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Darin Colucci Wins Newsweek’s Best Personal Injury Lawyer Award for Fourth Year in a Row

Darin Colucci Recognized as One of the Best Personal Injury Attorneys for Fourth Consecutive Year

What is a prospective client’s greatest assurance that they’ve made the right choice when selecting a lawyer?  Consistent recognition for being the very best.  Consistent recognition for excellence isn’t something you can fake.  It isn’t something you “luck into.”  It’s something that is earned, day in and day out; year in and year out.  Colucci, Colucci, Marcus & Flavin, P.C., has consistently been recognized by trustworthy authorities like Newsweek.com, Super Lawyers and U.S. News and World Report as a “Best Law Firm” in the area of personal injury law.  Their results speak for themselves.  No bluster.  Just a team of dedicated professionals with one goal in mind: success for you and your family.

 

Before you choose your quarterback, learn more at  https://www.newsweek.com/insights/best-personal-injury-attorneys-2018/colucci-colucci-marcus-flavin-p.c.

Merrimack Explosion

Merrimack Explosion

 

Our hearts go out to the thousands who have been adversely affected by the recent gas explosions on the North Shore, especially to the families that lost their homes or, more tragically, loved ones.  Our firm has handled numerous gas explosion cases.  They may seem easy but they aren’t.  Columbia  Gas fights hard and tries to hide behind the danger of the gas delivery business as an over-arching defense.  This is a specious argument because we all pay for this service and they have an absolute obligation to delivery their product in  a safe manner.  Further, they have an absolute obligation to update their systems and infrastructure precisely because they are engaged in a business that poses incredible risks to the public at large.  Columbia Gas apparently had plans to majorly overhaul their pipework and systems in 2019.  It certainly would appear that their upgrades were a year too late.  #Merrimackexplosion

Punitive Damages

PUNITIVE DAMAGES

 

As most people have heard by now Monsanto was hit with a $289 million-dollar verdict, which included $250 million dollars in punitive damages for its manufacture of the weed killer, Roundup.  I wanted to take a moment to explain the verdict.  “Actual damages” are what a jury believes is the value of what the plaintiff suffered.  In this instance this unfortunate gentleman would appear to have terminal cancer.  They valued his loss of life, and the loss to his loved ones at $39 million dollars.  This is separate and distinct from “punitive damages”.  Punitive damages should be thought of as a punishment.  It’s a jury’s way of telling a company that they got caught doing something that was egregious.  In other words, there must have been evidence that Montsanto knew, or should have known, that Roundup was likely to cause a particular type of cancer, yet they continued to manufacture.  I want to make clear that as someone who was not involved in the case, I don’t know that for a fact, but all indications point in that direction.  Many jurisdictions don’t allow punitive damages, but it is an important aspect of keeping companies honest.  Those who fight for tort reform and think that we should do away with punitive damages are ignoring a basic fact:  If a company does not do anything egregious they will not be held responsible for punitive damages.  It’s that simple.  Regardless, this is certainly not the last case Montsanto will see.  It is anticipated that untold numbers of people were exposed to this chemical in Roundup, and it could very well be responsible for cancerous outcomes.

 

The law firm of Colucci, Colucci, Marcus & Flavin, P.C. has been recognized by Newsweek.com as one of the Top 10 Best Law Firms for Personal Injury in the Country. Attorney Darin Colucci has also been recognized by Newsweek.com for 3 consecutive years as one of the Top 10 Best Personal Injury Attorneys in the Country.

 

Motorcycle Accidents

MOTORCYCLE ACCIDENTS

 

For the past 25 years we’ve had the good fortune to represent some very fine people who were injured through absolutely no fault of their own.  This is never truer than in the case of motorcyclists.  Recently, a very promising young man was tragically killed as a result of a motor cycle accident.  Much like lawyers, motorcyclists have such a bad rap due to the crazy antics of a few.  We’ve all been on the highway and had someone speed past us at 130 mph on a motorcycle.  That person does not speak for the whole group.  Motorcyclists are passionate people who love the beauty of driving a motorcycle.  My father-in-law in law is 80 years old, God love him, and only recently felt as though he should sell his bike.  I cannot express what a loss it is to him.  The ability to get together with a bunch of friends and take a ride meant so much to him.  Simple pleasures like this are becoming a lost star (?) in our society.  But it is undeniable that there are risks involved that far exceed those associated with driving a car.  In fact, as a non-motorcyclist, I found it amazing that my father-in-law told me that it’s more dangerous to ride at 30 mph in a neighborhood than it is on the highway.  He told me that people pull out of driveways and from parking spaces without ever looking, endangering motorcyclists.  I will admit that I have harbored a desire my entire life to ride a motorcycle, but I am dissuaded by the horrible injuries I see as a personal injury attorney when motorcyclists are involved in accidents.

 

The motoring public needs to take greater care and with the emergence of texting while driving as the new scourge on American roads, motorcyclists are in danger in greater numbers than ever before.  We need to make more stringent laws about texting and even find ways to disable one’s ability to text from a cellular phone while driving.  It may sound extreme, but it is necessary to save lives.  Motorcyclists have every right to use the roads in as safe a manner as possible and should not be subjected to these dangers because of reckless or thoughtless operators of cars.

 

By in large I love representing motorcyclists as they are among the nicest people that I get to deal with.  For it to be a case the accident was not their fault, but we try our best to help them in every way be made whole when they are faced with someone else’s negligence.  And I will definitely own a motorcycle before I am through driving.

 

The law firm of Colucci, Colucci, Marcus & Flavin, P.C. has been recognized by Newsweek.com as one of the Top 10 Best Law Firms for Personal Injury in the Country. Attorney Darin Colucci has also been recognized by Newsweek.com for 3 consecutive years as one of the Top 10 Best Personal Injury Attorneys in the Country.

 

2 men looking at car accident damage

Injured by an Uninsured Driver – What’s Next?

Being in a motor vehicle accident can be a stressful and traumatic experience. The first and most immediate concern is, of course, ensuring that any injuries suffered by the driver and passengers are treated. But regardless of whether the accident was serious or just a minor fender bender, at some point, the insurance companies get involved.

Under normal circumstances, if there is a clear case of who was at fault, then the responsible party’s insurance company will end up footing the bill for the accident and additional resulting expenditures. In some cases, if the insurance claims adjusters are offering a seemingly unfair amount, you may want to retain a personal injury attorney to help settle the case and ensure just compensation.

But what happens if you are in an accident with an uninsured driver? You certainly can’t file a claim with the negligent party’s insurance company if that person has no insurance, but there is no reason you should have to handle the financial costs on your own, no matter how minor or huge.

Of course, in most states, including Massachusetts, automobiles are required to have insurance, but many people still manage to drive without it. This could be because they have allowed their insurance to lapse or they simply never acquired any in the first place. Regardless, if a negligent party was at fault for an accident, you are entitled to compensation, and there are steps you can take when dealing with a driver who does not have insurance.

What to do when you are injured by an uninsured driver

Many of the initial steps that you would follow when in an accident caused by an uninsured driver in Massachusetts are the same as what you would do if the driver was insured. First, call the police. You will want an accident report, as it can help you with a personal injury claim later on. Besides, the individual driving without insurance was also breaking the law.

Even if the driver doesn’t have insurance coverage of any type, that person may still be liable for paying for some of the damage to your car out of his or her own personal assets due to at-fault laws. The police report will be an important document in determining fault.

Get all the information you can

Make a note of the driver’s contact information, the license plate number on the car, and the car make and model. Write down all the details of the accident while they are still fresh in your mind. And even though the information may be on the police report, it is a good idea for you get the contact information of any witnesses as well.

Additionally, use your cellphone to take pictures of both cars and the area where the accident happened so that you can better describe the details to a personal injury attorney.

Call your insurance company

It is always important to call your insurance company in a timely manner. Some policies may have a time limit on how long you have to make a claim. Additionally, you may want to consider adding uninsured or underinsured motorist coverage to your policy. This protects you in case of an accident with an uninsured driver. And since Massachusetts doesn’t require a high amount of coverage for drivers, the insurance will also protect you if the negligent driver is underinsured — that is, doesn’t have enough coverage to adequately compensate you for damages and injuries.

If you don’t have uninsured or underinsured motorist coverage, you may have a collision or personal injury protection part of your policy that provides compensation for your medical bills in addition to the damage to your car. It is always wise to know everything your insurance policy covers so that there are no surprises after an unfortunate accident.

Call a personal injury attorney

If, after speaking with your insurance agent, you have been left without a means of compensation for the damages and injuries you’ve suffered, it would be a good idea to contact a personal injury attorney in Massachusetts. An experienced personal injury lawyer will be able to help you file a claim with your insurance company against the negligent driver and attempt to recoup monetary compensation from the driver’s personal assets.

Recovering funds may be difficult, especially if the negligent driver doesn’t have much in the way of personal assets. However, there may be other avenues that can be pursued. The driver might actually have insurance coverage under someone else’s policy, or more than one party may be responsible for the car accident, leaving you other options to pursue a personal injury lawsuit.

Contact Us

An experienced personal injury attorney in Massachusetts can help research and discover all possible avenues leading to potential sources of compensation. At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys help clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

Recognizing and Stopping Elder Abuse

The National Center on Elder Abuse has come out with their most recent statistics and the results are truly staggering. It begins by acknowledging that the “Boomer Generation” effect will continue for decades and predicts that between 2012 and 2050, the United States will experience considerable growth in its older population.  In fact, by 2050, the population aged 65 and over is projected to rise to 83.7 million souls, which is almost double its current population.  Older women will continue to outpace older men.

The survey concentrates on all forms of elder abuse and ranks the most common in the following order: financial, neglect, emotional, physical and sexual mistreatment.  Low social support is most commonly associated with elder abuse and seniors who are afflicted with dementia are 50% more likely to be exploited than their counterparts.  Approximately half of all people over the age of 85, the fastest growing segment of the population, have been diagnosed with Alzheimer’s disease or another form of dementia.  In addition, this trend continues to   ascend.  Seniors who have previously suffered domestic violence were found to be at increased risk for emotional, sexual and financial mistreatment and women were at greater risk to be abused in this regard than were men.  Who are the perpetrators?  Surprisingly, family members were identified as most likely to engage in financial exploitation (57.9%) followed by friends and neighbors (16.9%) and home health care aides (14.9%).

Perhaps most alarming, however, are the statistics on abuse by caregivers, the very people who are charged with caring for the elderly.  The particular study cited revealed that 47% of the participants with dementia had been mistreated by their caregivers.  A previous study revealed that 50% of the people with dementia experienced some kind of abuse at the hands of their caregivers.

The study concluded by estimating the associated Medicaid costs of elder injuries at $5.3 billion per annum.

Discouraging elder abuse requires vigilance and action.  As is now a common societal refrain,  “if you see something, say something.”

 

Dino M. Colucci, Esquire, is the founder of Colucci, Colucci, Marcus & Flavin, P.C., a law firm dedicated to representing victims of nursing home neglect. For many years he has lectured and served as an adjunct Professor of Law at Suffolk University Law School.  He has also been consistently named as a “Super Lawyer” by his peers as published by Boston Magazine.

 

 

 

Caution wet floor sign on floor

Premises Liability Law in Massachusetts: Determining Who’s at Fault

Gravity works and things happen. We all know that, so we aren’t surprised when an injury occurs because of a slip and fall event. Sometimes gravity gets a bit of an assist in slip and fall events, however. This is why landlords and/or tenants are sometimes held responsible under the law of premises liability.

This means that someone falling on a property can blame gravity without question, but blame can also fall to the landlord and/or tenants, depending on the facts of the incident. The wise course of action is obvious: have your personal injury lawyer on speed dial if you’re a landlord or tenant.

Premises Liability Law

“Premises liability” holds the owners of properties and the residents living there liable for accidents occurring on the property. Landlords and tenants may be liable for injuries caused by a slip and fall, or other type of accident, on the premises which you own and/or occupy.

When an incident occurs and legal action begins as a result, one of the first steps is determining who’s at fault for the accident occurring. Under Massachusetts premises liability laws, injured parties can make legal claims for monetary damages if the event occurred as a result of a hazardous defect or situation on your real property.

Anyone who owns property in Massachusetts must maintain that property in a reasonably safe condition for lawful visitors. When an accident happens or a slip and fall incident occurs, certain conditions must apply in order to bring a lawsuit. Anyone filing a lawsuit against a property owner must provide proof that the owner had a duty to provide reasonable care, that the owner breached that duty and that an injury resulted because of it.

That’s not to say that the property owner is automatically faulted when a fall or injury occurs. The law recognizes that a normal part of daily life is occasionally dropping or spilling things. A property owner may not necessarily garner blame for not cleaning up a spill immediately or instantly picking something up. The law also recognizes that grounds shift over time, creating uneven areas that take time to rectify.

Property owners are also not at fault when someone trips or slips on something that an ordinary person could reasonably expect to find there, such as a drainage grate or a concrete parking bumper. These things are an expected encounter in a modern urban area and ordinary people should anticipate their presence, expect to see them and avoid them.

In short, we’re all expected to look where we’re going.

Determining Who’s at Fault

Every state has its own laws and procedures that determine liability when an injury happens. The focus of the law may be on the property, its condition at the time of the incident and the activities of the owner and the injured party. Or, the law may center around the status of the injured person in determining liability.

Determining who is responsible may hinge on one or more of the following:

  • The visitor’s legal status. One of the following labels may be applicable: invitee, licensee, social guest or trespasser.
  • The actions of the visitor and the owner, as well as the condition of the property at the time of the incident.
  • Is the injured party a child or a trespasser?
  • Could “shared fault” rules be applicable in an injury event?
  • Rules specifically governing landlords.

In Massachusetts, the injured party has the option of filing an insurance claim against the property owner’s insurance carrier or taking the case to court by filing a personal injury lawsuit. While there are a number of laws and legal rules in Massachusetts that can impact litigation, there are two main legal points to consider before filing your lawsuit.

First, there is a statute of limitations deadline for filing litigation in a slip and fall occurrence. Meeting this deadline is imperative before moving forward with your case.

Second, Massachusetts has “shared fault” rules. This means a ruling that you bear some amount of responsibility for the accident may impact your right to recover monetary compensation for damages.

Statute of Limitations for Slip and Fall in Massachusetts

The civil court system of Massachusetts puts a limit on the amount of time allowed to pass before you forfeit your right to bring a lawsuit into court. Your personal injury attorneys in Boston or other cities can explain the statute of limitations that applies to your specific type of case.

The important point to understand is that trying to file a slip and fall lawsuit after the statute of limitations deadline date will almost certainly end in a dismissal of your case. The property owner or landlord you’re filing against will be quick to point out to the court that you are past the deadline date. When this happens, expect the property owner’s motion to dismiss to be swiftly granted.

The slip and fall statute of limitations in Massachusetts is the same as most laws governing personal injury cases in general. Massachusetts General Laws Chapter 260 section 2A places a time limit of three years within the date of the incident for filing a slip and fall accident lawsuit.

It is also required that the property owner or landlord receive notice when you intend to pursue a claim under premises liability laws. There is a limit on the time allowed for this. Such notice is generally required within 30 days of the event.

 

Contact us

At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys will help our clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

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Wheelchair parked in front of a large picture window

Personal Injury Trial? – What to Expect

If you or a loved one has been injured in an accident in which another party, entity or organization could be at fault, you have the right to file a personal injury claim in order to receive the compensation you deserve. When seeking a consultation with a personal injury attorney in Massachusetts, the attorney will advise you as to whether or not you have a case.

In many situations, the other party may choose to settle the personal injury lawsuit out of court. However, there are also many instances in which the proposed settlement doesn’t seem fair, and insurance adjusters refuse to negotiate any further. At this time, you may decide that you prefer to take the case to trial. This is an important decision because a personal injury lawsuit that goes to trial can last anywhere from several days to several months, and possibly even longer than a year or two.

Your personal injury attorney can certainly advise you as to the best course of action, but it also helps to have a very good idea of what to expect at a personal injury trial. A lengthy process can sometimes be stressful and daunting, but with knowledge of what might happen if you choose to go to court, you’ll be better equipped to make an informed decision and limit any frustrating surprises.

What to Expect at the Beginning of a Personal Injury Trial

Unfortunately, the beginning of a personal injury trial isn’t very exciting, though there is a lot going on behind the scenes. Your attorney will be working diligently on your behalf to research all aspects of the case.

This involves visiting the scene of the accident, interviewing witnesses, taking photographs, and collecting and researching the police reports, medical records, witness statements, as well as conducting any additional investigation as deemed necessary to put together a strong case.

This process can typically take anywhere from one to six months. When all this has been completed, the personal injury lawsuit can be formally filed. The court then has a period of one to two months to serve the summons to the defendant, who then has 30 days to file a response. At this time, it is still possible to ask for a settlement, and many defendants may ultimately decide to settle in your favor than go to trial.

At the Start of the Personal Injury Trial

If a settlement is not agreed upon, the trial proceedings will continue. Both your lawyer and the defendant’s lawyers will send investigatory questions to each other regarding the facts of the case and the claims being made. Depending on how complex the case may be, this could take several months to complete.

It is also probable that the defense will require their own examination of your injuries or condition by a physician they appoint. The examination will be done in the presence of an attorney. At this time or shortly afterward, oral depositions occur in which witnesses and other individuals inherent to the case are interviewed by both sides. This can take a long time to prepare and complete — approximately three months.

If at this time, both sides cannot reach an amicable negotiation, the personal injury trial will proceed to go to court.

Preparing for Court in a Personal Injury Trial

The first step when proceeding to court for a personal injury lawsuit would be to select a jury. Both your attorney and the defense will conduct interviews with potential jurors. The jury selection process can take some time, unless, both sides manage to agree on jurors in a fairly quick manner.

When jury selection is complete, a date will be set for the beginning of the trial. Depending upon the complexity of the case, the trial can be over in as little as one day or as long as a few months. Both sides will have opening statements prepared, and then all involved parties and witnesses will be called to testify. Essentially, stories will be told as to how the accident occurred, how negligence on the part of the defendant was the cause, what injuries were sustained, and how those injuries will have affected your life or the life of a loved one.

Witnesses will also be called to testify, and the defense will be allowed to cross-examine them, as well as present their own experts or parties to attempt to expose any weaknesses or fallacies in your case.

Both sides will have a chance to call witnesses, cross-examine witnesses and experts, and then make closing arguments, leaving the verdict in the hands of the jury. At this point, your judgment is in the jury’s hands. However, if your case is just and you have chosen an experienced personal injury attorney to represent you in your lawsuit, it is possible to receive the compensation you deserve for your injuries, future medical treatment, lost wages, and other monetary losses due to the accident.

At the Boston law firm of Colucci Colucci Marcus & Flavin, PC, our attorneys help our clients recover the maximum possible compensation for their injuries. For a free initial consultation with one of our professional and experienced personal injury lawyers, call (617) 698-6000, or contact us online via our email form.

Hiring an Attorney Is the First Step

Hiring an attorney is probably not the first thing that comes to mind when you or a loved one is injured – but it should be.

Hiring the right attorney from the very onset of a case makes all the difference in how your case is handled and ultimately resolved. Evidence isn’t preserved, witnesses disappear, and insurance companies begin building their case as soon as they learn of the injury. Simply put, by not contacting an efficient and effective attorney from the onset of your injury, you’ve put yourself at a serious disadvantage.

Thinking of contacting an attorney from the onset is not insensitive, but it is responsible. At CCMF, we begin the essential steps of your case from the immediate outset. After suffering from an injury, you are not likely thinking about gathering witness statements, taking pictures, or refraining from talking to insurance companies. These are just some of the many pitfalls you can easily avoid that you may not even be aware of had you not contacted an attorney.

The law firm of Colucci, Colucci, Marcus & Flavin, P.C. has been recognized by Newsweek.com as one of the Top 10 Best Law Firms for Personal Injury in the Country. Attorney Darin Colucci has also been recognized by Newsweek.com for 3 consecutive years as one of the Top 10 Best Personal Injury Attorneys in the Country.