Articles Posted in Traumatic Brain Injury

car-crash-3-1512740“No-Fault” Insurance Coverage

“PIP” stands for “Personal Injury Protection” and it is mandatory in Massachusetts as part of every driver’s insurance coverage pursuant to M.G.L. c.90 Sec. 34M.

The purpose of PIP is to help pay up to $8,0000 for medical costs, lost wages, funeral costs and household services incurred as a result of an injury from a car crash, regardless of who is at fault for causing the motor vehicle collision.

That means that it doesn’t matter whether you were responsible for causing the accident, or if someone else was, the “PIP” benefits are still available from the car insurance provider for those who qualify.

If you are injured in a motor vehicle collision, you will likely receive forms from insurance companies called “PIP Applications.”  This can be an overwhelming process for people who are already dealing with injuries from a car accident.  At the Carney Law Firm, we have experience attorneys who can represent you to help coordinate and facilitate the documentation and process.

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Injured by a Forklift?

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Forklift, or Powered Industrial Truck (“P.I.T.”), injuries are very common in the construction industry for both drivers and nearby workers.  According to the Occupational Safety and Health Administration (OSHA), an estimated 85 deaths result each year as a result of forklift operation accidents, as well as almost 35,000 serious injuries and almost 62,000 non-serious injuries per year.  In the U.S., 1 in every 6 workplace deaths occur in forklift related incidents.

With roughly 856,000 total forklifts in the United States, this means that approximately 1 in 9 forklifts will be involved in an accident that results in injury or death.  Further, the Industrial Truck Association estimates the average use for the life of a forklift or P.I.T. is approximately 8 years.  Taking this factor into consideration, a fair projection calculates that almost 90% of forklifts will be involved in an incident that results in a worker getting injured over the course of the lifetime of the forklift.  At the Carney Law Firm, we have skilled and dedicated attorneys who are experienced representing people with personal injury and workers’ compensation claims resulting from forklift accidents.

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 On March 24, 2016, Alan Schwarz of the New York Times wrote a revealing article outlining the actions the NFL took to manipulate the opinions of neurologists they retained to study the effect of concussions and the health risks related thereto. The article also suggests that the NFL has relied upon lobbyists and lawyers also retained by the Tobacco industry, who used them to deny health risks associated with smoking cigarettes.  Schwarz’s article has revealed information not previously made public, including the fact that the NFL omitted at least 100 reported concussions (many suffered by star players such as Steve Young and Troy Aikman).  At least one doctor retained by the NFL to study the effects of concussions on the brain admitted that if the data supplied to him was incomplete then his opinions would not be valid. Continue reading

A recent Middlesex Superior Court decision in the case of Anderson v. AIG, which ordered AIG to pay over $7 Million to a lawyer who was struck by a negligently operated bus (which was insured by AIG), exposes the lengths a large, wealthy and powerful insurance company will go to in an attempt to deny full and fair compensation to an injury victim and his family.  In the Anderson case, AIG and its attorneys were found to have fraudulently created a fictitious version of how Mr. Anderson’s accident occurred in order to decrease its payout on the claim and save the massive insurance company a few million dollars.  You may recall that AIG, whose 2013 net income was over $9 Billion dollars (yes, billion), is the same AIG that received an $85 Billion bailout from our taxpayers (which includes Mr. Anderson, the victim of this accident and victim of AIG’s fraud).  Anyone other than plaintiff’s attorneys who routinely represent those harmed by the careless actions of others  in litigation against large, powerful insurance companies like AIG, may be shocked by AIG’s conduct which was exposed to the court in this case. Those of us who routinely handle these cases are not shocked by the findings, but rather relieved that AIG’s fraud was exposed for all to see. Continue reading

As the publicity of the NFL’s concussion crisis continues to increase, and public pressure continues to mount for the NFL to assume financial responsibility for the costs associated with injuries suffered by former NFL players, the NFL continues to deny former player’s claims for workers’ compensation benefits.  The most recent example is former NFL player Robert Alexander, who suffered a cracked vertebrae in his neck, had his claim denied and has now been pending for 3 years in California. Continue reading

PBS’ Frontline series received significant attention this week for the premier of “League of Denial:  The NFL’s Concussion Crisis”  which premiered on October 8th at 9:00 p.m.  This television program is based on the book of the same title written by Steve Fainaru and Mark Fainaru-Wadu.  The authors are both employed by ESPN, however ESPN, who has a broadcast contract with the NFL, refused to get involved with the production of the documentary due to their multi-billion dollar financial interest in the NFL.  The documentary and book shed light on the affirmative steps taken by the NFL for the past 20 years to deny any link between head trauma sustained while playing football and brain injury.  The authors were able to uncover the truth of the matter, which is that the NFL paid “independent” doctors (who were obviously not independent because they were paid by the NFL) to author reports serving the interests of the NFL by either denying or downplaying the effects that head trauma can cause to the brain.

This story has garnered significant media exposure because the NFL is most popular sport in the United States.  However, as any plaintiff’s personal injury or employee’s workers compensation attorney can tell you from first-hand experience, the NFL is not the biggest business or industry in our country that has shamelessly tried to deny or downplay the effects of head trauma to the brain.  That distinction belongs to our country’s insurance industry which provides liability and workers compensation insurance to those who may cause brain injuries to others due to their negligent actions, or to employers who employ those who have suffered a brain injury at work.  The insurance industry has been denying the link between head trauma and brain injury for even longer than the NFL, the only difference being that the insurance industry has spent tenfold in doing so and in turn saved themselves even more money by denying the link, all at the expense of those who have suffered serious brain injuries.

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