Articles Posted in Boston car accidents

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Con frecuencia les digo a mis clientes que las compañías de seguros están en el negocio de ganar dinero y cobrar primero en lugar de pagar dinero a los reclamantes que lo merecen. Los ajustadores de seguros están capacitados por la compañía de seguros para utilizar defensas comunes en respuesta a un reclamo que se presenta. Las siguientes son algunas de esas defensas de reclamos comunes que utilizan los ajustadores de las compañías de seguros para contraatacar y resistirse a pagar el valor justo por reclamos justos y legítimos de accidentes automovilísticos.

La primera defensa común utilizada por las compañías de seguros de automóviles es afirmar que hubo poco o ningún daño a la propiedad de los vehículos involucrados en la colisión. Esta es quizás la defensa de reclamos por accidentes automovilísticos más popular utilizada por las compañías de seguros de automóviles. Su argumento es esencialmente que la lesión de una persona dentro del vehículo es poco probable cuando hay un grado o extensión muy pequeño de daño sufrido en el vehículo.

Por lo tanto, afirman que es poco probable que un accidente de tan bajo impacto pueda causar una lesión personal. Por lo general, argumentamos en esa situación que la falta de daño a la propiedad no se correlaciona con la falta de daño corporal a la persona que está adentro. El fundamento de este argumento es que el ocupante del vehículo absorbe la mayor parte de los daños, a diferencia del propio vehículo.

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Is Your Car Accident Claim Worth Pursuing?

There are a number of factors that come into play when an attorney decides whether or not to take on a car accident case for a client. Here are some, but not all, of those factors:

1) Has the statute of imitations run (it is different for different types of cases)?

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Here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case:

1)  Know the date, time and location of the accident;

2)  Know where and when you sought medical treatment for your injuries;

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Many people decide to take a stab at handling their automobile accident claim without an attorney.  That usually turns out to be a bad idea. 

Why would an insurance company be concerned about you suing their insured (the person or company that injured you and whom they insure) when you are not a lawyer?  Why would an insurance company pay you fair and reasonable compensation for your injuries when they know you don't have the leverage that an experienced attorney provides?  Why would an insurance company not try to trick you since you don't regularly handle personal injury claims? 

If you, or someone you know, has been injured in a car accident, call my office right now at 617 338 7400 or email me at cearley@chrisearley.com for a completely free, no obligation consultation.  My office does not get paid unless your case settles or wins in court.

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Don’t Have a Lawyer and the Insurance Company is Contacting You?

Each and every day Massachusetts auto insurance companies, upon learning of an auto accident in which they may have to pay out money damages, will contact you.  They will send an insurance adjuster to the home of the injured party and attempt to have him/her sign a release. The insurance adjuster shows up, big smile, and explains there is no need to get a lawyer. Then, as is very common, the adjuster will offer some small money, maybe $500, maybe $1000, to the injury victim in order to settle the case as quickly as possible.

This scenario gets me upset – and I see it all the time – because most people, after an accident, don’t know their rights, unless he/she first speaks with an auto accident attorney. The insurance adjuster know this, and capitalizes on it, in order to save the insurance company money (better for the insurance company to get rid of case fast before it has to pay out much more money when an attorney becomes involved in the case). By signing a release without first speaking with an attorney basically guarantees that you are severely limiting your rights and potential compensation.

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Many people in Massachusetts have health coverage through Blue Cross Blue Shield. Following a personal injury event (car accident, slip and fall, etc.) Blue Cross may pay a portion of your medical bills. If you receive a settlement at the end of your case, then Blue Cross has the legal right to obtain from you its share of money they paid to your medical providers on your behalf. This right arises from the contract of insurance that you have with Blue Cross. In my experience working with Blue Cross, they will typically reduce their lien by 10%.
Therefore, if you are involved in a personal injury accident in Massachusetts, and you have Blue Cross insurance coverage, expect to pay them back for the medical bills they paid on your behalf, out of your settlement.

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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Need Hit And Run Accident Lawyer?

Hit and run automobile accidents occur each and every day in Massachusetts.   Nationally it is shocking just how often hit and run accidents occur.  A hit and run accident is one in which the driver(s) that caused a car accident cannot be unidentified.  If you are the victim of a “hit and run,” you may be concerned about how your medical bills, lost wages, and pain and suffering will be compensated.  Do not worry because you are not high and dry.   Boston hit and run accident lawyer Christopher Earley can help you.

As stated in previous posts, Massachusetts requires all drivers to carry uninsured motorist coverage as part of their auto insurance coverage.  The required minimum in Massachusetts is $20,000/$40,000.  The $20,000 applies if only one person is injured, and the $40,000 applies when one more than one person is injured in the “hit and run” accident.

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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.

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