Often, it takes a tragedy for people to understand the financial, physical, and emotional consequences of catastrophic injuries. These include traumatic brain injuries, as well as conditions like paralysis that change an accident victim's life permanently. You may have many questions about your legal rights after being seriously injured in an accident caused by someone else. Victims often are entitled to seek compensation from a person or business that caused their injuries. At the Law Office of Kenneth I. Kolpan, our experienced brain injury attorney has assisted Boston residents and people throughout Massachusetts for over four decades. He can help you pursue a claim related to brain injuries or other harm caused by accidents.Brain Injury Litigation
Attorney Kolpan is a long-standing member of the Brain Injury Association of Massachusetts and has worked as an attorney at two hospitals in the Boston area. He also has co-chaired an annual medical and legal conference on brain injuries for each of the last 30 years, advising other attorneys on how to handle these cases.
Brain injury litigation, also called Neurolaw, can arise in many different contexts, including vehicle collisions, slip and falls, and medical malpractice. It is crucial to have knowledgeable representation by an attorney who is experienced in these types of cases and familiar with persuasive brain injury experts. These experts must be able to explain the technical mechanisms of the injury to the jury in a way that they are able to understand, and they must also be able to explain why certain costs will be necessary for a particular patient. Often, brain injury cases turn into contests between experts as to the severity of the injury and the extent of the potential long-term consequences. Boston brain injury attorney Kenneth I. Kolpan can retain an authoritative expert on your behalf so that you assert your right to all of the compensation that you need.Negligent Security
In some cases, property owners can be held liable for failing to protect visitors on or near their property when a third party assaulted or otherwise injured them. The critical issue is whether the property owner had reason to believe that there was a potential threat of harm. For example, a nightclub that knows that several people have been assaulted or mugged just behind its back door may be held liable for negligent security if it fails to address the issue by adding lights or increasing a security presence.
Most personal injury cases turn on a theory of negligence. Plaintiffs trying to establish negligence must prove that the defendant owed the plaintiff a duty of care, the defendant breached the duty, and the breach led to the damages that they sustained. However, the duty that is owed and how it is breached can vary immensely, depending on the situation. For example, the standard of care owed by property owners to avoid injuring lawful visitors is different from the standard that an OB-Gyn owes to avoid causing brain injuries to an infant during the labor and delivery process. A brain injury lawyer can help Boston residents gather the appropriate evidence to prove that the defendant violated the applicable standard of care in their case.
If you can successfully establish liability, you should be able to recover compensatory damages. Compensatory damages are intended to compensate a victim for all of the economic and noneconomic losses that resulted from injuries caused by someone else. They can include medical expenses, lost wages, property damage, scarring and disfigurement, the costs of future care, and pain and suffering, among other examples.Motor Vehicle Collisions
In most motor vehicle collision cases, an injured plaintiff must establish another driver's negligence. Sometimes, however, car accidents arise as a result of negligence by both parties. Perhaps one driver was texting, while another driver was speeding. When a defendant raises a plaintiff's comparative negligence, the damages may be reduced in proportion to the plaintiff’s fault. As a plaintiff, you can only recover damages if your percentage of fault was less than 51%. If you are 51% or more at fault, you cannot recover at all. This stark rule makes it important to retain a car accident lawyer as early as possible in the process so that the defendant does not unfairly shift the blame to you.
In Massachusetts, property owners owe a duty to maintain their property in a reasonably safe condition for lawful visitors. If you are injured on someone else's property, you will need to show that the property owner owed you a particular duty while you were on the property. You will also need to show that the property owner had actual or constructive notice about the dangerous condition that caused your trip and fall. Generally, an owner or occupier of property owes lawful visitors a duty to take reasonable steps to keep the property in a reasonably safe condition, given the circumstances. If they are not able to repair a certain hazard, they at least should provide warnings so that visitors can avoid it.Defective Products
If you are seriously injured or a loved one is killed by a defective product, you may be able to bring a product liability lawsuit against the manufacturer or seller of the defective product. There are three types of actionable defects: design, manufacturing, and marketing defects. There are also three theories of product liability in Massachusetts: a breach of the implied warranty of merchantability, negligence, and Chapter 93A. Often, a breach of the implied warranty of merchantability is the theory used by injured consumers. The warranty of merchantability is a guarantee that the product will perform to the expected use for which it was sold.
Not all errors made by health care providers are considered medical malpractice. To establish medical malpractice, your attorney will need to show that a health care provider owed a professional duty of care that was breached, thereby causing your injuries. After a lawsuit is filed, a plaintiff's lawyer needs to make an Offer of Proof to a three-person tribunal, which will determine whether you have presented enough evidence of professional negligence to permit the lawsuit to proceed. While you can continue even if the tribunal rules against you, you will need to file a bond. As with brain injury cases, medical malpractice cases often come down to a battle of experts, since most jurors lack a clear understanding of these issues.Consult an Experienced Boston Brain Injury Attorney for Guidance on Your Case
Kenneth I. Kolpan has handled several hundred brain injury cases for victims throughout Massachusetts. If you suffer life-changing injuries in an accident that was caused by someone else, you should consult an experienced personal injury attorney without delay. Call us at 617.426.2558 or use our online form to set up a free appointment to discuss your situation. Attorney Kolpan is here to make sure that your voice is heard and that those who injured you are held fully accountable.
Attorney Kolpan was featured in the New England Youth Concussion Forum on May 8, 2014.
(Video courtesy of: Visual Velocity)
Kenneth I. Kolpan, a Boston attorney for 44 years, has handled several hundred brain injury cases, including many involving hard to detect injuries to the brain...read more