Serious and even fatal accidents happen all too often. Many people do not truly understand the physical, emotional, and financial consequences of a catastrophic injury until they find themselves in the midst of such a tragedy. A family affected by a devastating accident may have many questions concerning their legal rights, including the right to seek compensation from the person or business that caused their harm. Some of the most serious types of injuries involve damage to the brain. If you or your loved one is suffering from brain trauma caused by someone else’s carelessness throughout Massachusetts, you can seek representation from knowledgeable injury lawyer Kenneth I. Kolpan.
Mr. Kolpan is a longtime advocate for victims suffering from a traumatic brain injury (TBI). The Law Office of Kenneth I. Kolpan, P.C., has diligently represented individuals and families affected by TBI and other catastrophic forms of harm for over 36 years.Assert Your Rights through a Negligence Claim
The central question in a brain injury or other accident case usually is whether it can be proven that the brain injury resulted from the negligence of another person,
a business, or a governmental entity. In the legal sense, “negligence” occurs when a party fails to act in a way that is reasonable under the circumstances. This means that either the defendant acted in a way that a reasonable person or business would not act, or the defendant failed to take some action that a reasonably prudent person or business would have taken in a similar situation.
The concept of negligence can be broken down into four main components that your Boston brain injury attorney can help you establish if they are present in your case: duty, breach of duty, causation, and damages. The first inquiry is whether the defendant owed the injured person a legal duty of some sort. There is a broad range of legal duties that may be owed, depending on the circumstances of a case. Motorists owe each other the duty to use due care, complying with traffic rules and taking weather and road conditions into account. Physicians must comply with the standard of care applicable to their specialty and their community. Stores and restaurants need to ensure that their premises are reasonably safe from foreseeable hazards that could harm their customers. The victim also must prove that the defendant violated the duty established in the first step.
The last two components involve proving that the injury would not have happened if the defendant had met the appropriate standard of care, that it was a foreseeable result of the breach, and that the injury was caused by the defendant not meeting the required standard(s). from it. All of these elements must be proved by the preponderance of the evidence, which means that they are more likely than not to be true.
In any personal injury claim, it is crucial that the case be fully developed so that the jury (or the defendant’s insurance carrier, for purposes of settlement negotiations) fully understands the nature, cause, extent, and future prognosis of the victim’s harm. Our firm works closely with medical experts throughout Boston, as well as elsewhere in Massachusetts and across the nation, making sure that each case receives the attention and care that it deserves. Attorney Kolpan brings to your case his knowledge as a former Assistant Professor of Community Medicine at the Tufts University School of Medicine, where he taught first year medical students “Law and Medicine”.Enlist a Knowledgeable Boston Lawyer to Pursue Compensation after an Accident
The Law Firm of Kenneth I. Kolpan is a leader in the field of brain injury litigation and has received many accolades.
The experience and dedication of Attorney Kolpan can guide Massachusetts residents through a car accident, slip and fall, medical malpractice, premises liability, inadequate security or other personal injury case. Call the Law Office of Kenneth I. Kolpan at 617-426-2558 or complete our online form to set up a free consultation. We represent seriously injured individuals in all Massachusetts communities, as well as collaborating with attorneys throughout the country.
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