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Worcester Personal Injury Law Blog

Pedestrian killed in fatal Worcester accident

According to a recent report, a Worcester man was recently struck and killed by a hit-and-run driver. The truck that hit the pedestrian victim left the scene and police were looking for the driver following the accident. Authorities were looking for a dark colored truck with a snow plow. Police were asking for the public's help in locating the hit-and-run driver. Authorities spent a significant amount of time at the scene of the fatal pedestrian accident taking measurements and interviewing witnesses.

The stretch of the road where the fatal accident occurred is curvy, busy and facilitates fast-moving traffic. As drivers, in many circumstances, it is essential to adjust to changing roadway and traffic conditions. In general, drivers have a duty to exercise care for the safety of others on the roadways, including the safety of pedestrians who can be particularly vulnerable on the roadways. Negligent drivers who have harmed a pedestrian may be liable to victims or their families for the harm they have suffered.

Victims of medical malpractice may have legal protections

Medical malpractice is a serious concern for victims and their families who have entrusted their health care and treatment to trained professionals. For medical conditions patients are suffering from to be properly treated, they must be properly diagnosed. An incorrect diagnosis, or delay in diagnosis, can result in improper treatment or delayed treatment that can result in a worsened condition or harm to the victim. A misdiagnosis or failure to diagnose can result in serious consequences for victims and their families, including death.

A variety of different types of medical conditions can be increasingly serious if left undiagnosed or incorrectly diagnosed, including breast cancer, lung cancer, prostate cancer, bone cancer, skin cancer, heart attack, stroke and other serious medical conditions. Different categories of medical professionals, including doctors, hospitals and other medical care professionals, could be liable under medical malpractice law if they have been medically negligent in their treatment of the patient.

What is the recovery process like following a brain injury?

Brain injuries can range from concussions to serious traumatic brain injuries. Brain injuries can also be open or closed in nature and can be suffered in car accidents. Treatment and recovery time depends on the nature and severity of the brain injury suffered, but can be extensive. Victims of brain injuries can suffer their effects for a lifetime. Victims and their families may wonder what the recovery process entails.

A brain injury can make daily activities challenging and can cause disruption in the relationships, mood and personality of the victim. The process of healing from a brain injury can be a long process, requiring patience on behalf of victims, their families and caregivers. As a result, it is important for victims of brain injuries to get plenty of sleep and rest and to not engage in activities that are too physically demanding. Victims of brain injuries should make sure to take care of themselves by eating well and getting necessary rest. It may also be necessary to adjust to life following a brain injury by writing things down, not engaging in multiple activities at once and developing other mechanisms to help with life following a brain injury.

Keeping employees safe from winter weather slips and falls

Cold weather can sometimes last well into spring, and the potential for slips and falls will last along with it. Falls on icy surfaces account for 30 percent of slip-related work injury claims. If you are a business owner, you do not want any of your employees to suffer an injury, nor do you want to be faced with a costly lawsuit. Therefore, you must make it a priority to provide as safe a workplace environment as possible.

Distracted driving is avoidable, but the danger persists

According to the National Highway Traffic Safety Administration, it is estimated that 5,870 people were killed and 515,000 were injured in distracted driving-related car accidents during 2008. Tips to help avoid driver distraction can help reduce the significant danger distracted driving poses on our roadways. One important initial tip to remember is to turn cell phones to silent or turn them off when getting in the car to drive.

If a call is important, you can pull over to make or take it, ask passengers to help you make the call and can also send important callers a message that you will be driving and can call them at another time when it is safe to do so. Texting while driving is dangerous and illegal in most states. It is also important not to email or use the Internet while driving.

Truck driver in fatal accident concealed medical condition

Some of our readers may have seen the news that a truck driver who failed to stop for slowing traffic ahead of him in a crash at the end of last year concealed his diabetes to obtain the necessary medical clearance, according to federal investigators. The truck accident, which took place in a neighboring state, resulted in the deaths of a man and a boy in the car the truck hit after failing to stop in time. The 56-year-old truck driver from Massachusetts was informed earlier last year that as an insulin-dependent diabetic, he could no longer drive across state lines.

By going to another doctor months later, however, and concealing his medical condition, the driver received clearance to drive. The falsification of federal medical documents, in this case a declaration of imminent hazard, is a crime which can result in a $10,000 fine or $105,000 fine if the violation results in death. While concealing his diagnosis may be a federal crime, the driver also failed to seek a possible federal exemption. Because the onset of diabetic shock can cause a driver to be unconscious without warning, insulin-dependent diabetes is disqualifying for commercial drivers.

Motorcycle accident-related brain injuries are costly for victims

Brain injuries resulting from motorcycle accidents are a leading cause of accident-related deaths. Victims of motorcycle accidents can face permanent physical injuries and mental impacts as a result of a motorcycle-related brain injury. Additionally, the financial costs of a brain injury can be significant and burdensome for both victims and their families. While wearing a helmet can help, a wide range of brain injuries can result from a motorcycle accident including traumatic brain injuries and hemorrhages.

Life following a motorcycle accident can be difficult, and even daily activities can be challenging. Motorcycle accident victims may face permanent physical, cognitive, social and emotional changes and disabilities. Victims who have suffered a brain injury in a motorcycle accident may suffer the loss of motor skills and coordination; cognitive deficits; memory loss, poor ability to focus and poor concentration; personality changes, depression, mood changes and excessive anger; an inability to work and earn income, as well as other challenges.

Distracted Driving Continues To Drive Up The Number Of Accidents

Since the advent of cell phones and mobile technology, distracted driving has been an issue faced throughout all corners of society. People just can't seem to focus on simply driving their vehicle. They want to be changing the radio station, texting their friends, deleting e-mails or even streaming live video on social networking platforms.

As is the case with driving under the influence, distracted driving is dangerous. It's not only dangerous for the driver of the vehicle, but it also increases the risk for all other people behind the wheel - including those who are abiding by the rules of the road. Traffic accidents, injuries and fatalities continue to increase every year, and distracted driving is often attributed as the cause of these incidents.

Help is available for victims of dog attacks

Dog bites and animal attacks can be traumatic for victims who have suffered them. Dogs can be territorial or aggressive at times which can result in serious injuries and other harm to victims of dog bites and dog attacks. A variety of damages may be compensable to the victims depending on the nature of their injuries and the harm they have suffered.

Damages the victim may receive compensation for can include medical bills; future medical care costs; recovery of lost earnings; damages associated with the fear and mental anguish commonly suffered in a dog attack; pain and suffering damages; damages for scarring and disfigurement; the costs of surgery and medical treatment to repair any scarring or disfigurement suffered; and counseling that may be necessary due to the trauma of the injuries suffered in the dog attack.

Types of medical malpractice victims should be familiar with

In general, medical malpractice refers to when a doctor or other medical professional provides negligent care that results in harm to the victim. Medical malpractice can occur when diagnosing, treating or managing an illness. When a doctor has deviated from the acceptable standard of care, or a hospital has provided improper care or treatment, a claim for medical malpractice may be possible.

Medical malpractice situations and circumstances can be complex. In some circumstances, the victim may not know exactly how they were harmed. In others, technical knowledge may be required to prove the nature of the harm. The need for compensation, however, for the medical costs, lost earnings and pain and suffering damages victims and families may experience, may be shared in common by many victims. A medical malpractice claim provides a potential opportunity to recover compensation for the damages suffered.

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