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Sentencing Over Contaminated Drug Case Possibly Not the End

Glenn Chin, of the Massachusetts-based New England Compounding Center, was sentenced to eight years in prison for his connection to contaminated drugs that killed 76 people and sickened more than 800.

Federal prosecutors had attempted to see Chin convicted of the second-degree murder of 25 people who received tainted steroid shots from his facility. They based their allegations on his negligence and knowledge of the contaminated conditions of the so-called clean rooms at the facility. However, In October 2017, he was cleared of the murder charges and charged with mail fraud and racketeering, or fraudulent and dishonest business dealings, instead.

“If I had known the drugs were tainted, I would have never sent the drugs out,” he said. “I hope you will believe me when I say I am truly sorry,” Chin said in a statement to the court during sentencing.

The eight years he received were far below the possible life-sentence that prosecutors had been fighting for.

“The fungal meningitis outbreak that resulted from Chin’s and his co-defendants’ fraudulent criminal conduct was an unprecedented public health crisis in our nation’s history,” Assistant US Attorney Amanda Strachan wrote in her sentencing memo. “His crimes stole and ruined countless lives, and the pain he caused for hundreds has no foreseeable end.”

Many victims and their families spoke out against Chin. Strachan relayed how one victim’s daughter said her mother’s scream of pain could be heard from the floors below when she visited her in the hospital.

“That’s the sound that she has in her head when she thinks about her mother’s death,” Strachan said. “It’s the sound made by Glenn Chin’s conduct.”

After the sentencing, many victims told news media that they were disappointed that both Chin and his supervisor Barry Cadden were not dealt with more harshly by the criminal courts.

“I want somebody in there blamed for the deaths,” Willard Mazure, Jr., of Michigan, told ABC News. “We’ve got 80 people dead, and nobody is responsible.”

But, as in our blog on the topic in December, just because neither were convicted in criminal court doesn’t necessarily mean that they won’t be held accountable for the deaths of those victims.

O.J. Simpson was famously acquitted of the murder charges for his wife. However, he was later held accountable to the tune of $33.5 million in damages to the victims’ families in civil court. So, while a criminal court could not prove Simpson’s guilt in a murder charge, a civil court could charge him based on its findings that it was more likely than not that he caused the death of his wife and her friend.

The same could be true for the victims of the NECC meningitis outbreak, to some degree.

  Lawsuits Already Filed

In 2012, NECC was facing more than 400 lawsuits from patients who received the tainted steroid injections. It was that same year that they filed for Chapter 11 bankruptcy protection in Massachusetts district bankruptcy court. The decision, they said, was so that they could set up a “compensation fund” for the victims as well as payout to creditors.

Later, $200 million was placed in the compensation fund. It was believed that roughly 3,300 victims qualified for compensation from the fund.

  Allegations

At least three types of claims face NECC, and possibly even Cadden and Chin after the trial;

Wrongful Death Lawsuit

Product Defect

Medical Malpractice

  Wrongful Death

When a person’s death is the result of poor design, a manufacturing defect or a failure to provide adequate instructions or warnings, those responsible may be held accountable via a wrongful death case. Compensation can be sought by the victim’s spouse and children which can include money for medical costs prior to death, funeral and burial expenses, lost wages, loss of companionship and pain and suffering.

  Product Defect

The facility was shuttered by the FDA after it was found out for compounding pharmaceuticals on a mass-scale. The facility had previously been approved to mix drugs on an individual basis, but federal regulators found them to be shipping mass-produced mixtures across the United States. A significant number of which were tainted.

The FDA issued a recall for a number of products following their investigation, which could lead to product defect cases.

  Medical Malpractice

The concept of medical malpractice is relatively simple: If a patient suffered harm due to a medical professional failing to reasonably perform his or her duties, the patient has the right to file a lawsuit to recover resulting damages. Medical malpractice can include failure to recognize or diagnose, inadequate sterilization or cleanliness that contributes to infection, misdiagnosis, or prescribing wrong or dangerous drugs.

At the time of the investigation, lawsuits were also including the doctors and hospital staff of victims. Since the FDA had notified medical personnel of the recalls and the dangers, they were also advised to follow up with any patients who may have received the tainted drugs.

Though no cases of illness were reported in Massachusetts, the case does go to show the far-reaching ramifications of negligence, as well as the difference between criminal and civil law when it comes to compensation for victims and their families.

The post Sentencing Over Contaminated Drug Case Possibly Not the End appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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Ski Vacation Rental Liability

It’s been a great winter with New Englanders reveling in the fresh powder on Mount Snow, the Berkshire Mountains in Mass, and other peaks throughout the region. Often times, this means renting a room, reserving a bed at a B&B, or searching home sharing sites like Airbnb and HomeAway.

For those in the region with a condominium or a second home, it can be tempting to net some extra cash through this season by setting up short-term lease agreements with guests.  

  Liability Insurance and Short-term Leases

Liability insurance protects a homeowner financially if someone is injured on their property. Most personal injury and property damage cases can be handled by filing a claim against the at-fault party, helping the victim receive compensation for their medical bills, treatment, and property damage.

However, when dealing with a second home, insurance companies may not always be as easy to work with. With the surge of short-term leases through home sharing services, many insurance companies are making it very clear that they will not cover events if they feel the home is being used as a commercial venture.

“That term ‘sharing’ can cut two ways. What if you or a family member is injured while staying in someone else’s home? What if your guest causes a fire or other serious damage while staying in your home? Who will ‘share’ in the expenses? Who will file an insurance claim — and will either party be covered,” asked an article in USA Today. “The answers to those types of questions remain works in progress.”

Because of that assumed ambiguity, the Insurance Information Institute suggested caution.

“Before you consider renting out your home, your guest room—or even your couch—first contact your insurance professional so you fully understand the financial risks and can take the proper precautions,” they said. “Peer-to-peer home sharing opportunities such as Airbnb can be a great way to bring in extra money and are increasingly popular; however, they can also leave you financially vulnerable.”

Unlike some other states, Massachusetts does not have particular laws on home sharing and insurance, though legislation was suggested in 2017 to pursue higher taxes and regulate services like HomeAway and Airbnb. Santa Monica, California, for example, added strict regulations that included homeowners registering for a business license and a 14% hotel tax if they used home-sharing services.

“The city estimated this would eliminate about 80% of peer-to-peer rentals,” USA Today reported.

  What Can Be Done

Since insurance companies may say that the rental of the couch, bed or home is a commercial venture, it may not be covered under a typical homeowner insurance policy. Liability lawsuits can be very expensive.

Say a guest trips on the rug and breaks a wrist, the treadmill inside the home breaks while they are using it and they are hurt, or if there is a fire, a disaster, or another type of personal injury. They can sue. They can also win.

With more regulations cropping up around the US, both Airbnb and HomeAway have offered their own insurance plans. Airbnb offers Host Protection Insurance which offers a $1 million coverage automatically to every listing and they say it acts as primary insurance over homeowners insurance whenever the home is being rented. They also offer a program that covers property damage for the host if a guest breaks something. However, in both cases, there are things they don’t cover (such as vehicles striking a house, purposeful injury as opposed to an accident, and theft.)

HomeAway offers a discounted insurance plan for property damage called HomeAway Assure, which partners with big-name insurance companies to cover some liability.

“Obtaining details and even specific prices online can be difficult, and experts warn there are many caveats and exclusions, so you may want to consider such direct-buy products for secondary rather than primary coverage,” warned USA Today.

  When Renting Condos

Condo rentals are a very common practice as well and even predate home-sharing services. Though condo-owners pay dues to the condo association to cover maintenance of outdoor and common areas, the association’s liability insurance usually stops at the door.

It is advisable to carry condo liability insurance.

  Reduce Liability

In addition to keeping an updated insurance policy, one that the homeowner is sure is covering any home sharing services or condominium rentals, it’s also important to reduce liability in the first place.

Having a legal contract, understanding the fine print, and minimizing dangers in the home while it is being used are all vital to reducing liability and the legal headache down the road.

Further Reading:

  Insurance Information Institute – Peer to Peer Home Rental : Understand the implications of renting your home to strangers.

  Allstate – What is Condo Liability

  USA Today – Vacation Rental Insurance

The post Ski Vacation Rental Liability appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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New Years Resolutions For an Injury Free Year

Every year, millions of Americans set New Year’s resolutions to have a healthier, safer, more fulfilling year. And every year, most of them don’t last more than a few weeks. But, if you’re going to keep any New Year’s resolutions, be sure to keep these four in 2018.

  Don’t Allow Distractions When Driving

“Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving,” says Mass.gov, the Massachusetts state website.

391,000 traffic injuries were blamed on Distracted Driving in a 2015 study and another 3,477 were killed, according to the Centers for Disease Control and Prevention.

“You cannot drive safely unless the task of driving has your full attention. Any non-driving activity you engage in is a potential distraction and increases your risk of crashing,” added Mass.gov.

This, of course, includes texting while driving. Each year, cellphones account for 1.1 million crashes, with the National Safety Council (NSC) estimating that a “minimum of 3 percent” of those accidents involved texting.

Even as recently as November 2017, Governor Charlie Baker of Massachusetts has been calling for a stricter law that restricts the use of cell phones to hands-free devices.

The current proposal facing the Massachusetts legislature would make touching cell phones for anything other than swiping it to answer or end a call illegal. This could include using your GPS, holding the phone near the head or on the lap, and of course, texting.

In 2018, resolve to keep focused on the road and the dangers on it.

  Don’t Drink and Drive

Drunk driving is a dangerous and often fatal decision. The National Highway Traffic Safety Administration reports that in 2016, there was an alcohol-impaired traffic fatality every 50 minutes. That was 10,497 deaths in one year or 28 percent of all crash fatalities.

Driving while impaired doesn’t just hurt the driver, but also pedestrians, innocent other drivers, and children.

In 2018, resolve to never drink and drive.

  Stop at All Red Lights

A recent study found that between 1992-1998 nearly 6,000 people died from red light running, according to the Insurance Institute for Highway Safety (III). More than half of these deaths were pedestrians and occupants of other vehicles.  The number injured in that same time period was nearly 1.5 million people.

All from running a red light.

The Insurance Institute for Highway Safety estimates that approximately 800 people die annually from red-light running.

In 2018, resolve to never run a red light.

  Use The Turn Signal

Also known as the “blinker” or the “turning indicator,” the turn signal has been a standard car feature since the 1940s. However, a recent study by the Society of Automotive Engineers (SAE) says that not using a turn signal accounts for nearly 2 million accidents a year.

“The study finds drivers across the country don’t use their turn signals nearly half of the time when changing lanes, and people fail to signal a quarter of the time when making a turn. In all, 750 billion times a year,” reported CBS.

“Even more disturbing than the statistics were the reasons,” adds Mark Vallet of CarInsurnance.com “42 percent of the signal-avoiders said they didn’t have time; 23 percent admitted they were just too lazy.”

Aside from the accidents and potential injury – which should be the main takeaway here – each of these four points is also key reasons why a personal injury or property damage claim could be won or lost if the driver is found to have been involved in any of these activities.

So, for a safer, healthier, and liability-free 2018, resolve not to drive distracted, text, run a red light or fail to use a turn signal.

The post New Years Resolutions For an Injury Free Year appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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Winter Sports Injury Liability in New England

New England is known for a number of outdoor attractions throughout the year, such as fishing in the spring, scenic beaches and hiking trails in summer, foliage in the autumn and snow sports in the winter.

With snowboarders and skiers coming from around the U.S. to popular mountains such as Mount Sunapee and Mount Snow, two topics always find their way into headlines – the rising cost of lift tickets and the inherent risk for injury with these activities.

Over the past 10 years, an average of 41 people have died from skiing or snowboarding-related accidents on an annual basis, according to the National Ski Areas Association. Serious injuries such as paralysis and head injuries make up about 44 of those incidents each year. The NSAA says this equals about 1 serious injury per 1 million skier or snowboarder visits to a mountain.

“Skiing and snowboarding enjoy an excellent safety record. Skiing and snowboarding are less dangerous than other high-energy participation sports, and less so than some common activities,” the NSAA said. “However, skiing and snowboarding are still challenging and require physical skills that are only learned over time with practice. The sports involve some inherent risk, but in some measure, it is the thrill that entices most skiers and riders to pursue the sports. Even with the attendant risks, the health and fitness benefits of skiing and snowboarding are enjoyed by people of all ages across the slopes each season.”

  Winter Sports and Personal Injury Liability

Most New England states have laws regulating lawsuits and personal injury claims against ski resorts except in the cases of obvious negligence. The risk of the sport has been taken into consideration by the lawmakers.

For example, the Massachusetts law expects that “a skier who boards a recreational tramway shall be presumed to have sufficient abilities to use the same, and shall follow any written or oral instruction given regarding its use and no skier shall embark on a recreational tramway without authority of the operator.”

In clear language, Massachusetts assumes the skier or snowboarder has the skills needed to be on the mountain, and they can’t hold the facility liable if they get hurt. This also applies to interacting with other skiers and snowboarders on the hill.

“A skier skiing down hill shall have the duty to avoid any collision with any other skier, person or object on the hill below him, and … the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or person involved and not that of the operator, and the responsibility for the collision with any obstruction, man-made or otherwise, shall be solely that of the skier and not that of the operator, provided that such obstruction is properly marked pursuant to the regulations promulgated by the board.”

In the scenario where someone executes a jump over a skier and makes contact with them, the law states that the facility is not liable – as it was the responsibility of both skiers to keep themselves safe.

Similarly, in Vermont, the law says that skiers are liable for rescue expenses, and attorney fees and costs with the ski area operators being exempt from liability in response to rescue situations except under gross negligence.

  Taking Action Against a Resort

While skiers are assigned with the majority of the responsibility because of the assumed inherent dangers of the sport, facility owners don’t get carte blanche. The law says they must still make sure to maintain the facility, equipment and provide appropriate signage. This also includes “trail maintenance and emergency vehicles, including snowmobiles” that must have flashing or rotating lights. When marking trails for danger or closure, it must be “in a manner to afford skiers reasonable notice.”

There is, however, the added difficulty of witnesses and a short window of time in which to bring an action forward against the facility. Section 71P of the law says that no action shall be brought against the ski area operator for injury unless the area was notified within 90 days of the incident.

The only exception to this is if the “court finds under the circumstances of the particular case that such ski area operator had actual knowledge of said injury or had reasonable opportunity to learn of said injury within said ninety-day period.”

So, even though the dangers of the sport are often touted, when compared to other sports, skiing and snowboarding pose significantly less danger. However, when accidents do occur, unless the facility can be found grossly negligent or failed to notify the individual of significant dangers, the burden of cost and injury fall on the skier or snowboarder.

From us here at Kiley Law Group, be safe out there.

The post Winter Sports Injury Liability in New England appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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Surviving Northeast Winters

If you’ve lived in the Northeast long enough, you know the winter season can be tough. While winter weather can be lovely to look at, it can be treacherous to live through. Roads and sidewalks can be slick and slippery, and it takes a bit more preparation, care, and caution to traverse the winter landscape. In order to stay safe in the winter weather, it’s essential to take your time.

Taking your time can ensure that you are able to make the best decisions during inclement weather. If you’re not running from one location to the next, you’ll have the ability to dress appropriately for the weather, plan your trip based on the predicted safest route, and when you’re walking, look down and choose your steps wisely. As with most things in life, a proper strategy can help to avoid pitfalls that may be in your way. The best method to planning an effective strategy? Taking the time to do it right.

Our winter has been eventful so far; strong winds and cold temperatures accompanying blizzards have contributed to poor conditions.

Through the rest of the winter, and whenever there’s inclement weather throughout the year, take your time and move safely. We know it’s not always possible to stay safe during inclement weather. If you, a family member or friend have been injured because of a slip-and-fall or auto accident, please call us today 978.474.8670 for your free consultation – Let us help.

The post Surviving Northeast Winters appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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“Bomb Cyclone” Blasts New England – Vigilance is Vital to Avoid Liability

Storms the likes of the recent “bomb cyclone” are not news to true New Englanders, who have dealt with these sorts of storms as a way of life. However, that’s not to understate the dangers involved – especially as the storm left millions without power from Virginia up to Maine, submerged cars in winter tidal waves, toppled countless trees, and canceled nearly 5,000 flights.

In Boston, one of the highest tides on record flooded a subway station near the New England Aquarium. The previous record has gone on unbroken since the blizzard of 1978 but was tied by the bomb cyclone storm. Nearby, Quincy Police had reported rescuing more than 20 people from cars due to flood waters and posted photos on Twitter with the hashtag #dontdrownturnaround to warn off other motorists. Here on the blog, we’ve talked about winter driving and safety before when it comes to preparing for natural disasters such as what New England has just experienced. (see box – “Further Reading”)

This blog will focus on the host of personal injury liability situations that can arise from such storms.

Sidewalk Safety

Slippery sidewalks can pose a real problem. Particularly this most recent storm that covered steps and sidewalks with thick, slick icy sheets.

Most New England states have laws regarding sidewalks and the responsibility on the part of both business owners and personal property owners. For example, in Boston, property owners have “up to three hours after it stopped snowing” to clear sidewalks and curb ramps. If snowfall came overnight, the requirement is extended to within 3 hours after sunrise. This is also the case in regard to snow buildup due to snow-plows. “Simply put, we’re looking for an accessible path of travel. While the rule is three hours, we try to be reasonable for deciding when we start the clock,” says Boston’s website. “Our goal isn’t to fine you. We just want people — especially youth and seniors — to be able to get around safely.

Failure to do so can lead to a $200 fine for commercial properties, $100 for residential properties with more than 16 units, or $50 for residential properties with less than 16 units. There is also a fine for pushing the snow or ice into the road.

Slip and fall injuries are massively expensive, with the Centers for Disease Control and Prevention (CDC) estimating 800,000 falls annually that cost upwards of $31 million in medical costs. The CDC also says falls are the leading cause of death and injury in older Americans.

Fallen Trees

The kind of ice-buildup that was possible from the storm, as well as New England’s experience with ice storms such as the one in 2008, can cause trees to fall. Falling trees that go into the road or onto a neighbor’s property causing damage can open the homeowner to a charge of liability. Massachusetts sees trees on a homeowner’s property as belonging to the homeowner. Any damage it causes can be directly tied to the homeowner.

Car Accidents

Many New Englanders are skilled winter motorists. “But when 17 percent of all vehicle crashes occur during winter conditions, it’s clear that we could all use a refresher when it comes to making our way through a winter wonderland,” warned the National Highway Traffic Safety Association.

See our blog on Winter Driving Safety for an infographic with tips on icy road conditions.

Besides the understandable dangers posed by icy roads, it should also be noted that sub-zero temperatures after an accident can prove catastrophic. The 15 below Fahrenheit temperatures, coupled with hurricane-force winds of up to 70 miles per hour, put anyone in the elements at risk for frostbite in just moments. After an accident, it’s advised to turn off the car if there has been damage. This means that in sub-zero temperatures, further injuries such as a frostbite or hypothermia can set in.

Having an emergency kit in the car with a thermal blanket can go a long way, as can being aware of icy sidewalks and road surfaces when outside the car.

While it’s unlikely that another bomb cyclone will blast the Northeast this season, doing your best to avoid personal injury and premises liability situations in the face of such natural disasters is the best course of action.

Further Reading • Be Prepared for New England’s Natural Disasters • How to File a Claim After a Natural Disaster • Icy Road Driving Tips

The post “Bomb Cyclone” Blasts New England – Vigilance is Vital to Avoid Liability appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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Massachusetts Deemed “Healthiest State in the Nation” Despite 69% Increase in Drug Related Deaths

For the first time in five years, Hawaii was not ranked the “#1 Healthiest State in America”. Instead, that honor went to Massachusetts.

The Bay State beat out other U.S. states based on its low percentage of uninsured residents, low prevalence of obesity, a decrease of children living in poverty and for having the highest concentration of mental health providers. The marks were part of a nationwide report by the American Public Health Association, a Washington, D.C.-based organization for public health professionals.

This study was the 28th annual report put out by the organization. It researches 35 measures for “policy, clinical care, behaviors, community and environment, and outcomes to measure the progress of individual states and identify emerging health trends.”

The New England states Vermont and Connecticut also landed in the Top 5 at third and fifth place respectively. Across the board, Massachusetts saw progress between 2016 to 2017, when it was ranked second behind Hawaii.

“Massachusetts has steadily progressed from No. 11 in 1990 to No. 4 in 2012,” the report stated. Commenting on the report in a Boston Globe story, Massachusetts Governor Charlie Baker said that the report “highlights the notable progress that our state is making to improve the health and well-being of every individual living in the Commonwealth”

For the Association “health” meant more than just not being sick. Their study defines it as “a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.”

Improvements Across the Board

High Concentration of Healthcare Providers

547.3 per 100,000 population (the highest in the study)

More than 200 primary care physicians per 100,000

More than 80 dentists per 100,000

Lowest percentage of uninsured at 2.7 percent of the population

25 percent decrease in smoking prevalence over the past five years

38 percent decrease over two years of children in poverty in the state

Healthiest State Almost the Deadliest State Too

The study noted, however, that the mortality rate in the country as a whole is on the rise, with more and more people dying “premature deaths.”

“This recent rise is concerning, particularly after the premature death rate declined dramatically by 20 percent from 1990 to 2015,” the study said.

Massachusetts ranks second in increases in drug-related deaths at 69 percent – an additional 8.1 deaths per 100,000 population. This likely wouldn’t come as a surprise to Massachusetts residents, though, as the state grabbed headlines in February 2017 as the Department of Public Health reported that 2,000 people were believed to have died from opioid overdoses in 2016 alone.

“Opioids killed or were suspected of killing five times more people than died in car crashes,” the Boston Globe reported then.

Fentanyl, an opioid that is used by doctors as a pain medication that can also be mixed with other medications to work as an anesthetic, was blamed as the main culprit. The Globe reported that a synthetic fentanyl is often mixed with heroin or sold as an alternative, but that it is also 50-100 times more powerful than heroin on its own.

Massachusetts Public Health Commissioner Dr. Monica Bharel told the Boston Globe that the findings are “not unexpected” and that “she said she derives hope from the multifaceted efforts the state has put forth to cope with the problem, including restrictions on opioid prescribing, adding 500 treatment beds, and a campaign against stigma.”

A July 2017 story followed a U.S. Drug Enforcement Administration (DEA) report that said that New England had “the highest rate of fentanyl-related deaths in the nation while creating a plague that the area’s top drug enforcement official describes as ‘like no other epidemic’ he’s ever seen.”

Not Just Street Drugs

Whereas a growing number of street drug-related deaths added to that statistic, overprescribing medication in Massachusetts has been highlighted as a problem as well.

A Boston doctor pleaded guilty in March 2017 to dispensing more than 1,100 oxycodone prescriptions a month. That’s more than what some of the largest hospitals prescribe in Massachusetts. One medical assistant of his was quoted as saying “only about 5 percent of his patients had legitimate medical conditions.”

However, the Boston Globe also reported that Massachusetts doctors were prescribing fewer pain medications by the middle of 2017.

We’ll have to see what the next report from the American Public Health Association finds in its 2018 report.

The post Massachusetts Deemed “Healthiest State in the Nation” Despite 69% Increase in Drug Related Deaths appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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How to Create Unique and Individual Passwords That You’ll Actually Remember

What recent security breaches can teach us about creating strong passwords

When the words historic and security breach are used side by side in one sentence, you know you should start worrying about the security of your personal data. Well, those who have a credit report – which is, according to some estimates, roughly 44% of the American population – certainly have serious reasons to be concerned over this issue now. On September 7 this year, Equifax – one of the leading consumer credit reporting agencies – announced that their security had been breached and that personal data of about 145 million of its American clients had been stolen. As a result of what has been called “one of the biggest data breaches in history” and “very possibly (…) the most severe of all” such events, cybercriminals obtained complete sets of very sensitive personal information that included full names, Social Security numbers, birth dates, addresses, and, in some cases, driver license numbers. Although the Equifax breach is not exactly the biggest of its kind – attacks on Yahoo in 2013 and 2014 affected, in total, an estimated 1,5 billion users – it may likely turn out to be the most severe in the sense that it exposed most of the sensitive data that banks, insurance companies, and similar business use to confirm the identity of current clients and potential new consumers. This, in turn, means that for years to come, almost half of the American population will remain at a high risk of financial fraud and identity theft.

The security breach was made possible because, apparently, Equifax had failed to promptly patch a known web server vulnerability. This means that there was nothing individual clients could do, in this particular case, to protect their personal data and decrease the chance of being affected by the hackers’ malicious actions (which is one of the reasons why many victims are likely to sue – in fact, Equifax might be facing one of the biggest class actions suits in U.S. history, with one law firm reportedly seeking up to $70 billion in damages). Still, if there is one positive thing about security breaches, it’s that we can learn from them what an average user can do to ensure the security of their sensitive, personal information.

For example, earlier this year, a security firm Keeper published a report on the strength and reliability of most commonly used passwords based on the data made available in the aftermath of the major security breaches of 2016. Using external public data sources, the firm analyzed 10 million actual passwords. The results can be described by words such as alarming, dreadful, or depressing. The most popular password, chosen to protect the access to sensitive information and personal data by nearly 17% of users, is… 123456. That’s right, almost a fifth of all people who ever use a password are safeguarding their accounts with literally the first string of characters that comes to mind when you look at the keyboard.

The rest of the report is equally disquieting. Keeper goes on to point out that “four of the top 10 passwords on the list – and seven of the top 15 – are six characters or shorter”. This is a serious issue because modern brute-force cracking software – computer programs used by hackers to break passwords by trying all possible combinations – can decode passwords of such short length in mere seconds. Keeper also mentions that many “website operators are not enforcing password security best practices”, which means users are allowed to set passwords that are weak and they do so because short, uncomplicated passwords are simply easier to remember than long and random strings of characters.

But what exactly are some of those security best practices? What makes a difference between a weak password and a strong one? And how can you create a password that is both reliable and easy to remember? This week blog posts will offer a handful of practical advice on the issue.

Make it a Long One

The first characteristic of a good password is its length. As mentioned, six characters is way too few. On their “Account Help” page, Google advises users to set passwords that are “8 characters or longer”. The rule of thumb is, however, the longer – the better. According to some other sources as many as 12 to 14 characters is only a safe minimum. Plain words are pretty good… Which of the following passwords would you say is harder to crack: Tr0ub4dor&3 or correcthorsebatterystaple? You might be inclined to say – the former! After all, it seems so much more complicated. It uses an uncommon word as its base (troubadour), it features caps, letter-to-digit substitutions, a punctuation mark and a numeral; the other one is just four random words written without spaces. Yet, surprising though it may seem, a brute force password cracking software would take, on average, 3 days to guess the first one and 550 years to break the second one. In addition, if you use a mnemonic technique – like visualization or story-telling – the second one is much easier to remember than the first one. The only caveat is that the choice of words needs to be truly random. Those that come to your mind most readily probably won’t be random and are likely to be the same ones other people would think about too. This brings us to another piece of advice on password security: …but don’t use a common phrase

A password based on a line from a famous movie, a poignant quote from your favorite novel or a Bible verse may seem like a good idea. After all, it’s relatively long and easy to remember. Unfortunately, it is not really your best shot at an uncrackable password. This is because a large number of users have been shown to use passwords of this sort which make it easier for hackers to crack them. Even if you add numbers or choose a variant that substitutes numbers for letters, such passwords can still be broken relatively fast. This is because hackers also use “dictionary attacks” where a password-guessing program relies on a dictionary of common words and phrases.

Don’t Reuse Your Passwords

Let’s say you have already come up with a strong, multi-character password that is easier to remember. You might be tempted to use the same password on all of the services that you use – from your Netflix account through email to your Internet banking service. However, you need to be aware that if only one of the web services you use ever gets hacked and your password becomes known to hackers, all of the other services protected by the same password are automatically compromised. For that reaso, each of your services should be protected by a unique password.

Use a Password Manager

A password manager is a computer program that helps you create strong passwords and securely store them in an encrypted database. If you use a password manager, instead of typing a different password in each service that requires it, you just type in the password to the manager which will then automatically fill your login information whenever it is needed.

Of course, password manager software and its database can also be compromised. Therefore, before making a decision whether to use a password manager or not, every user needs to personally analyze potential risks and benefits. Still, many experts agree that password managers are still one of the safest way to protect your sensitive information.

Use Two-Step Verification

If you enable two-step verification, whenever you log in to a service from a new device, a text message with a security code will be sent to your phone. You will be then prompted to enter that code after typing your password in order to obtain access to the service. Using two-step verification is one of the best ways to secure your personal data, sensitive information or money. If you have it enabled, even if hackers manage to get hold of your password, they won’t be able to make use of it if they don’t have access to your phone. To conclude, we present the list of 15 most commonly used and, therefore, weakest passwords. If you use one of those on any of your services, you run a serious risk of having the security of your personal information and sensitive data compromised and you need to change it right away:

123456 123456789 qwerty 12345678 111111 1234567890 1234567 password 123123 987654321 qwertyuiop mynoob 123321 666666 18atcskd2w

The post How to Create Unique and Individual Passwords That You’ll Actually Remember appeared first on Tom Kiley Personal Injury Lawyers of Boston.

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Menengitis Outbreak Trial – Hard to Prove Murder Without Motive

When bringing a case to trial, an attorney’s main responsibility is to present all the facts and to have them substantiated. If something cannot be proven without a doubt, even if the public consensus is that the other person was guilty, the attorney will lose.

Case in point is the recent high-profile case that was decided in October in Boston. The prosecutors had attempted to convict a supervisory pharmacist, Glenn Chin, for murder after his tainted drugs led to a nationwide meningitis outbreak that killed 76 people. More than 700 people in 20 states – including Tennessee – were sickened.

Prosecutors had attempted to prove that since he was in charge of the facility, he should be held accountable and charged with second-degree murder. This was a criminal case, but the same principles apply when looking at related cases such as wrongful death cases and personal injury accidents in civil court. The burden of proof is with the prosecutor. The defendant, or the accused, merely has to show that there isn’t enough proof – though to what level this has to be proven does differ from criminal and civil cases.

O.J. Simpson – A Tale of Two Cases

A higher profile case than the one recently decided in Boston would be the infamous O.J. Simpson trial of 1994 where he was tried in criminal court for the first-degree murder of his wife. He was not convicted, mainly because the court could not prove he had acted maliciously and premeditatively intended to murder his wife without a reasonable doubt.

However, Simpson was later held accountable for his wife’s death in civil court to the tune of $33.5 million in damages to the victims’ families.

So, while a criminal court could not prove Simpson’s guilt in a murder charge, a civil court could charge him based on its findings that it was more likely than not that he caused the death of his wife and her friend.

“In a civil case for wrongful death, on the other hand, the plaintiffs had to prove only that the defendant’s intentional and unlawful conduct resulted in the victims’ deaths. The burden of proof in the civil case was a preponderance of evidence — a much lesser burden than is required in a criminal case,” said NOLO, a legal advice blog, and lawyer directory.

  Bad Management as Murder?

This was the difficulty in the case before Chin’s prosecutors. They had to prove that he had willingly caused the deaths of the people that had died from the outbreak. Ultimately, he was cleared of the murder charges.

“Jurors said prosecutors failed to prove Glenn Chin was responsible for the deaths of people who were injected with mold-contaminated drugs produced by the now-closed New England Compounding Center in Framingham, just west of Boston. As the supervisory pharmacist, Chin oversaw the so-called clean rooms where the drugs were made,” reported TIME magazine.

Prosecutors said he was accountable for the deaths because of his supervisory position, and decisions he made to cut corners for financial reasons that ultimately led to the outbreak.  They called his actions a “reckless disregard” for human lives and said he “gambled with patient’s lives.”

Assistant U.S Attorney George Varghese, blamed Chin because “he knew there was a reasonable likelihood the drugs could be deadly if they were not sterile.”

“He knew he had a job to do, which was to make these drugs sterile, and he just didn’t care enough to do it,” Varghese said.

However, Chin’s attorneys argued he couldn’t be blamed for them because there was no evidence that he had directly caused the drugs to be contaminated. The jury agreed with him. He was cleared of the murder charges but was still convicted of mail fraud and racketeering.

  Burden of Proof

This is why when personal injury attorneys are taking on a client, they will do so much work to find a paper trail. The burden of proof is on the prosecutor to prove that the wrongful death or the personal injury was clearly the fault of the defendant – whether that be an insurance company, a homeowner, a business or a car driver.

It’s about presenting facts and well substantiated legal arguments. It takes a lot of work, and it’s not always cut and dry.

This is also why lawyers encourage their clients, when dealing with damages for injuries, require medical treatment to prove injuries from an accident were caused by the accident and not just a sore back that was there before the accident.

It involves more than a cause and effect presentation of facts, which can be refuted without proof. In absolutely any case – criminal or civil – it comes down to what you can prove and how you prove it.

The post Menengitis Outbreak Trial – Hard to Prove Murder Without Motive appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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How to Host a Party That Everyone Will Remember

Hosting a party that every guest recalls for years to come is the goal of any good host. It takes a lot of work, both before and during the party to make it memorable, but sometimes you also want the party that you threw to be the one that gets talked about afterward in a good way rather than in an “Uncle Larry spilled his wine on Aunt Edith’s holiday dress” kind of way. Other times, the key to a memorable party is to be sure that guests can remember it in the first place.

Drinking is usually expected at parties, and all too often, someone over imbibes, embarrassing both themselves and other guests at the party.

The Centers for Disease Control and Prevention (CDC) warns that just as recently as 2015, 1.1 million drivers were arrested for driving while impaired by alcohol. They say this is even a small number compared to the “111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year.”

So how do you make sure that your guests are having a great time but not overdoing it?

“In my mind ‘it takes two to tango,’” says business etiquette coach Syndi Seid on her blog Advanced Etiquette. “As the host, you should do all you can to prevent guests from over-indulging.  As a guest, it is your responsibility not to get drunk.”

Plan the entertainment so that drinking doesn’t become the only event

This can apply to parties of any size – small family gatherings, office parties, and large gatherings.

“Some of the guests won’t know each other so your game should serve as a means for individuals to easily interact and talk to one another,” suggests Shutterfly, a lifestyle products manufacturer geared toward helping people make and keep memories. “It can take time for your party guests to get comfortable, so it’s best if you can kick off the party with your chosen Christmas party game once everyone arrives. This will help your guests become engaged and will break the ice for everyone who doesn’t know each other.”

Their blog listed 30 party games and activities that can be found here. They include activities like:

Human Christmas Tree

Stocking Guessing Game

Christmas Carol Pictionary

Funniest Christmas Presents (True or Not)

“The goal of your adult Christmas party game is to make sure your guests are enjoying themselves. Make sure you choose light-hearted games that will be engaging and allow for your guests to learn funny tidbits about one another,” they recommended.

Emphasize the important parts of why everyone is together.

92 percent of Americans believe holidays are a time to say thanks to friends and family, but many confess they tend to be thankful for material possessions rather than people. To combat that trend, plan the theme and maybe an activity or two that guides conversations toward positive topics.

Try one of these interactive activities that go throughout the whole party, or at a special time to bring everyone together.

Ask guests to share why they are thankful

Ask your guests to bring something to place on the dinner table that is meaningful to them to talk about

Create a craft, such as a Thanksgiving Tree, that has leaf-shaped pieces of paper for guests to put their memories on

Decorate your home with pictures from the past year

Create a signature cocktail and have plenty of festive non-alcoholic alternatives

An open bar or even a neverending supply of wine is a surefire way to ensure that someone will overdrink, end the night in tears or vomit, or spill something on your couch.  Opt instead for one signature drink that’s not too strong but still has a festive flair. A big pot of hot mulled wine with spices floating in it is fun, makes the house smell wonderful and can contain up to half orange juice. Your guests will still feel like they’re having a great time but it’s the kind of drink that’s hard to overindulge in.

There are also multiple places to find non-alcoholic holiday recipes, or “mock”-tails, such as this list by Martha Stewart or this one slow-cooker pumpkin spice latte from Betty Crocker.

Have a guest bed made up in case you need to insist that someone stay the night

Don’t ever let someone drive away from your house if they’re intoxicated. It’s your responsibility as a host to make sure that your guests have a safe way to get home or a place to sleep if they need to stay over.

Despite precautions to keep your guests from drinking too much, it’s a good idea to be prepared ahead of time for how you will handle intoxicated guests should the need arise – keeping their keys, calling a cab for them, or having a guest bed made up so that they can stay the night. Despite urban legend, no amount of coffee can actually sober up a drunk guest.

Making up a guest room with basic overnight gear such as new toothbrush and toothpaste can go a long way in convincing someone to stay.

The post How to Host a Party That Everyone Will Remember appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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13 Questions to Ask When Hiring A Personal Injury Attorney

According to the American Bar Association, there are nearly 1.3 million attorneys in the United States. Of that number, a vast majority of them are personal injury lawyers. Hundreds of thousands of personal injury lawsuits and claims are filed every year. But with such a large pool of available attorneys, it can be difficult to choose the best attorney for a particular case.

Worse yet, those in need of legal assistance come to lawyers after they’ve suffered devastating effects on their lives, their finances, their happiness and their families after an accident. The anxiety and stress from just that situation are enough. The last thing they need is an inexperienced attorney making matters worse when they’re already down.

When hiring a personal injury lawyer, many people may search the phone book, look online or recall back to mind television ads. Trusting advertising and marketing alone is not how to hire a personal injury lawyer.

Instead, think of hiring a lawyer, as a job interview.  This expert guide will discuss how to handle that interview with a prospective lawyer. You don’t have to choose the first lawyer you meet with to represent you.

Here are 13 questions you should ask every personal injury lawyer you consult with.

  Do you have time to handle my case?

The Centers for Disease Control and Prevention (CDC) reports that there are 30.6 million accidental injuries that result in emergency room visits each year. If even a fraction of those injuries turn into personal injury cases, the personal injury lawyers handling those cases are going to be busy. Meanwhile, medical bills, lost wages, and damages keep accumulating. Most states also have a statute of limitations for certain kinds of accidents, meaning that time is of the essence to file a claim or lawsuit.

Ask your prospective personal injury lawyer how many cases they are currently working on, how much time they will be dedicating to your case, and how long they think it will be until there is a resolution. While there are a lot of factors that can go into those answers, be wary of any overly vague responses from an attorney.

  Who will be trying my case?

It is important to ask your prospective lawyer during the interview who will actually be handling your case. Who will be your contact? When you have questions, who do you ask? Assess the skills and personality of the person that will be representing the case. Do they have good people skills? Can they understand the impact the accident has had in your life? Do they seem to grasp the particulars of the case?

Many law firms have names on the wall but are part of a team of professionals that have the experience, the resources, the know-how and the dedication to reach the best possible results. This can include other lawyers as well as staff.

“Many people hire an attorney they see on TV thinking that person will actually be representing them. In reality, much of the work is often handled by non-attorney case managers, and hearings are attended by junior attorneys in the firms,” says HG.org, an online lawyer directory, and legal advice blog. “These junior attorneys and staff people may be completely qualified and do a phenomenal job on your case, but if it is important to you that you get a particular attorney, not just the firm in general, this is an important question to ask.

  Do you have experience with these types of cases?

All lawyers are not created equal. The legal profession is vast and complex. When hiring a personal injury lawyer, find a specialist in the area of your particular case. Ask for experience, results of past cases, references if the state allows them to provide them, and even peer reviews.

These can usually be accessed to some degree on the firm’s website on their results or testimonial pages. Additionally, checking online services like Avvo.com or LawKick.com that allow clients to rate lawyers based on their own experiences can be very valuable. These websites also work as directories to finding other experienced lawyers within that field of law.

“Obviously, you would not go to a brain surgeon to deliver your baby even though they are both doctors. By the same token, you should not go to an attorney who does not focus their practice on personal injury work. Different lawyers usually specialize in different areas of the law, and as a result, have specialized skills related to those areas,” said HG.com.

For example, some personal injury lawyers are very experienced at medical malpractice while others are just as skilled at vehicle accidents and property damage.

“Do not assume just based upon advertising that the lawyer has handled or tried your type of case,” said Avvo. “You are the one hiring, remember that.”

  What is your success rate?

This is a fair question. Just because a lawyer specializes in a particular field doesn’t mean he’s particularly good at it. If they have more losses than wins, that could be seen as a track record. Past performance could be an indicator of the future success of your own case.

If the law allows it in their state, a personal injury law firm may also advertise their success on their website, or their most recent high-profile wins as a way of showing their particular skillset.

Of course, past performance is no guarantee of future results, but at least you will have a better feel for what has been possible for this particular personal injury law firm.

  Do I pay any advanced costs if we lose?

Most personal injury cases involve expenses, and compensation is needed to care for medical and personal needs. But concern about any additional costs from engaging an attorney could be a turn-off for victims.

Some lawyers also charge other costs for what they may pay out, such as the money they spend to do scientific tests, deposition of witnesses, obtaining medical and police records, and (if the state allows it) paying for certain medical expenses in lieu of a settlement.

Most lawyers who do this will waive expenses if the client loses. However, when hiring a personal injury lawyer, be sure to ask how they handle this process ahead of time. Know what costs are expected if you lose and know what of the attorney’s expenses you will be expected to cover. Most personal injury lawyers will not ask for this, as they work on a contingency arrangement – which means that they only get paid if you do.

  What do you need from me before and during my case?

Even the best personal injury lawyer will need some of your time during the personal injury claims process. By taking on your case, the lawyer and the firm accept the burden of all the leg-work with the insurance companies, the gathering of information, the negotiation of settlements with insurance adjusters, and if the case goes to trial then they will handle that process as well. To ensure they have everything they need, they will need to be in regular contact with you.

This means you will need to explain how you have been affected by the accident, what losses you have experienced, providing updates on your medical treatment and care thus far, medical history, facts of the accident, any witnesses, any ongoing trauma, and the list goes on and on. It’s important the personal injury lawyer knows the impact the accident has had on you so that he can bring that to the negotiating table and present all the damages that have been sustained to secure the best possible settlement payout.

If the insurance company doesn’t offer a settlement that you’re happy with, the personal injury claim could go to court. While you may not be required to go to the court yourself, the lawyer will likely be in contact with you regarding your ongoing treatment and losses.

Ask this question, and be honest with the personal injury attorney in every regard.

  How long will my case take to settle?

As bills and time out of work pile up, waiting can get more stressful.

“Every car accident is distinct due to a variety of contributing factors such as the circumstances surrounding the collision, the number of occupants in the vehicles, who was at fault, and the severity of your injuries,” says Kiley Law Group, LLC, Boston personal injury attorneys. “Because each accident is different, the claim that you file with an insurance company will also be different from the claim that was filed before or after your claim.”

It is impossible, then, to know how long a car claim will take to reach a settlement or be resolved. However, when hiring a personal injury lawyer, ask them how long this particular case will take in their estimation.

Factors such as the amount of time that’s passed until a claim was filed, the number of people involved, the extent of injuries, and court dates and scheduling availability can also affect the time it will take to settle an accident claim.

The Federal Bureau of Justice, which is a division of the Department of Justice, found in a recent study of personal injury cases that “about three-quarters of the cases were disposed through an agreed settlement or voluntary dismissal” and only three-percent were settled by a trial verdict. They also found that half of the cases in the study were completed within 14 months, with car accident cases being the quickest.

The longest case in their study period lasted 14 years and 5 months in a case of negligence that involved 14 defendants being sued by three individuals. The case was settled out of court.

Another study covering 2002-2003 by the Federal Bureau of Justice found that 98 percent of cases were settled. Most cases will take at least a few months and up to a few years, depending on if the case goes to trial and a settlement isn’t reached.  

  How much is my case worth?

An experienced personal injury lawyer will have some idea of the value, even though it may be an arbitrary guess at first. There should be a spectrum that they can provide.

For example, the Federal Bureau of Justice found in the 2002-2003 study that the median damage award was $201,000. This is the number where half of the cases were awarded higher amounts and half the cases were awarded lower amounts. The types of cases with the highest award amounts were medical malpractice and product liability cases.

To determine the value of the case, personal injury compensation costs will include factors such as the actual amount of the medical bills and treatment, wages lost as a result of the injury, if the injury is permanent or permanently scars the client or if the injuries resulted in death.

While it’s impossible to know for sure how much the settlement could be, when hiring a personal injury lawyer he should be aware of other personal injury cases and personal injury settlements in the specific area of your case. However, that being said, be wary of any attorney that gives you an overly specific number or gives you a ballpark number before he has heard all of the facts of the case from you.

  Do I need to pay anything to start my case?

The vast majority of personal injury lawyers will work on a contingency basis, meaning they will not get paid unless you do. If you lose your case, they don’t get anything. If you win, they receive a percentage of the settlement. This contingency fee may be negotiable and may be dictated via a contract with the lawyer. So, know how much that will be.

If the fee is too high, the payout that the victim receives may be negligible. Or, if the lawyer charges by the hour, it can be a very expensive process without any promise of success.

  What is the personal injury claims process?

An attorney who regularly handles personal injury claims will understand the complex legal issues involved in your case. During the consultation, they will discuss the specifics of your accident case and explain the personal injury claims process to you.

This falls under four main areas of action:

Representing your interests

Investigation

Out of court settlements

(Possibly) Fighting a personal injury lawsuit in a trial

Representation means the law firm will handle the day-to-day tasks of dealing with the insurance adjuster, building your case, and negotiating a settlement. The investigation covers gathering evidence of your claim which includes police reports, witness statements, and expert consultations to determine the cost and impact of the accident on the victim and the family. If a settlement can be reached without going to court, the law firm will handle that process through negotiation. If negotiation fails and settlement to cover the costs cannot be reached, they may take it to court and fight a personal injury lawsuit on your behalf where it is up to a judge or jury to decide the settlement on your case.

Be sure when asking this question that the personal injury lawyer is familiar in all four main areas. It may also be worthwhile to ask how often he goes to court. Sometimes, lawyers are great negotiators but have never been to trial.

  Can I wait to file my claim?

From the moment the personal injury occurs, the clock starts ticking. Waiting too long after the accident can prove to be a missed opportunity. For example, here in Massachusetts the statute of limitations, the period of time in which a lawsuit must be filed, is typically three years. Once the term is up, no lawsuit can be filed.  

Ask the prospective personal injury lawyer what the statute of limitations is in your area.

Additionally, as recent studies have found, witness testimony becomes increasingly less reliable as more time goes by or other details are presented after the fact.

  What do I do when I start receiving medical bills?

Ask the attorney this question if medical bills are still expected to be coming in, and if there is further treatment as a result of the accident. It’s vital that you know what to expect when it comes to paying bills and the lawyer will need to know how that process is going to represent you well.

Sometimes lawyers can negotiate with the medical institutions to place a lien or hold on those bills to halt collections until the case is settled. The healing process can be slow and painful, so it’s important to keep appointments with doctors and physical therapists, as well as document such visits. Be sure the personal injury law firm is aware of everything you do for treatment and the information is updated periodically.

If you finish your accident-related medical treatment before a personal injury lawsuit is filed, or a settlement is negotiated, let your attorney know so that he or she can accurately describe your injuries and recovery to the opposing parties.

  Who will pay my lost wages?

Discuss this with your prospective lawyer. It should be the insurance company that pays this based on current wages – regardless if you are part-time, full-time, seasonal or self-employed. Having a lawyer that is familiar with this process is vital.

LawKick, a social network that matches victims with lawyers, says this is definitely the case with auto accidents.

“The at-fault driver’s insurance will try to lowball you and your insurance company in order to save as much money as possible. They will try to get away with whatever they can,” says LawKick. “Although your insurance company will advocate for you, it has a conflict of interest because it also wants to keep costs down and limit its own overhead.  Insurance companies often settle early in order to save money, so keep that in mind before you make the decision.”

If you go into each meeting with a prospective personal injury lawyer or firm and ask these questions, you’ll be well prepared to find the best lawyer to handle your case.

Additional Resources:

Do I have a claim?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#claim

What should I do now?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#now

How will I pay my medical bills?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#bills

Who will pay for my lost wages?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#wages

Should I talk to the insurance company?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#insurance

How long will my case take?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#long

What constitutes a premises liability case in Massachusetts?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#premises

What is my personal injury case worth?

https://www.tomkileylaw.com/frequently-asked-questions-personal-injury/#worth

The post 13 Questions to Ask When Hiring A Personal Injury Attorney appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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Reflecting With Gratitude on Over 40 Years of Helping People

The Kiley Law Group has had the honor of helping thousands of clients through some of the most difficult experiences in their lives over a period of more than 40 years. We have come to know our clients and their families personally as we have fought for them, and we do count it a privilege to have been of assistance.

Attorneys can become emotionally invested in the plight of their clients and how could they not? We’re often dealing with grieving mothers and fathers, cases involving young children, wrongful death, drunk driving and medical malpractice. For each one of the lawyers here at Kiley Law Group, it is so much more than just a day job.

“When you come to Kiley Law Group, you’re not just hiring a lawyer. You’re hiring a team of professionals that have the experience, the resources, the know-how and the dedication to get you the best possible result for your injuries and to get compensation for you for your lost earnings, your medical expenses and any future disability or problems you may have during your life that are related to your injury,” said Tom Kiley, Sr., himself having 40 years of experience.

“In our firm, our culture is that we’re client-oriented, and we want to make it the best experience that you could possibly have given the circumstance that you’re in. Injuries and claims and loss of income, the occurrence of medical bills is a very stressful situation, and most people who we represent don’t understand the process. So, we educate them. We hold their hands. We make them feel comfortable with the process.”

Personal injury accidents have a profound impact on everyone involved, but most especially the victim since their life is often changed forever. While the work we do isn’t going to bring back a loved one, or see someone completely healed from their injuries, we are comforted by the fact that we were able to help with the healing process.

In this season of gratitude and reflection, the Kiley Law Group would like to look back at some of our more memorable cases that we’ve been privileged to work on.

  Caring for His Daughter’s Education

It’s always sobering to think about how fast things can happen, and the way it impacts our families. For one of our clients, sudden events took the 52-year-old from his only child. The man had just purchased his first Harley Davidson motorcycle and was taking his first solo ride when another driver cut him off. It was supposed to be a wonderful thing – first ride on a new motorcycle – and it turned out to be a devastating crash.

He was thrown from the motorcycle and died.

We took the case and worked diligently to prove the negligence of the other driver and the wrongful death of the father. The settlement of $270,000 was awarded to his only daughter, who is using the money to fulfill what her father likely would have done had he not been killed – pay for her education.

  So Much Hope, Gone

Another case that comes to mind is that of a 16-year old boy who drowned due to a school’s negligence. What made this more heart-wrenching, though, was that the young man had so much promise in his life. He had worked extremely hard to get there. The school was a prep school, and the student was an outstanding athlete there on a scholarship. Had he survived, he would have been the first member of his entire family to attend college.

Yet, lack of supervision by the school led to his drowning in a tidal pool.

It’s hard enough to regain your footing and go from one day to the next after any kind of wrongful death accident, and when dealing with the loss of someone so young and who showed so much promise, it is even more difficult.

Kiley Law Group lawyers represented the grieving mother of the boy and helped her achieve a $1,000,000 settlement.

  Wait and See

A client of ours had been aware of a congenital heart condition that was life-threatening. For several years, this husband and father of two young children sought treatment. Year after year, he and his family placed their trust in the care of the cardiologist who continued to delay dealing with the issue. The doctor even continued to see a deterioration of the narrowing aortic valve, but maintained a “wait and see” attitude rather than working to save his life.

As the family reeled from his wrongful death and sued the doctor, the cardiologist blamed the patient. During the course of the case, the cardiologist asserted that the man had died because he’d failed to follow through with an echocardiogram one month prior to his death. However, we had found evidence that the reason the echocardiogram wasn’t performed was that the cardiologist himself hadn’t shown up for the appointment and made no efforts to reschedule. In fact, a follow up wasn’t even on the books for another three months. Meanwhile, the doctor had been writing in his records after each visit that the patient required aortic valve replacement surgery.

Yet, it never happened, and he died as a direct result of complacency. Kiley Law Group was able to get a $3.85 million settlement for the young family to compensate for the financial loss of death as well as the loss of his companionship, society, and guidance.

  We Take The Burden

For more than 40 years, we’ve seen case after case where families are devastated by personal injury or the loss of a loved one. Their whole world is turned upside down. We reflect with gratitude that we’ve been able to do our small part to ease their suffering by helping them get the compensation they need to care for medical expenses, property loss, and the impact wrongful injuries have on their everyday lives.

It’s not about the money in these settlements that we’re thankful for. It’s that we were able to help a family in their time of need, to ease their suffering and assist them with finding some level of comfort after truly terrible events.

The post Reflecting With Gratitude on Over 40 Years of Helping People appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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How Safe is Your Salad? – Botulism, Salmonella, and Other Food Borne Illnesses

The Centers for Disease Control and Prevention estimate that 48 million people get sick from foodborne illnesses every year. That’s 1 for every 6 people in the United States. Another 128,000 are hospitalized and 3,000 die annually from foodborne illnesses.

However, of the 48 million people who get sick, the CDC says the cause of the majority of the illnesses is “unspecified agents.” A whopping 39.9 million are “due to agents not yet described, unrecognized foodborne agents, and noninfectious agents.”

With foodborne illnesses in the news constantly from the Chipotle Restaurant chain to the local farmers, it’s worth asking about food safety. It’s a reasonable assumption that the food that comes from channels such as chain restaurants and grocery stores is safe to eat.

The challenge becomes that many people either purposefully or (in the process of cooking) accidentally remove dangerous bacteria in their food. “Much of the food safety burden falls on the consumer when it comes to meat, poultry, and eggs. Since those are all things we cook, we have it in our power to eliminate dangerous bacteria like Salmonella, E. coli, Staphylococcus, and Clostridium,” as reported in Popular Science. “By cooking to a hot enough temperature, you can nearly eliminate your risk—even though a significant fraction of poultry is contaminated.”

However, when it comes to salad, it’s not so easy. “Most of the produce you buy at the supermarket won’t make you sick, but the stuff that is contaminated probably won’t get cooked. Lots of salad fixings have bacteria and viruses on them, and rinsing with water won’t remove the little buggers. Cooking would kill them, but when was the last time you sauteed a papaya?” asked Popular Science.

  Causes of Food Poisoning

In many cases, food poisoning is caused by bacteria, viruses, and parasites that are on the food before ingesting it. Failure to properly clean or cook the food can cause a whole host of foodborne illnesses.

Aside from undercooked meats or improperly prepared meats, vegetables can be breeding grounds for such microbes. For example, Botulism can be caused by improperly canned foods, home-canned vegetables, and baked potatoes in aluminum foil. Botulism can cause vomiting, diarrhea, blurred vision, difficulty swallowing, muscle weakness and even death. E.coli is often in the news when it comes to salad foods such as lettuce. It can be caused by undercooked beef, but can also come from raw fruits and vegetables. Severe and bloody diarrhea, abdominal pain and vomiting are usually a sign of E. coli poisoning.

Salmonella causes similar gastrointestinal symptoms and can contaminate raw fruits and vegetables. Most symptoms pass on their own, but the CDC warns if anyone suffers severe symptoms they should see their doctor.

  Avoiding Food Poisoning from Vegetables

“If you fail to cook your chicken to 165 degrees Fahrenheit and get sick, that’s arguably your own fault. But if you don’t heat up your lettuce—that’s on the farmers. Produce often acquires its bacterial sheen from the water it’s showered with, which can be contaminated with fecal matter from nearby animal farms. Industrial-strength chemicals kill a lot of potential pathogens (though sometimes not all) but you have no idea what type of disinfecting procedure your tomatoes went through,” according to Popular Science.

Besides keeping abreast of any announcement of possible contaminations or food recalls, there isn’t much that can be done to prevent foodborne illnesses, besides cooking the vegetables – which isn’t always possible, desired, or particularly healthy.

“Unfortunately, there’s not a helpful set of tips that can help you eliminate your produce-associated risk,” said Popular Science. “You should always store cut up fruits and veggies in the refrigerator to minimize any bacterial growth, and for the love of all that is holy do not chop them just after you cubed some chicken. Beyond that, just rest assured that the benefit of a diet full of fresh produce far outweighs the risks of a foodborne illness.”

  For more information about Food Safety and possible recalls you can contact the Food and Drug Administration Food Information Line at 1-888-SAFEFOOD.

  The post How Safe is Your Salad? – Botulism, Salmonella, and Other Food Borne Illnesses appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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Wrongful Death and the Tragedy in Loss

There’s never a “right” time to say goodbye to a loved one. Whether sick or sudden, the death of someone close to you is a time of heartbreak and sadness. The raw and intense pain of death is especially hard when it comes as a surprise to the remaining family, due to a sudden medical emergency or accident. While every unexpected death feels wrong, some deaths are legally classified as wrongful, and sometimes require legal action and intervention.

A “wrongful death” is a death caused by the negligence or misconduct of another. Wrongful death claims are in the realm of civil law and therefore do not deal with any criminal acts that may have been carried out by the responsible party. A wrongful death suit is filed by an attorney in a civil court to recover monetary damages for the plaintiff.

Wrongful deaths may be broken down into two main categories: willful acts or negligence. An example of a willful act would be: I strike you with the intention to stun you or push you with intention to harm. When you fall, you strike your head and die. I did not intend to kill, but my willful act brought about your death. Negligent acts, whether intentional or not, include motor vehicle accidents, some construction accidents, and accidents that happen in the course of a reasonably dangerous activity.

The most common types of wrongful death cases are:

Vehicular accidents

Product failure/liability

Slip-and-fall accidents

Swimming pool and aquatic injuries

Workplace accidents

Improper supervision

Medical malpractice

Mixed responsibility

The sudden loss of a loved one due to another’s negligence can leave a family facing difficult questions, emotional and financial.

No amount of money can truly compensate for the loss of a beloved family member. But a successful wrongful death claim can provide a family with the financial peace of mind needed to cope with the resulting expenses and move forward with their lives.

Wrongful death cases come in many packages. We at Kiley Law Group are ready and capable of seeing a family through any of them.

The post Wrongful Death and the Tragedy in Loss appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.

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Keeping Children Safe During Haloween

Though a good scare is often looked for on Halloween, avoid one when it comes to child safety.

  As parents across the country dress up their children in their favorite superhero or princess outfits, they usually are thinking about how much fun the little tykes will have, the candy they’ll have to sift through, and the common dangers they’ll need to help them avoid.

A few simple tips can go a long way to keep your child safe this holiday.

  Costume Safety

The National Retail Federation expects to see a record $9.1 billion in Halloween spending this year.

“According to the survey, consumers plan to spend $3.4 billion on costumes (purchased by 69 percent of Halloween shoppers), $2.7 billion on candy (95 percent), another $2.7 billion on decorations (72 percent) and $410 million on greeting cards (37 percent),” the federation said.

In that same survey, 47 percent of consumers expected to buy via discount stores and 38 percent expected to buy from a Halloween store or costume store. However, purchasing costumes should be done carefully. It’s more important to be safe than for the costume to look just right.

According to the Consumer Product Safety Commission, there have been more than 16 cases where children under 15 years of age sustained burn injuries involving Halloween costumes since 1980, including one fatality. In 1997, a 12-year-old girl in Texas died from burn injuries she sustained when her homemade Halloween costume ignited after she brushed up against a jack-o-lantern.

“In eight of the incidents, the source of the flame was a candle or jack-o-lantern. In three incidents, the children were burned by part of a costume (a battery-powered mask, a flashlight and a citronella torch). In the other five incidents, the source of the fire is unknown,” as reported by ABC News.

  Check Before You Buy

When sourcing that killer costume, look for the label that says “Flame Resistant.”  This can include fabrics such as nylon and polyester. Also, if the costume includes a mask, be sure that kids can see well out it and that the costume fits correctly.

“That draped ghost costume looks cute, but it can cause a nasty spill. To guard against trips and falls, costumes should fit well and not drag on the ground,” cautioned CBS News.

Additionally, many organizations suggest trimming costumes in reflective tape that will glow in the beam of a car’s headlights and to have children carry a flashlight.

“Flashlights don’t always go with the costume, but they’re essential if children are to see and be seen in the dark,” CBS News reported.

  Safety While Trick-or-Treating

In addition to being seen, it’s important that kids and parents remember that there are a lot of people out at night this time of year and that not everyone thinks about safety.

“November 1st is a busy day for insurance adjusters given that more vandalism claims are filed on Halloween than any other day of the year,” said Christopher Hackett with Property Casualty Insurers Association of America.

“The fun of Halloween also brings more risk of auto and homeowner claims.”

The American Automobile Association (AAA) says that the risk for injury is highest on Halloween when you combine data from the National Highway Traffic Safety Administration and the Centers for Disease Control and Prevention (CDC) studies. They say Halloween is one of the top three days for pedestrian injuries and fatalities, and that a child is four times more likely to be struck by a vehicle than any other day of the year.

“Because excited trick-or-treaters often forget about safety, motorists and parents must be even more alert,” AAA advised.

  Candy Safety

“Razor blades in apples are more myth than reality. Still, it’s a good idea to warn children not to eat any treats before an adult has examined them carefully for evidence of tampering,” reports CBS News.

“Little kids are quick to put things in their mouth, so it’s best to carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard – or that have small parts that could separate during use and present a choking hazard.”

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Neglected Property is More Than an Eyesore

Imagine it: you’re enjoying a gathering with friends at a good friend’s home. You’re laughing, basking in the comfort and serenity that comes from being surrounded by good company. A friend suggests heading from the warm apartment to the balcony; the cool air would be a welcome reprieve and the cloudless night will offer a spectacular view of the city. You head to the balcony and lean against the rail, slightly leaning forward to catch a glimpse of the view. Suddenly, and without warning, you hear the squeal of metal against the brick structure and feel the railing give and disappear behind you. You begin to fall, the vague sound of the gasps and screams from your friends emanating in our ears, and you plunge deeper and deeper into darkness.

This story is a dramatized narrative of the death of a 23-year old. His family engaged Kiley Law Group following this incident, where he sustained fatal injuries to his head, neck, and torso with fractures of the skull and back and injuries to his heart. An unfortunate accident, this could have been avoided with proper enforcement of state building codes, proper maintenance and upkeep.

The guardrail of the balcony was defective and unreasonably dangerous in that the guardrail was in violation of the state building codes and failed to meet the height requirements. The lateral deflection of the guardrail was also excessive and contributed to its dangerous condition in that anyone reaching over and leaning against the guardrail would cause it to deflect, increasing the tendency for that person to overbalance and fall.

While to the average person there was nothing that could have prevented this accident, those in construction, building maintenance, and property managers have a responsibility to ensure buildings and other structures are built to meet, and exceed, the necessary safety standards and parameters in order to protect the lives of everyone around us.

Property owners have a responsibility to ensure their premises are reasonably safe for passage and free of injury threats. However, when a property is not appropriately maintained, lacks adequate lighting or does not have clear warning signs for existing hazards, slip-and-fall accidents, chemical exposure and other dangers, incidents can result in severe and costly injuries to innocent people.

Kiley Law Group has more than three decades of experience as advocates for injury victims. For the family of the victim you read about earlier, our firm was able to secure $1 million, continuing Thomas Kiley’s legacy of being “the Million-Dollar Man.” Kiley Law Group has made a reputation by earning restitution for victims and the families of victims after avoidable accidents.

So what can you do to prevent the potentially deadly effects of a dangerous or defective property? As the old saying goes, “If you see something, say something.” If ever you notice something that seems eroded, out of place, or in need of repair, make sure to report it to your landlord or property manager. Follow up with them regularly to make sure these things have been properly evaluated and repaired. You never know when your intervention could prevent a tragedy.

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How to File a Claim After a Natural Disaster

The post How to File a Claim After a Natural Disaster appeared first on Kiley Law Group LLC - Personal Injury & Car Accident Attorneys.