Articles Posted in Massachusetts Car Accidents

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Massachusetts Car Accident Law Firm

Being involved in a Massachusetts car accident is never a pleasant experience.  However, it is important to take certain steps.  It is equally important to avoid taking the wrong steps.

Here is a list of things to do, as well as a list things not to do after a Massachusetts car accident.

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How Insurance Companies Value Personal Injury Cases

How insurance companies value personal injury casesAlthough 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.

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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.

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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.

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Massachusetts Personal Injury Deposition Tips for Plaintiffs

Massachusetts personal injury deposition tips for plaintiffsIf 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.

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Millions of Americans have Medicare health insurance coverage.  Oftentimes however, when a Medicare beneficiary is involved in a personal injury event, dealing with Medicare can be a tedious and interminable process.

By law, Medicare has an automatic lien for any medical bills they paid out on your behalf in connection with medical treatment you received stemming from a personal injury case.  There is no way to avoid such a lien, and myself, and thousands of personal injury attorneys throughout America deal with the Medicare behemoth daily.

Therefore, if you have been injured in an accident in Massachusetts, or any other state, and you are a Medicare beneficiary, your attorney (or yourself if you are pro se) will have to work with Medicare to see to it that their lien is satisfied out of any settlement or verdict proceeds.  Because even if a case is concluded, Medicare can still pursue the beneficiary, and even the attorney, if Medicare discovers their lien was not satisfied.

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Absolutely.  The attorney/client relationship is based on a mutual and voluntary contractual relationship.  The client can exit the relationship at any time.  In fact, you are allowed to fire your Massachusetts personal lawyer at any time and you don't even need a reason for doing so.

I find that many people who call me and are interested in changing lawyers are doing so because they feel their lawyer is not communicating with them.  If your lawyer is not calling you back and/or not keeping you updated on your case, you have the right to change lawyers.  You may, however, be responsible for paying the lawyer back the expenses the lawyer put into the case. 

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Absolutely.  The attorney/client relationship is based on a mutual and voluntary contractual relationship.  The client can exit the relationship at any time.  In fact, you are allowed to fire your Massachusetts personal lawyer at any time and you don't even need a reason for doing so.

I find that many people who call me and are interested in changing lawyers are doing so because they feel their lawyer is not communicating with them.  If your lawyer is not calling you back and/or not keeping you updated on your case, you have the right to change lawyers.  You may, however, be responsible for paying the lawyer back the expenses the lawyer put into the case. 

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