What To Do When Your Child is Injured

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf.

It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:

  • Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make every effort to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
  • Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area as in uneven cement, missing drain covers or broken ladders?
  • Did your child get injured by a product or toy that could have been defective? Did parts come off easily which your child swallowed or punctured their skin?

Many parents are hesitant about looking into a claim for their child but many times your child’s injuries are at least, in part, due to the negligence of another party. A parent should consider your child’s pain, what he has suffered, and possible repercussions that could result. Also, there are the immediate medical expenses and those incurred in the weeks or months that follow, especially if looking at surgery or therapy as well as the time from work you’ve missed as the parent taking care of your child.

If you suspect that the accident was due to negligence, it is a good idea to contact an experienced personal injury attorney who will evaluate your case and provide you with options. When you meet with your attorney, bring any information you have. If your child saw a doctor or was hospitalized, bring the medical documentation. Bring photos of the injury or accident site and the names and addresses of any witnesses. Bring an accident report, if applicable, or if the injury is due to a defective product or toy, bring that product if possible. Any and all information will help decide if you have a case and how to move forward.

A child, like an adult, has the same reasonable expectation of not getting hurt or seriously injured due to someone else negligence. If your child has been injured, seek the advice of a seasoned attorney in the field of personal injury to assure that your child’s best interests and rights are properly protected.

Consequences of Devastating Head Injuries

50,000 people lose their lives, 280,000 are people hospitalized and 2.2 million people are seen in emergency rooms: these statistics from the Centers for Disease Control (CDC) show the impact of head injuries in the United States in a single year. The magnitude of these statistics is worthy of discussion; particularly since a traumatic head injury can be the result of car accidents, slip and fall accidents and assaults.

Head Injuries Pose Potential for Long-Term Consequences
While a head injury can have immediate repercussions for victims including headaches, temporary memory loss and feelings of sleepiness, the long-term consequences should not be ignored. Even those victims who suffer very mild symptoms of a head injury after a car accident need to use caution; repeat head trauma has been associated with higher incidence of Parkinson’s Disease and Alzheimer’s Disease. Those with severe head injuries immediately after an accident can suffer from: [Read more…]

Motorcycle Group Ride – Accidents and Injuries

Many motorcyclists are quick to sign up for group rides.  There is no shortage of them especially in Massachusetts.  Our riding season is generally shorter than many parts of the country.

Every weekend there is a group charity ride going somewhere.  Many motorcyclists are willing to quickly sign up to participate for these rides because the cause is important to them.  They are quick to fill out the registration form and pay the fee and they often sign off on the release of liability agreement required to participate in such a run.  Signing a form of this type does not make the ride any safer or remove liability from all participants.
[Read more…]

Personal Injury Cases

  • Attorney Morte has represented the Estates of a young man who was overprescribed medication and who eventually died from an overdose of the medication. Attorney Morte successfully recovered from both the physician who prescribed the medication, as well as the pharmacy who sold the medication to the young man.
  • Attorney Morte was able to secure the policy limits for a woman who was involved in a single car incident caused by a driver who left the scene of the accident. The accident happened at the intersection of Route 495 and Route 290 in Marlborough, MA.  The client suffered a concussion from the accident and which was ultimately diagnosed as a brain injury resulting in a large settlement.
  • Attorney Morte successfully negotiated a settlement for a mason who was injured at work due to the negligence of the general contractor and his employer. The client suffered a debilitation shoulder injury which prevented him from returning to work.  Fortunately, the settlement allowed the worker a financial settlement that allowed him to comfortably live out his retirement years.
  • Often Attorney Morte has represented clients with pre-existing injuries that were aggravated by another accident. These cases are often denied by insurance companies initially.  Attorney Morte has often been able to prove that the injuries are either new or aggravated be the recent events resulting in favorable settlements.
  • Attorney Morte has represented numerous motorcycle operators or bicyclists who were badly injured in motor vehicle accidents. Often there is a bias against these individuals, but the injuries that they sometimes suffer can be catastrophic.  Attorney Morte has successfully resolved a number of these cases.
  • Attorney Morte has represented a number of individuals when they have been injured while working. These cases are often covered under the worker’s compensation law, but there are occasions where the employer fails to properly provide for insurance coverage the employee as such and a direct claim can be made against the employer.
  • Attorney Morte has successfully pursued numerous third party cases against individuals or entities that caused injuries to client’s while they were working. Attorney Morte has successfully maintained third party cases on behalf of police officers, municipal workers, and many others.
  • Attorney Morte has represented a number of individuals who were badly injured when they fell due to the negligence of their landlord or others. Attorney Morte has been successful  in obtaining substantial recoveries for individuals who have sustained ankle fractures, arm fractures or other significant injuries.

Massachusetts Car Accident Expenses – Who Pays For What?

You’ve been in a serious car accident along the busy roads of Greater Boston.  The damage to your vehicle is great, but that doesn’t measure to the pain you’ve suffered from your injuries. Not only is your car totaled, but you’re about to receive numerous medical bills for thousands of dollars.  Who pays for what?

•    Medical Bills
The state of Massachusetts follows the “no fault” system.  When injury occurs from a car accident, automobile insurance will pay up to $2,000 of the medical bills.  After that $2,000, either your healthcare coverage, or P.I.P.(Personal Injury Protection) if you did not have health insurance during the accident, will cover the amount appropriate with the insurance you bought.  However, P.I.P. will only cover up to $8,000. [Read more…]