Sabra LawSabra Law2025-06-27T04:03:59Zhttps://www.sabralawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1402508/2021/12/cropped-site-identity-32x32.jpgOn Behalf of Sabra Law<![CDATA[Is it too late to file a wrongful death claim?]]>https://www.sabralawoffices.com/?p=482322021-12-10T02:46:31Z2021-11-11T16:46:24Zstatute of limitations for wrongful death suits in Massachusetts.
How long do I have to file a wrongful death claim?
You typically have three years after the date of the death to file a wrongful death suit or, in some rare cases, three years from the date you knew you could file such a claim.
Why should I file a wrongful death claim?
Bringing a wrongful death case allows you to hold the negligent party financially responsible for the loss of your family member. In situations where the person at fault did not commit any criminal acts, this may be the only way to hold that person accountable. With a successful case, some of the damages you can recover include:
Funeral and burial expenses
Lost income and other financial support
Non-economic damages, such as loss of love
Because it can be difficult to prove that someone's negligent actions caused the death of your loved one, you should act quickly to ensure sufficient time to successfully bring your case.]]>On Behalf of Sabra Law<![CDATA[It is not “just an accident” if someone was negligent]]>https://www.sabralawoffices.com/?p=481982021-12-10T02:46:38Z2021-09-08T19:02:10Zsomeone else’s negligence was the root cause of your car crash, slip-and-fall incident or something similar, you may be able to hold that party accountable. In doing so, you may be able to have that individual or entity cover your medical and other expenses related to your injury.
Understanding “negligence”
Negligence occurs when someone has a particular duty of care and fails to uphold that duty, with the failure to do so causing or contributing to an injury. For example, all motorists have a duty of care to abstain from driving under the influence. If a motorist does so, strikes you and causes a serious injury, that motorist was negligent by driving drunk.
Understanding “contributory negligence”
The concept of “contributory negligence” may come into play during a personal injury case if someone tries to argue that you were at least partially at fault for the incident that caused your injuries. If the other party’s negligence was greater than yours, you may still be able to secure compensation from the more negligent party. However, you may receive less compensation than you would if you were not negligent at all.
Massachusetts has complex negligence laws. The more you understand about these laws, the more you might understand whether your personal injury case has merit.]]>On Behalf of Sabra Law<![CDATA[Are there new treatments for paralysis?]]>https://www.sabralawoffices.com/?p=481302021-12-10T02:46:45Z2021-07-13T18:44:28Zregained hand and arm function for several months after the noninvasive therapy.
Review these findings and explore other new avenues of treatment for paralysis.
Background of the study
The study included six people who had limited arm and hand mobility for at least 18 months after a spinal cord injury. They received the treatment with small adhesive patches that deliver electrical pulses to stimulate the injured nerve cells in a five-month protocol that also included physical therapy. The study authors think that this type of therapy could help rebuild the damaged nervous system connections that result from a spinal cord injury.
Next steps
UW will join other research institutions in a large global clinical trial that attempts to replicate the study results. Several other pending clinical trials are also assessing the impact of spinal cord stimulation on paralysis injuries. In June, Virginia Commonwealth University received a $7 million Department of Defense grant to study epidural stimulation and virtual reality as treatments for the paralysis and chronic pain associated with spinal cord injuries.
Individuals experiencing paralysis after a spinal cord injury may be eligible for legal compensation. For a successful personal injury lawsuit, the plaintiff must demonstrate that a third party's negligence directly led to the injury and the associated expenses, such as medical treatment and physical therapy.]]>On Behalf of Sabra Law<![CDATA[How long do personal injury cases take to resolve?]]>https://www.sabralawoffices.com/?p=481252021-12-10T02:46:51Z2021-05-19T00:40:05Zpersonal injury case that covers the extent of your losses. If the case goes to trial, the process can extend to several years.
Fault determination
Cases involving contested fault can take longer to settle in Massachusetts. The state uses a standard called comparative negligence in personal injury cases. If you share some fault in the incident that caused your injuries, the judge will reduce your damages by the determined injury percentage. For example, if a speeding driver hit you but you had a headlight out, the defense may argue about how much fault you have for the crash.
Insurance vs. lawsuit
Because Massachusetts is a no-fault state for auto accidents, the extent of your injuries determines whether you can file a lawsuit or must go through your insurance company. You can sue if you have at least $2,000 in medical expenses resulting from the accident or if your injuries include loss of sight or hearing, broken bones, or permanent disfigurement.
If you decide to file a personal injury lawsuit in Massachusetts, you have up to three years to do so from the date of your accident. Otherwise, the court will dismiss your petition without hearing your case.]]>On Behalf of Sabra Law<![CDATA[Why would a workers’ compensation claim get denied?]]>https://www.sabralawoffices.com/?p=480772021-12-10T02:46:58Z2021-03-13T23:53:50Zworkers’ compensation can include payments to cover your medical bills, lost wages and vocational rehabilitation if you need support returning to the workforce. But even if you have a rightful claim, there are situations where the insurer may deny your claim to benefits.
Failure to report in time
You need to report your workplace injury as soon as possible. Otherwise, the workers’ compensation insurer may assume you do not really have an injury. If you become injured at work, report your injury to your supervisor and complete an accident report as soon as possible.
Accident report and medical records discrepancies
Your employer’s workers’ compensation insurer may deny your claim if your statements about the accident conflict with medical records. For example, if you tell your doctor and supervisor two different things about the accident, this can hurt your case.
Unwitnessed injury
Sometimes, accidents happen and no one else is there to see them. If this happens to you, make sure you tell your co-workers and employer about the injury, remaining consistent with what you report.
If you receive a denial on your workers’ compensation claim, you can appeal this decision. This will allow the insurer to review your case again, often with additional information, and determine if you have a right to claim workers’ compensation benefits.
]]>On Behalf of Sabra Law<![CDATA[Do you have to sue your employer to receive workers’ comp?]]>https://www.sabralawoffices.com/?p=480742021-12-10T02:47:05Z2021-01-21T03:52:32ZIf you have experienced a work-related injury that prevents you from returning to your job, you may be able to receive payment for medical bills, lost wages and other costs by filing a workers’ compensation claim.With few exceptions, Massachusetts law requires that all employers carry a workers’ compensation insurance policy for their employees. This coverage protects your employer against injury-related lawsuits and entitles you to workers’ compensation benefits without going through the courts.This means you do not need to sue your employer to receive workers’ comp. Instead, the law entitles you to file a claim through your employer’s insurance company.
Does it matter who was at fault?
Workers’ compensation is a no-fault system. You do not need to prove to the insurance provider that your employer was negligent to be eligible for benefits. You also do not need to prove that you yourself were not responsible for the injury.
What types of injuries qualify for compensation?
You may be eligible for workers’ compensation benefits whether you work in education, health care or construction. From slips and falls, lifting injuries and equipment-related accidents to injuries sustained while driving for job-related purposes, if your injury forces you to take time off work, you should file a claim as soon as possible.
What if I need legal assistance?
Unfortunately, your employer’s insurance company may deny your claim, even if the law entitles you to payment. If you are preparing to file a claim or the insurer has denied your claim, you may want to consult an employment law attorney who can work on your behalf to resolve the issue quickly.]]>On Behalf of Sabra Law<![CDATA[Who can file a wrongful death lawsuit?]]>https://www.sabralawoffices.com/?p=477882021-12-10T02:47:11Z2020-12-03T22:16:17ZWho is eligible to file a wrongful death claim?
Every state has different laws regarding wrongful death claims. In some states, family members can file a wrongful death lawsuit. Sometimes, this only includes immediate family members like children, spouses, parents and siblings. However, other states allow any beneficiary to file a lawsuit, even if they're not close relatives.
Some states also have laws dictating when you can file a lawsuit. In some states, certain family members like spouses and children have the first opportunity to file a lawsuit. If they choose not to file, other family members can file a suit. Some states even require family members to wait a year or two before they're allowed to file.
Other states don't allow family members to file at all. In these states, only the individual's personal representative can file a wrongful death lawsuit. This is typically the person who was named in their will as the executor of their estate. Since this person is responsible for managing the estate and distributing assets, they have the right to file a wrongful death lawsuit on the family's behalf. If the lawsuit is successful, the estate receives any compensation that the individual would have received, so their family members can receive the compensation owed to them.
How may an attorney help you file a wrongful death claim?
Since every state has its own set of rules, an attorney may educate you on the laws in your state and how to file a wrongful death claim. If you're eligible to file a claim, an attorney might help you prove that you've suffered emotional pain, lost wages and other damages as a result of your loved one's death. This may help you and your family receive closure.]]>On Behalf of Sabra Law<![CDATA[Three ways wrongful death suits can help family members]]>https://www.sabralawoffices.com/?p=477692021-12-10T02:47:17Z2020-09-23T01:22:29ZYour family may be entitled to various forms of compensation
You or other family members may receive compensation for any loss of financial support that occurred because of an individual's untimely death. You may also be able to receive a financial award to make up for some or all of any inheritance that you lost out on after a parent or grandparent died.
Family members may be compensated for medical or funeral costs
Your spouse, parent or grandparent may have incurred medical bills as a result of another person or entity's negligent actions. Surviving family members may be able to obtain reimbursement for the amount that they either paid or are responsible for eventually paying. Furthermore, it may be possible to receive reimbursement for funeral or other final expenses.
The cost of services may be included in a settlement or jury award
In a wrongful death case, a judge or jury may be able to place a value on services rendered by a spouse who stayed at home rather than bringing in a paycheck. An expert witness may be able to help jurors better understand the monetary value of someone who makes dinner or cleans the family home while the other spouse is at work. It is important to note that a judge may alter the amount of compensation a family is entitled to for services rendered by a deceased individual.
Generally speaking, money will not erase the pain of losing a loved one. However, pursuing a wrongful death suit may help to hold those responsible for a loved one's passing accountable for their actions.]]>On Behalf of Sabra Law<![CDATA[Top 10 ways to avoid nursing injuries and illnesses]]>https://www.sabralawoffices.com/?p=477162021-12-10T02:47:25Z2020-07-29T15:46:54ZWays to prevent illness
The initial two tips concern what you do outside of work. First, there's the need for good self-care, which means a healthy diet and daily exercise, among other things. Second, you want to obtain the recommended seven to eight hours of sleep every night. Fatigue can make one less alert, and poor physical health can compromise one's immune system.
The number one way to prevent illness is regular hand-washing. That's the third tip. The fourth is to be up-to-date on flu vaccinations. Influenza is easily spread through coughing and sneezing, so being immunized against it protects yourself in addition to co-workers and patients. Fifth, you're encouraged to be immunized against other pathogens like hepatitis B, measles, mumps and rubella. Then, there is the need for personal protective equipment such as:
• Gloves
• Gowns and masks
• Eye protection
Preventing ergonomic and other injuries
Practicing good body mechanics is a must. Nurses should rotate tasks between their hands, change their position as they are sitting or standing. Ergonomic injuries are possible when lifting patients, so the eighth tip is to use lift and transfer equipment, no matter how time-consuming, when one is lifting alone. The ninth tip is to provide assistance to nurses who are lifting patients or dealing with violent patients.
Avoiding needlestick injuries
Hospital workers experience some 385,000 needlestick- and sharps-related injuries every year, so nurses must be careful in handling needles. There should be an automatic safety mechanism on needlesticks. Needles should not be recapped, and connection systems should be avoided when possible.
What you can do after being injured
Perhaps you were injured or fell ill as a result of your nursing occupation. Under workers' compensation law, you can be eligible for benefits that cover medical expenses and lost income, among other things, but you may want a lawyer to assist with the claim.]]>On Behalf of Sabra Law<![CDATA[Drowsy driving, its effects and ways to reduce it]]>https://www.sabralawoffices.com/?p=477132021-12-10T02:47:31Z2020-07-25T21:10:46ZDrowsiness causes inattentive driving
Lack of sleep triples the risk for a car crash. It impairs one's ability to focus on driving and slows down one's reaction times. Someone who goes without sleep for 20 hours straight will drive like a person with a blood alcohol concentration of .08, which is the legal limit for alcohol intoxication.
In serious cases of sleep deprivation, one will experience what's called microsleep: four- to five-second bursts of inattention. Without knowing it, then, drivers on the freeway may travel the length of an entire football field while being virtually blind to their surroundings.
Drowsy driving interventions are possible
Though getting adequate sleep is the only real solution to drowsy driving, this doesn't mean that others cannot try to intervene. Safety experts encourage parents to come up with a driving agreement with their teenage children and include a provision on drowsy driving. Universities should also have educational programs to promote healthier behavior. After all, roughly half of all crash initiators found to be drowsy are under 25.
Crash avoidance technology can help reduce drowsy driving, too, especially lane departure warning and drowsiness alert. In addition, better medication labels can improve matters. Experts suggest new labeling guidelines so that drivers know more clearly if they should take a certain medication or not.
Cases involving serious injuries
Many victims of motor vehicle crashes are understandably worried about their finances. If the driver who injured you was clearly drowsy or negligent in some other way, then you may have an easier time seeking compensation for your medical expenses, lost wages and pain and suffering. It may be wise to hire a lawyer for personalized advice and guidance.]]>