Boston Injury Lawyer Blog

Seat belt usage has a direct correlation to motor vehicle safety. It is the law in Massachusetts and it is especially important for the safety of children in motor vehicles because motor vehicle collisions are the leading cause of death for young children. The Massachusetts Child Passenger Safety Law requires that all children under the age of 8 years old to (and shorter than 57 inches) be in a child passenger restraint.

The statistics show that seat belt use is highest it has ever been. Nevertheless, seat belt use in Massachusetts is significantly lower than the national average. Wherefore, the Massachusetts Department of Transportation's "Click It or Ticket" campaign is worth using as a reminder to keep your children, and ourselves, safe.

A report by the Institute of Medicine is good advice for Boston residents. Noting that Massachusetts and "The vast majority of the U.S. population is consuming sodium at levels that are simply too high to be safe," the report called on the Food and Drug Administration to mandate maximum levels of sodium in food. While the attorney's at the Law Office of Neil Burns help Boston area residents hurt in car accidents, slip and falls, and other personal injuries, we, at the same time, always strive to help keep Boston and Massachusetts area residents informed of safety tips for healthier lives.

The FDA report, commissioned by Congress, notes that an increased sodium diet is linked to high blood pressure. Of course, high blood pressure can lead to heart disease. Thus, the FDA concludes that cutting salt in diets could prevent 100,000 deaths each year. Because is no restriction on salt in prepared foods, it is currently hard to ban even a specific amount. Thus, the recommendations seem to be to determine what level of salt is appropriate and to work toward recommendations along those limits.

In a continued effort to advise Boston and Massachusetts parents of trends affecting their children, the Boston Law Office of Neil Burns is posting this article regarding fast-food toys, like those found at McDonald's, being banned in San Francisco. Since 1985, the attorneys at the Law Office of Neil Burns have represented children injured in accidents. We always seek to provide information to help keep children in Boston and throughout Massachusetts safe and healthy.

With a 25% child obesity rate, the politicians in Santa Clara County banned fast food restaurants from giving away toys unless the meals meet national nutritional standards. While we don't promote one political decision over another, we do promote education of consumers. This measure, especially if it is fought by the McDonalds of the world, will get publicity and perhaps educate parents and children of the dangers of obesity.

Considered the first law of its kind we urge Massachusetts consumers to follow the news on this important issue.

Boston residents recently came together to stem the tide of Massachusetts Child Labor Law violations, work-related injuries, and deaths at a conference organized by youth leaders from the Community Action Agency of Somerville (CAAS) and the Teens Lead at Work program at MassCOSH (the Massachusetts Coalition of Occupational Safety and Health). The attorney's at the Boston office of the Law Office of Neil Burns want Massachusetts children to stay safe. The Law Office of Neil Burns can help if your child is injured or hurt in an accident.

With summer just around the corner and tens of thousands of young people entering the workforce in Massachusetts, Governor Deval Patrick has proclaimed May "Safe Jobs for Youth Month" to focus attention on preventing child workplace injuries and deaths.

Continue reading "May is Safe Jobs for Youth Month" »

Massachusetts statistics cited by the National Safety Council in its recent editorial regarding banning the use of cellular phones while driving; distraction is a problem in a large percentage of crashes. The Boston injury attorneys at the Law Office of Neil Burns has experience in cases where distracted drivers have caused car accidents where serious personal injury results. The Law Office of Neil Burns has represented Boston and Massachusetts area residents injured as a result of distracted drivers.

According to the NSC, cell phone distracted driving is the cause of 25% of all collisions in the US. That is 1.4 million collisions with 645,000 injuries as a result of cell phones! Further, they estimate that 40% of all fatalities are cell phone related. The US Secretary of Transportation, Ray LaHood called it the "deadly epidemic" because it kills 6,000 people per year.

At this point 25 states have banned texting while driving and Massachusetts is working on a bill that would do so, at least for teenaged drivers.

Massachusetts' Boston Municipal Court, Appellate Division, recently held that a Massachusetts insurance company cannot be held liable under Massachusetts General Law Chapter 93A when it refuses to pay a medical bill submitted under the PIP portion of an automobile insurance policy when the treatment associated with the bill is not "reasonably clear." The attorney's at the Boston Law office of Neil Burns can help if you are injured in a car accident. The details as described below show there are many details involved in filing a personal injury. The Boston lawyers at the Law Office of Neil Burns can help.

The case involved the defendant, Commerce Insurance Company, who the injured plaintiff charged with violating Massachusetts General Law Chapter 93A, when Commerce Insurance refused to pay the injured plaintiff's $250 medical bill. The Court affirmed the lower court's decision dismissing the case because it found that under the circumstances, the insurer acted reasonably.

Continue reading "Massachusetts 93A Damages Against Insurer" »

Massachusetts Wrongful Death Laws allow for recovery against people who are negligent, people who cause death by "willful, wanton or reckless" conduct, against common carriers, and against corporations for defective products. In 25 years of practicing law in the Commonwealth of Massachusetts I have seen far too many wrongful death cases.

In all wrongful death cases, the executor or administrator of the estate must be the party bringing the claim and filing the lawsuit on behalf of the family. Therefore, seeking appointment in the Probate Court is a critical first step.

Who can recover? Absent a will, there are clear laws as to who can recover against a wrongdoer. If there is a spouse and no children, the spouse recovers. If there is a spouse and one child, the spouse receives one half of the recovery and the child share the other half. If there is a spouse and more than one child, the spouse receives one third of the recovery. Of course, it gets more complicated if there is no spouse or children. To further complicate a wrongful death case, distribution is not necessarily awarded based on the law outlined above; a jury can allocate monetary compensation in any proportion supported by the evidence.

Continue reading "Victims of Wrongful Death in Massachusetts" »

According to reports, the rate of injuries and deaths for motorcycle riders is dramatically rising in the 55 -64 year old category. According to a study by the Massachusetts Department of Public Health, from 1998 to 2007, the rate of increase was 400%! The second largest increase was in the folks from 45 to 54 year olds. As lawyers who represent victims of motorcycle cycle accidents in Massachusetts, we urge riders to be safe out there.

A University of Rochester study concluded that older motorcycle riders have more frail bodies, and carry medical baggage that lends itself to inability to recover from injuries. At the Boston Medical Center Emergency Room, doctors report a disproportionate amount of head traumas from motorcycle accidents in older riders. Doctors attributed this to older folks having more stretched blood vessels, which are susceptible to tearing when stressed in an injury.

Boston's Massachusetts Coalition for Occupational Safety and Health, and the Massachusetts AFL-CIO, located in the Boston suburb of Malden, have recently released a report documenting that sixty-two people died from work-related causes last year. The workplace injury attorneys at the Boston office of Law Office Neil Burns know that safety is the first step in preventing personal injuries and avoiding work related deaths.

The groups are advocating for stronger workplace protections for Massachusetts workers. Industrial accidents, motor-vehicle crashes, workplace falls, and disease brought on by working conditions were among the causes for deaths Massachusetts workers.

Studies show that Massachusetts workplace deaths are down, however, following the West Virgina coal mine tragedy and the Gulf oil spill by BP, leaders and working on new workplace safety initiatives. The AFL CIO claims that death cases are often found in work places with an already bad record. They cite the death of Alan Forsyth, 51, who died in a forklift accident in Taunton. The company, Super Dog Pet Food had been cited the prior year by OSHA for forklift violations.

West Springfield State Senator, Stephen J. Buoniconti and Hingham State Representative Garett J. Bradley have introduced leglislation to protect consumers. The Massachusetts Motor Vehicle Owners' Right to Repair Act, if passed, would allow auto repair shops to have access to all technical service and recall information. This only makes sense to consumer advocates and personal injury lawyers in Boston.

The proposed law has the backing of the Automobile Association of America and was passed by the Joint Committee on Professional Licensure. In additon, a federal version of the law was introduced to Congress in Washington, D.C.

The Massachusetts Board of Bar Overseers, sitting in Boston, issued the following ruling regarding a licensed Massachusetts attorney on May 3, 2010. The ruling involved an attorney not responding to a client and failing to pursue a client's claim with diligence. The Boston attorney's at the Law Office of Neil Burns field repeated inquiries regarding potential attorney malpractice and attorney's responsibility to their clients. This case of discipline is an example of the requirements Boston and all Massachusetts attorneys must follow with respect to their clients.

In this case, a client retained an attorney regarding a collection case. The attorney prepared, and the client signed, a contingency fee agreement. Althought the attorney made an initial call to the debtor, the attorney did not follow up. Nevertheless, the client called his attorney and attempted to follow up. The attorney refused to respond. Finally, the client requested her file and when she received it, there was nothing in the file except the documents the client had provided.

Continue reading "Getting in Touch with Your Massachusetts Attorney " »