- Car Accidents
- Distracted Driving Accidents
- Drunk Driving Accidents
- Premises Liability
- Slip and Fall Accidents
- Product Liability
- Social Security Disability
- Truck Accidents
- Workers’ Compensation
- Wrongful Death
PERSONAL INJURY LAW
If you or someone close to you has been injured in an accident that was not your fault, you likely have rights to assert. At The Law Offices of Michael S. Mehrmann, we can carefully look into the details of your accident and help you aggressively pursue the compensation that you deserve for your injury or loss. Serving Plymouth County and surrounding areas, personal injury lawyer Michael S. Mehrmann has been advocating tenaciously for the rights of victims for over 30 years. We are a South Shore practice based in Kingston, but we combine our commitment to the local community with the resources and quality representation of a Boston firm. Michael S. Mehrmann takes pride in helping people put their lives back together and hold accountable those who have needlessly harmed them.
In Massachusetts, there are over 36,000 miles of roads traversing the state that accommodate as many as five million vehicles on any given day. Car accidents can lead to serious injuries, such as brain trauma, spinal cord injuries, broken bones, and even a tragic death. If you have been injured in a car accident that was caused by another driver, you can typically recover damages through a negligence claim. Negligence takes place when an injury or death was a result of a driver failing to use reasonable care behind the wheel. In other words, a driver needs to behave as a prudent or sensible driver would behave under the same or similar circumstances. People who fail to use the proper care behind the wheel, such as by driving drunk or distracted, may be held liable for an accident victim’s costs and losses. These may include medical bills, the costs of future treatment, pain and suffering, damage to the vehicle, household services, lost income and earning capacity, and diminished quality of life.
Truck accidents tend to be especially devastating because of the impact caused by a heavy truck hurtling into a standard car. The commercial trucking industry is subject to strict regulations at both the state and federal levels. These laws are intended to promote safety and minimize the risk of truck accidents on highways. If a truck driver’s carelessness or recklessness caused your injuries or your loved one’s death, you can file a negligence lawsuit against that driver. In some cases, you may also be able to file a claim against the truck driver’s employer under the doctrine of vicarious liability. This is appropriate when the truck driver’s negligence caused an accident while the truck driver was “on the job,” such as while making a delivery for the employer. It is also possible that the company acted negligently in hiring or supervising the driver, in which case a theory of direct liability may be appropriate.
The National Highway Traffic and Safety Administration (NHTSA) has found that motorcyclists are more than 25 times more likely than passenger car occupants to die in a crash per vehicle mile traveled, and they are more than five times more likely to be injured. These and other sobering statistics reveal the risks that riders constantly face on the roads. If you have been injured in a motorcycle accident, you can potentially recover compensation through a negligence claim, similar to how you might proceed after a car accident. It is important to note that Massachusetts follows the doctrine of modified comparative negligence, which means that you can only recover compensation for a motorcycle accident if you were not more than 50 percent at fault for the crash. This rule makes it especially important to retain a dedicated Plymouth County personal injury attorney who can protect your rights and help you recover the compensation that you deserve.
Premises Liability and Slip and Fall
A slip and fall is an accident in which an individual slips or trips and falls due to a dangerous condition on another party’s property and is injured or killed as a result. Under Massachusetts law, property owners have a duty to keep their property in reasonably safe condition so that people who visit the property do not get injured. As a result, if your slip and fall accident took place because of a dangerous condition on someone else’s property, you can file a premises liability claim against the property owner. If you win, you can potentially recover damages for medical bills, lost wages, pain and suffering, mental anguish, and more. Often, a key element of these claims is showing that the hazard was present on the property for long enough that the owner should have been aware of it, even if they were not actually aware.
A recent Johns Hopkins study revealed that medical errors are the third-leading cause of deaths in the United States, behind heart disease and cancer. These mistakes kill about 250,000 people per year. Of course, not every adverse outcome means that medical malpractice occurred. Instead, medical malpractice occurs when an injury or death was a result of a medical professional failing to use the level of care and caution that a properly trained, competent medical professional in the same specialty would have used in the same circumstances. These cases rely heavily on the facts and typically require expert testimony. Having a skilled personal injury attorney in Plymouth County on your side can make a vital difference.
Nursing Home Negligence
According to the American Association of Justice, only about one in 14 nursing home abuse cases are reported to the proper authorities, and over 90 percent of nursing homes do not have adequate staff to care for the residents properly. If you suspect that your loved one has been a victim of nursing home neglect or abuse, you may be able to sue the nursing home facility for negligence, once you make sure that your loved one is safe. In the context of nursing home cases, negligence takes place when a nursing home resident is injured because the nursing home failed to uphold the standard of care that another nursing home facility would meet in the same or similar circumstances, thereby causing injuries to the resident.
Product liability is an area of law that seeks to hold a manufacturer or retailer accountable for placing defective products into the hands of consumers. If a defective product has injured you, you can likely recover compensation for your harm. Massachusetts product liability law holds manufacturers and sellers strictly liable even if it is not clear whether they were negligent. All that the plaintiff and their Plymouth County personal injury lawyer needs to establish is that the product was dangerous or defective, and its defective nature led to their harm.
Under Massachusetts law, a wrongful death occurs when someone causes the death of another person due to negligence, a wanton or reckless act, or a breach of warranty. In all three scenarios, a wrongful death claim may be filed if the deceased person would have been able to file a personal injury case based on the same incident had they lived. Massachusetts law requires the executor or administrator of the deceased individual’s estate to file the claim in civil court. Any damages that are recovered through a wrongful death case are then paid to the deceased person’s estate, which typically includes the closest surviving family members.
Workers’ compensation is a type of insurance that pays monetary benefits, such as medical expenses and lost wages, to workers who become injured, ill, or disabled while they are on the job. Generally, workers’ compensation is an “exclusive remedy,” meaning that an injured worker cannot sue their employer for negligence. However, there are sometimes other parties that may be sued, and it is important to consult an attorney who can determine whether a third-party claim may be appropriate. Benefits will depend on the scope and duration of the injury, such as whether it is expected to be temporary or permanent and whether the worker will be able to continue to work in a limited capacity.
Social Security Disability
If you are unable to earn a living, the Social Security Administration provides some recourse. Social Security Disability Insurance (SSDI) is available to people who have become eligible for coverage by working and paying into the Social Security system. In other words, workers pay money into the system through their payroll taxes in order to be eligible for benefits in the event of a disabling work injury. Your eligibility for SSDI is based on your work history, as well as a determination of whether your disability meets the criteria of a condition in the SSA manual or is essentially equivalent to such a condition. If you are thinking about filing for Social Security Disability benefits, you need to speak to an attorney who can help you gather evidence and fill out the initial application or pursue an appeal if it is denied.
Contact a Dedicated Personal Injury Lawyer in Plymouth County
If you have been injured in an accident caused by someone else’s negligence, you need to reach out to a skilled attorney as soon as possible. At The Law Offices of Michael S. Mehrmann, we are committed to helping our clients achieve the justice and compensation that they deserve following a life-changing event. We proudly represent people in Massachusetts communities such as Kingston, Plymouth, Marshfield, Hanson, Duxbury, Carver, and Pembroke. To discuss your case in more detail at no cost to you, call (781) 585-3911 or contact us online.