstrate that the scales of justice have tipped ever so slightly in their favor.

There is a third burden of proof that is used in certain specific situations. This burden of proof is known as "clear and convincing evidence". Clear and convincing evidence requires a party to show that it is substantially more probable than not that their version of events is true. The "clear and convincing" standard is rarely applied, but when it is, it's most often used in habeus corpus actions, when a person that is being held in jail claims their rights are being violated.

With regard to self-incrimination, a defendant cannot refuse to testify based on Fifth Amendment protections in civil cases. This can make it easier for a plaintiff to prove his case, as the defendant is subject to criminal perjury charges if he lies under oath, and he won’t be granted the "presumption of innocence" if he refuses to answer the plaintiff’s questions. In a criminal trial, the jury cannot take such a refusal into consideration, but in a civil case they can – and most likely will.

Another important aspect of civil lawsuits is enforcement because just because you win your case, it does not always follow that you will collect what you are due. It's critical that your lawyer has the knowledge and resources to enforce your judgment and take the legal actions necessary to compel its implementation.

If you are involved in a civil lawsuit, either as a plaintiff or a defendant, you want thoughtful, experienced legal representation. At the Law Offices of Sean J. Cleary, we have over 15 years of experience trying civil cases representing both plaintiffs and defendants throughout Western Massachusetts (Hampden, Hampshire, and Franklin Counties). We will strive to ensure that you receive the result you desire, no matter if it's compensation you're due, an action you want taken, or protection from unwarranted demands. We also have experience enforcing judgments and making sure the court's orders are carried out and are tenacious about this aspect of process.

At our local office in downtown Amherst, MA, you will get personal attention to your case, as I will directly handles or closely supervises every case. Call me to arrange a free, no-obligation introductory consultation and evaluation of your case. I will honestly appraise your situation based on the facts presented and tell you how your case might play out, including best-case and worst-case scenarios, chances for success, and legal fees, court costs, and other charges you might incur.