Legal Blog

What can I do If I’ve Been Injured on a Cruise Ship?

Two types of people may be injured while aboard a cruise ship, paying passengers or crew members (staff of the cruise ship). Both types of injured persons may have different legal claims. The claims depend on the injuries sustained, the persons who may be liable for the injuries and the law applicable to the claims. Some examples of possible claims are negligence, medical negligence or assault. Generally, the ship owners will be liable for any injuries of passengers or crew members, since the owners have a duty to provide a safe environment and protect persons aboard their ship from known (or foreseeable) dangers.

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What are Soft Tissue Injuries?

Injuries to muscles, tendons and ligaments are considered soft tissue injuries. These types of injuries are usually sprains, strains or contusions (bruises) and do not involve the bones or organs. Such injuries may occur over a long period of time (often job related) or due to a single incident, such as an automobile accident. The most common example of a soft tissue injury due to a single event is whiplash, which is an injury to the neck due to a sharp backwards/forwards motion. Additional types of soft tissue injuries may include tendonitis, bursitis, damage to nerves, dislocation or tearing of a ligament, muscle or tendon. These injuries can be very painful and may take an extensive period of time to

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What is Assault and Battery?

Assault and battery are actually two separate legal claims. Most commonly, they go together, but they do not have to. It depends on the circumstances of your injuries; you may have a claim for assault, a claim for battery or both. Both claims require that the assailant intended to harm the victim. The harm may be to induce fear in the victim, or actual physical injury. Assault occurs when a victim is threatened with physical injury/violence. The victim must actually fear that physical harm to them will take place. A verbal threat may not be enough to show assault. Additionally, the fear of immediate harm, that the victim felt, must be reasonable for the situation. The court may determine what

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Can I Have a Civil Claim for Suffering Injury Due To Assault and Battery?

If you have been injured due to an assault and battery, there may be two different types of claims against the person who injured you, criminal and civil. In a criminal case, the assailant may be prosecuted by the government. If the party is found guilty of assault and battery, he or she may be punished. Punishment may be imprisonment, probation, restitution or other types of punishment as determined by the court. Alternatively, in a civil claim for assault and battery, compensation for the victim’s injuries is the goal of the case, not punishment. As a victim, you may have a civil claim against the person who harmed you for damages sustained due to your injuries. If you succeed in

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Drunk Driving Defense

Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many innocent drivers are swept up in the net cast by law enforcement. Many law abiding citizens face this criminal charge every year and need an experienced Massachusetts criminal defense attorney to defend their rights. It is not a crime to drink and drive in Massachusetts. Rather, the crime of operating under the influence is comprised of the operation of a

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Common OUI DUI Fact Patterns

Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit his or her vehicle, and perform some field sobriety tests, such as the finger to nose test, the one legged stand, and the nine step walk and turn test. At the end of these tests the officer forms the opinion that the driver was operating under the influence, and arrests the accused. The car is towed, and the accused is

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