Massachusetts Personal Injury Blog

"Someone injured me but I can't afford to hire an attorney!"

Not to worry.  One of the hallmarks of personal injury law is that the injury victim does not get billed an hourly rate.  Rather, the legal fee is a percentage of the gross amount recovered for the client. 

Nearly all Massachusetts personal injury lawyers - as well as personal injury lawyers in other states -  take motor vehicle accident cases on a contingency fee basis.  What that means is that your attorney will take 33 1/3% (or possibly more if your case goes into suit) of any settlement or judgment amount as his/her legal fee at the conclusion of the case.  If your attorney advances any costs in prosecuting your claim, it is you that is ultimately responsible for any such costs. 

With contingency fee cases, your attorney is required by the Massachusetts Rules of Professional Conduct to provide you with a copy of the signed, contingency fee agreement.  This is the agreement that formalizes the attorney/client relationship.  If your attorney does not provide you with a copy of the fee agreement, ask him/her for a copy of same.

"Why Should I Hire a Personal Injury Attorney?"

I found a great answer to this question over at the Texas Injury Law Blog.  Here it is:

If you have been injured in an accident, you may benefit greatly from the services of a personal injury lawyer. First and foremost, a personal injury lawyer can determine whether or not you have a case. Your attorney will be able to determine who was at fault for your accident and inform you of whether you have a strong basis for a personal injury lawsuit.

A personal injury attorney can help ensure that you do not lose your right to bring your claim by making sure you file your personal injury lawsuit before the statute of limitations has run. Your lawyer will be an expert on Texas’s personal injury law and can make certain that you do not lose your legal right to compensation because of a procedural error.

By hiring a personal injury attorney, you are also taking the first step towards receiving fair compensation for your injuries. If your accident was caused by someone else’s negligence, then you may be entitled to compensation for both your physical and emotional injuries.

You’re also ensuring that the person responsible for your accident is held accountable for their actions, which reduces the chances that someone else will be a victim of their negligence in the future.

What is a Statute of Limitations?

A statute of limitations is the period of time set through law in which you are allowed to sue someone in court.  Generally, in Massachusetts, personal injury claims such as auto accidents, slip and falls, and dog bites, have, respectively, a three-year statute of limitations.

But be very clear that not all accident/personal injury claims have a three-year statute of limitations.  Some have shorter or longer periods depending on the facts and the applicable law.  If you have been hurt in an accident, I suggest you call an attorney immediately in order to protect your legal rights.

Please contact me with any questions of comments you may have in connection with Massachusetts personal injury law.

Helpful Tips for Those Going Through the Personal Injury Claims Process

The aftermath of an auto accident, slip and fall, injury at work, or any other injury causing event can cause great stress to not only the injury victim, but also to his or her family.  Oftentimes, the experience of going through the personal injury claim process can be just as anguishing as the personal injury event that lead to the claim. 

In order to make the aftermath just a little easier for you, here are my tips to those who have an attorney and are going through the typically frustrating and lengthy personal injury claim process:

1)  Trust your attorney (if you can't trust your attorney, find a new one immediately);

2)  Be patient.  Rome was not built in a day, and neither is a strong personal injury claim.  Give your attorney the time he or she needs to work the case up to where it needs to be for an optimum settlement/jury verdict;

3)  Stay in touch with your attorney. Check in with your attorney from time to time to tell him or her about the status of your medical treatment, and to never be afraid to call your attorney for a status update;

4)  Don't ever take anything personally.  If your attorney tells you that the insurance company feels the accident was your fault, or takes the position that you were not injured, try not to get worked up and remember that the only way to get an insurance company to pay is to fight them;

5)  Never lie.  Since everything you and your attorney talk about relative to your case is confidential, always tell him or her the truth so your attorney can work to get you the best result possible.

What To Do After a Slip and Fall Accident

- Get the names, telephone numbers and addresses of all parties;

- Get the names, telephone and addresses of all witnesses;

- Call an ambulance and the police, if necessary;

- Get the insurance information, if possible, for all parties;

- Photograph the scene of the accident as soon as possible;

- Keep all important information such as receipts, accident reports, etc.;

- Don't speak to any insurance company before you first speak with an attorney about your rights.

Frequently Asked Questions

Through the years I have noticed there are some common questions that most clients ask at the beginning of their case.  Here are some answers to these common questions, which hopefully are of assistance to you if you have been injured by the fault of someone else:

1) Do I have a case?

This depends on a number of factors.  Were you injured?  Did someone else's fault cause you to be injured?  Is there insurance?  Has the statute of limitations passed?  Basically, this question does not have a standard response, but rather is dependent on a number of factors.

2) How are you paid?

Like most personal injury lawyers, my office only gets paid if we get for you a settlement, or, if your case goes to trial, a victory at trial.  My office charges the standard 33 1/3 % as a legal fee.

3) How long will my case take?

Like question number 1, this one depends on a number of factors.  Have you completed your medical treatment?  Is the insurance company (assuming there is one) accepting liability?  Is a lawsuit required?  The best answer to this question: it depends as each case is completely unique.

4) Will I have to go to court?

Most cases do settle prior to trial.  However, there is always a chance that your case can go to trial if the sides cann0t settle the case.

5) How long do I have to sue?

In Massachusetts, some claims have longer, or shorter, statute of limitations.  Many claims have a three years statutue of limitations in Massachusetts, but some do not.  Each case is fact specific.

6) If I refuse ambulance transport does that mean I do not have a case?

No.  The fact that you were not taken from the scene of your accident by ambulance does not mean you do not have a case.

7) If I healed from my injuries, can I still make a claim?

Yes.  Even if you have recovered completely, you can still bring a claim for the injuries that you suffered in your accident.

8) How much do you charge for a consultation?

Our office charges nothing for consultations.

9) What is my role in my case?

Our office will handle all the legal aspects of your case.  You however are responsible for receiving proper medical treatment for your injuries, and not missing your appointments.  If your case is in suit, you may be required to answer interrogatories and attend a deposition, and possibly go to trial if your case goes that far.

10 Things To Do And Not To Do After A Car Accident

Here are some things to do (and things to avoid) following an auto accident in Massachusetts:

1)  Call the police;

2)  Tell the police officer(s) exactly how the accident occurred;

3)  Be careful what you say to the other driver; keep things to an absolute minimum;

4)  If you have a camera in your car, photograph the accident scene and damage to both vehicles (or as soon as practically possible);

5)  Obtain medical treatment as soon as possible;

6)  Contact your insurance company immediately to report the accident;

7)  DO NOT talk with anyone who calls you from the other driver's insurance company;

8)  Do not panic if the police report is inaccurate as to how the accident occurred;   

9)  Contact an attorney immediately if you were injured in the accident.

10) Keep records of all of your medical treatment;

'Will My Case Settle or Will I Have To Go To Trial?'

I get asked this question quite a bit from client.

The short answer: it depends.  Most cases involving personal injury (auto accidents, slips and falls, dog bites, etc.) are resolved before trial.  The reason most cases settle before trial is that jury, as well as bench trials are so uncertain.  Once the case is tried, the parties essentially lose control over the case and agree that final resolution of the case will be decided by a third-party.

At times, the decision to go to trial is a difficult one because the offer on the case is a reasonable, but not reasonable enough amount.  Other times, the offer is so low, or non-existent, that trying the case is inevitable.

Practical considerations such as expense, time and uncertainty, together with the relative strengths and weaknesses of the case, must all be balanced when deciding on whether or not to settle. your Massachusetts personal injury case.

If you have an attorney, I would suggest heeding his/her advice regarding whether or not to try the case. 

 

 

Accidents Involving Tourists in Boston

According to USA Today roughly 19 million visitors pass through Boston each year.  It is no surprise given all that Boston has to offer.  With such a huge number of visitors, it is no wonder that many are injured.  Many visitors are injured in car accidents, slip and falls, and other types of accident cases.  Visitors are sometimes more prone to accidents given their lack of familiarity with Boston.  However, the fact that you do not live in Massachusetts does not mean you cannot hire a Massachusetts lawyer to represent you.

My office has represented out-of-state clients injured in car accidents, hotels, stores, trains, on escalators, etc.  If you or someone you know has been injured while a visitor in Boston, feel free to call my office.  We would be happy to provide a no-obligation phone consultation.  

The Contingency Fee and Personal Injury Cases

Those who have been injured by the negligence of someone else often lose time from work, rack up medical bills, and suffer a host of other problems.  Getting a damaged car fixed, going to medical appointments, dealing with insurance companies, all take time and aggravation.  That is the bad news.  The good news is that nearly every personal injury lawyer in America works on contingency. 

First, contingency agreements allows everyone, no matter where they stand financially, access to a personal injury lawyer.  This means you get to have equal footing with an insurance company, without having to pay an hourly legal rate.  In fact, you pay nothing unless your personal injury attorney is successful in securing compensation for you.

Secondly, the contingency agreement also deters the filing of frivolous lawsuits.  It would make little sense for an attorney to take on a bad case that has no shot of settling or winning at trial.  Frivolous lawsuits and the contingency agreement are like oil and water.  Lawyers, like everyone else, don't like to work for free.  Taking on a frivolous case is the same thing as working for free.  It makes no sense.

Also related to contingency agreements is the fact that nearly every personal injury who works on contingency will offer you a completely free consultation to discuss the case.  That is great because it allows the injured party to interview more than one attorney, in order to find the right one.

Feel free to call our office if you have been injured by someone else.