By Robert I. Feinberg | Published July 22, 2016 | Posted in Brain Injury, Personal Injury | Comments Off on Technology and Brain Injuries
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Technology and Brain Injuries
We have been talking about brain injuries and particularly diffuse axonal injuries or shear injuries. These injuries are verified through technology and, in particular, a sophisticated form of MRI. I really want to bring the point home about technology. Technology frustrates a lot of people and its ever changing nature can be especially frustrating.
Harambe, the Gorilla, and the Law of Injuries
It is no surprise to say that personal injury law and personal injury lawyers are not the most favored people or most favored thing in our society. I am proud of what I do. However, I do not feel that the stereotype or cliche fits me or the vast majority of my colleagues. In discussing that frightening incident in the Cincinnati Zoo, perhaps I can suggest to you that not all events result in a case, even though plaintiff lawyers are accused of such.
The Commonwealth of Massachusetts Has it Over the Commonwealth of Pennsylvania in the Handling of Third-Party Lawsuits
To anyone familiar with my blogs or website, it comes as no surprise that I have come to rely upon the law of 93A and 176D to help my personal injury clients. It has been an effective tool in dealing with insurance companies.
Three C’s: Civil, Civility, Closing
Let’s talk about the three C’s. The first is “civil”, those cases that I have always discussed with you and which is the focus of my website. Second, is “civility”, how you act in a courtroom or how you interact with people throughout the course of the case. Third, is “closing,”, for what a closing argument looks like in a civil case.
Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
People Who Have Been Hurt Out-Of-State but Live in State |People Who Have Been Hurt in State But Live Out-of-State
I have had occasion to represent Massachusetts residents who have been hurt of out-of-state and out-of-state residents who have been hurt in Massachusetts. Perhaps the second scenario is the easiest to deal with because if the case requires litigation, you bring the case in a Massachusetts court involving that out-of-state person. You could choose to do it a federal court because of diversity of citizenship or you could choose to bring a personal injury action in state court.
Burn Injuries
My legal practice has involved a number of different types of injuries. Two of the most troubling are burn injuries and brain injuries. Today, in this blog, I would like to talk about burn injuries because they come with a unique set of issues. The pain and suffering is exquisite, the disability is exquisite, and the mechanism of injury as to how they were sustained, thermal burns or otherwise, is exquisitely painful.
The Workers' Compensation Lienholder
You may recall in the past that I have spoken about the situation where workers who have been injured on the job have two kinds of claims. The first is a workers’ compensation claim which is lodged or brought against the employer, either an insurer or, occasionally, a self-insurer. The second is a claim for negligence against a party who is not the employer.
Loss of Earning Capacity
By now you would have heard or are familiar with the fact that loss of earning capacity is an element of your damages. Specifically, it is an element of special damages as is the reasonable value of the medical services provided to you. Let’s focus today on the loss of earning capacity and the basic concept behind it.
EGGSHELL OR THIN-SKULLED PLAINTIFF
Law students in their first year of torts are sure to hear of the curious terms, thin-skulled plaintiff or eggshell plaintiff. Essentially what it means is that if a plaintiff has a particular weakness or susceptibility and is hurt, the defendant, “must take the plaintiff as he/she finds him/her”. Thus if the injured party suffers more as a result of their weakness or susceptibility, the defendant, the party that is sued, bears the full cost of that injury. That little expression of “taking the plaintiff as you find him/her” means essentially that the eggshell plaintiff or thin-skulled plaintiff is entitled to the full measure of their damages even though they had a particular susceptibility. I never found the expression of “taking the plaintiff as you find him/her” to be all that clear; nonetheless, there is no mistaking the concept.
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