Stages of A Massachusetts Personal Injury Lawsuit
As a MA personal injury lawyer, I am asked regularly about the stages of a Massachusetts personal injury case.
Whether you were injured in a Massachusetts car accident, slip and fall, or dog bite accident, the stages of a lawsuit are generally the following:
Personal Injury Compensation and Divorce
Being injured in a personal injury accident and going through a divorce are two things no one ever wants to go through. But many people have the burden of dealing with these two very difficult events, and sometimes at the same time.
Frequently the injured spouse wants to know if they must share part of their personal injury settlement, and the other spouse wants to know if they will receive part of the settlement. For example, if the claim arose from a car accident and the claim is close to settling, that money may become part of a divorce settlement.
There are a number of factors that come into play when an attorney decides whether or not to take on a personal injury case for a client. Here are some, but not all, of those factors:
1) Has the Statute of Limitations run (it is different for different types of cases)?
2) Was the client injured?
With all of the recent snowfall we have had here in Massachusetts the past few weeks, conditions outside have been extremely dangerous. With such an inclement weather brings a marked rise in slip and fall and trip and fall accidents. Such accidents often cause very serious injuries.
If you, a loved one, or a friend, has experienced this misfortune, I invite you to call 617 338 7400 for a completely free, no obligation consultation. Please note this blog, as well as my Slip and Fall Blog, is rife with information pertaining to all things related to Massachusetts slip and fall cases. I look forward to potentially helping with you case.
How Insurance Companies Value Personal Injury Cases
Although no two insurance companies have the same approach, there are some common elements on how insurance companies value personal injury cases. Here are some, but not all of them:
1) Is liability on the part of the insured person(s) or company clear, and if not, is there any liability at all? An example would be a a slip and fall accident claim. The insurance adjuster will closely analyze and evaluate whether or not the insured could be considered negligent in causing, or contributing to the accident.
Firing Your Massachusetts Personal Injury Lawyer
Unfortunately, for a number of reasons, the attorney/client relationship can sometimes sour. At times, things get so bad that the client decides to fire the personal injury attorney and seen new counsel. This is relatively common and not at all unusual. What many personal injury clients do not know is that they are free to fire their attorney anytime, for any reason. In fact, you do not even need a reason. Either before, or during the course of a lawsuit, you are free to transfer your case from one lawyer to another and you will not be penalized for doing so. This applies to all personal injury lawyers, including car accident attorneys, but also attorneys in all other areas of law.
Poor communication is the most common reason cited by injury victims who call me and tell me they want to change attorneys. Oftentimes I hear “My attorney does not listen to me” or “My lawyer does not call me back.” This is common as poor communication from the attorney kills many attorney/client relationships. Sometimes, the relationship can be saved. When it cannot, it is time to find a new attorney.
What Is Negligence?
Negligence in Massachusetts, and in all states, means failing to act reasonably in a situation and causing injury to a person(s) as a direct result. As a Boston accident lawyer, negligence is the lynchpin of each case my office handles. Whether it be a Massachusetts car accident, slip and fall, or any other type of personal injury case, the injury victim must prove the following elements in order to win a negligence case against a defendant:
1) The defendant owed the plaintiff a duty of care. This means that the one who caused the injuries had a legal duty to act in a reasonable manner toward the victim. An example of a duty of care is that we all have a duty while driving not to drive into the rear of the car in front of us.
What To Do Following A Slip And Fall Accident
Unfortunately, slip and fall accidents happen much too frequently. Doing the right things after a slip and fall or trip and fall are very important in order to protect your legal rights. Should you have the misfortune of being involved in such an accident, keep the following in mind after a slip and fall accident:
1) If possible, photograph the scene of the accident (or have someone else do it as soon as possible if you are unable to do it yourself);
Massachusetts Personal Injury Cases and Settlement Funding
This is a topic I deal with quite frequently when representing personal injury victims. Often, my clients will call me and tell me the accident they were involved in has financially harmed them so much, they are willing to take a loan out. For example, suppose the client was riding a bicycle and was hit by a car. The person may be really injured, racking up medical bills, and maybe lost wages, too. Sometimes the client will see an ad on television from companies that provide funding to people injured in an accident and that have an open case pending with an insurance company.
The loan is typically financed by a pre-settlement funding company. When my clients ask me about this option, I try very hard to persuade them not to take out such a loan, because the interest rates can be very daunting. Basically, the way it works is this: the pre-settlement funding company will closely analyze the client’s case, and loan application, and then decide whether or not the case is strong enough to guarantee the company will recoup their money, once the case settles.
Massachusetts Personal Injury Deposition Tips for Plaintiffs
If you were injured due to negligence, you may find yourself involved in a lawsuit. If it is you (or your attorney) that filed the lawsuit then you are referred to as the plaintiff and the party you sued is the defendant.
A deposition is a part of the lawsuit process which you may be required to undergo. Whether it be a car accident case or other type of injury claim, most depositions work the same way. Note if your case is a workers’ compensation case you will not be expected to go to a deposition.
Massachusetts Personal Injury and Workers' Compensation Law Blog