Frequently Asked Questions of Personal Injury Lawyer Russell McCarthy

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Fall River, Massachusetts accident Attorney Russell McCarthy, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal Injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the Commonwealth of Massachusetts. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

Auto Accidents
Dangerous or Defective Product Injuries
Slip and Fall Accidents/Premises Liability
Nursing home abuse and Neglect
Traumatic Brain Injury
Birth Injuries
Wrongful Death

What financial compensation can I recover in a personal injury claim?

Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

Medical bills
Lost Wages, including overtime
Pain & Suffering
Physical Disability
Disfigurement
Emotional Trauma
Mental Disability
Property Damage

What is Nursing Home Neglect?

The Commonwealth of Massachusetts has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are currently being neglected and abused. Signs of nursing home abuse and neglect include:

Bed sores (pressure sores, decubitus ulcers)
Burns
Rapid weight loss
Unexplained bruises
Emotional withdrawal
Malnutrition or dehydration
Heavy sedation
Inability of caretakers to explain patient's condition

Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).

The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. Fall River, Massachusetts personal injury lawyer Russell McCarthy has prosecuted many cases involving the abuse or neglect of the elderly and dependent and provides free consultation to any individuals who believe that abuse or neglect may have been committed.

Under what circumstances can a wrongful death occur?

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

Medical malpractice resulting in decedent's death
Neglect or abuse on the part of a nursing home that results in decedent's death
Automobile, bus, train, airplane or other common carrier fatality accident
Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

Does someone who is simply not satisfied with the results of surgery have a malpractice case?

No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.

Does misdiagnosis fall under medical malpractice?

Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient.

If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. However, Massachusetts statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act. For more information, consult Fall River, Massachusetts fatal accident Attorney Russell McCarthy.

How do I know if I need an attorney?

If you have been seriously injured in Fall River, Massachusetts, or within the surrounding areas of Massachusetts, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Commonwealth of Massachesetts laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. Fall River, Massachusetts medical malpractice lawyer Russell McCarthy can advise you on the applicable statute of limitations for your injury case.

What is Assumption of Risk?

If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend's house and they told you not to go out the backdoor because the deck was being repaired and after being told you still went out the backdoor, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages.

Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.

How much does Attorney Russell McCarthy charge for personal injury, medical malpractice or wrongful death counsel?

Attorney Russell McCarthy has very competitive prices, which fall within the range of the industry standard, and tailors fee arrangements for each client's needs. Due to the nature of law, each case is unique and he supplies various fee structures to accommodate each client and each client's case based upon:

Contingency
Retainer
Deposits
Set Fees
Billable unit rates or any combination of the above

Attorney Russell McCarthy gives every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your first meeting with Massachusetts personal injury Attorney Russell McCarthy.

If you or someone you know in Fall River, Massachusetts, or within the surrounding cities and counties of Massachusetts needs the assistance or trusted legal advice of an experienced personal injury lawyer, please contact Attorney Russell McCarthy, today at 1-866-740-1948, or complete the contact form provided on this site to begin your free consultation with a skilled Massachusetts serious injury attorney.