Articles Posted in Dog Bites

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Some cases settle relatively quickly, while some take years to settle.  Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury.  The bottom line: there is no way to predict how long your case will take to resolve, assuming it even does resolve. 

Here is a great article on why, and how, there are so many delays with personal injury cases, from the National Association of Personal Injury Lawyers wesbite:

"In this article, I will attempt to pin down the inherent causes of the anxiety and impatience some people feel when their personal injury case seems to drag on forever, with no clear resolution in site. Personal injury litigation can sometimes take years, with little hope in sight, at times, of seeing any substantial reward. But that's no reason to lose hope, as with a little perseverence and the law (and a good personal injury lawyer) on your side, justice isn' so far-fetched an idea after all.

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Whenever I have a client who has been injured in an accident, and sustained scarring from the accident, I usually hire a professional photographer to document the scarring.  If you expect to be compensated fairly for the scar(s), the only way to convince an insurance adjuster to pay you fair and reasonable value is through a professional and intelligent photography session, by a professional. 

I usually wait at least six months – and sometimes up to a year - after the client's accident to hire a photographer, because that is when the scar usually has reached maximum improvement.

The scarring will last a lifetime, but you only have one shot to receive fair compensation for the scarring.  That is why the expense of a professional photographer is well worth it.

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 Here is a primer from  Nolo.com on this very topic:

"The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:

  • what your injuries were and are
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-   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;

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Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially.  They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my office.

Here are a few success stories from my firm, in representing people who initially thought their case was not worth pursuing:

-Woman goes to restaurant where she sustains very bad knee injuries, requiring surgery.  Case settles for $150,000.00;

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Yes.  If you were hurt in an accident outside of Massachusetts, you can hire a Massachusetts personal injury lawyer if you live in Massachusets to help you.  Many times, the law of the state where your accident occurred controls which state's laws will apply to your case.

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The attorneys over at Pellegrini, Seeley, Ryan & Blakesley, P.C. provided CBS channel 3 in Springfield, Massachusetts with a great,  in-depth article regarding dog bite law in Massachusetts.  Here it is:

Dog Bite – What Should I DO?Close

An animal attack is a frightening and traumatic event, particularly for a child victim. Animal attacks on victims are often unprovoked. Generally, the animal's owner is legally responsible for the injuries and damages caused by the attack if the animal was not being tormented, teased or abused by the victim, and the victim was not trespassing or otherwise involved in conduct that prompted or provoked the attack.

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Generally, lawyers who take on auto accident, slip and fall, dog bite, and other personal injury cases charge a fee of 1/3 of the recovery. Very seldom does a lawyer who represents personal injury victims charge by the hour.

What the 1/3 percentage fee means is that if the lawyer obtains a settlement, or verdict for the client, the lawyer will take 1/3 of the recovery, plus the expenses the lawyer advanced.  Some lawyers charge a lower percentage, some charge a higher percentage than 1/3.  Some lawyers will charge a fixed percent, but if the case is put into litigation, the percentage fee may increase.  It all depends on the lawyer and how he or she structures their contingent fee schedules. 

Finally, some lawyers are willing to negotiate the percentage of the fee with prospective clients.

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Will My Personal Injury Case Go To Trial?

Will my personal injury case go to trial?The short answer: it depends if you want it to or not.  Most cases involving personal injury such as motor vehicle auto accidents are resolved before trial.  The reason most cases settle before trial is that jury, as well as bench trials (a judge decides the case outcome), are so uncertain.  Their outcomes are so uncertain that they create great risk for the litigants.

Once the case is tried in court, the parties essentially lose control over the case outcome and agree that final resolution will be decided by a third-party.

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Kudos to the Boston Injury Lawyer Blog for this post on recent developments on the tragic dog mauling death that occurred last week on actor Ving Rhames’ property.  Here is part of the post:

Police have identified the man who was mauled by dogs on the Brentwood property owned by movie star Ving Rhames as Jacob Adams. Adams lived on the property and had been employed to take care of the actor’s dogs.

Medical examiners are still trying to determine whether Adams died as a result of the numerous dog bites he sustained during the attack or from heart failure during the attack.

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