Massachusetts Serious Injury Attorney Russell McCarthy Practice Areas

Massachusetts Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Massachusetts, the following elements must be present:

The death of a human being
Caused by another's negligent or intentional conduct
The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased

The general rule in Massachusetts in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.

Massachusetts Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, bicycle accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. Anyone injured by a drunk driver in a traffic accident, or surviving family members of a fatally injured accident victim, may be able to bring wrongful death charges against the defendant.

Fall River personal injury Attorney Russell McCarthy has years of practice and a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. Russell McCarthy works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Injury lawyer Russell McCarthy possesses a detailed understanding of Massachusetts's automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

Massachusetts Medical Malpractice:

Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills or disregarded standardized rules, a jury may find the health care provider negligent. If damages result from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians.

Other examples of Medical Malpractice include:

Failing to diagnose a tumor while reading an x-ray
Puncturing a nearby organ or tissue during surgery
Failing to order necessary and appropriate medical tests
Failing to diagnose a condition in time to treat it properly
Failing to refer a case to a medical specialist
Prescribing incorrect medication
Traumatic Brain Injury
Birth Injury
Incorrect diagnosis that results in a failure to treat a medical condition
Failing to properly administer anesthesia
Emergency room negligence

Massachusetts Aviation Accidents:

Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.

Typically, the National Transportation and Safety Board (NTSB) conducts an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

Massachusetts Construction Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Massachusetts Nursing Home Abuse & Neglect:

Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Massachusetts Burn Injuries:

People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Massachusetts Dog Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the Commonwealth of Massachusetts, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Massachusetts Workers' Compensation:

Massachusetts Workers' Compensation is intended to provide wage replacement, as well as medical treatment, for those employees who have been injured, disabled or killed while performing their jobs. Employees injured or ill due to a work-related accident or due to working conditions are eligible for benefits under Workers' Compensation. Generally, employees are prohibited from suing their employers or co-workers for causing their injuries unless they can prove that their employers or co-workers intended to cause them injury.

However, injured workers may sue a third party if they believe that another party was responsible for an employee's injury or illness. Also, if an injury was caused by a co-worker's operation of a motor vehicle, Massachusetts law allows an injured worker to sue a co-worker for the negligent, reckless or intentional operation of a motor vehicle.

Massachusetts Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions. Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. If a claim is against a Town or the Commonwealth of Massachusetts, then notices are required within a few months of the injury.

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.