Articles Posted in Massachusetts Medical Malpractice

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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.  Massachusetts workers’ compensation cases are also handled by contingency basis, and the amounts are set by law.

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Injured As A Tourist 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 motor vehicle 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.

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Helpful Tips for Those Going Through the Insurance 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:

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Whether you are a plaintiff or a defendant in a Massachusetts personal injury lawsuit, there is a good chance you will be deposed.  The American Bar Association provides 10 tips for deponents which I feel can help you if you are facing an impending deposition.  Here they are:

  1. Tell the truth.
  2. Listen to the question. Pause. Think as long as necessary before answering.
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Boston.com has a great article out today about the alarming numbers which suggest the vast majority of doctors can expect to have  a claim filed against he/she over the course of a career.  Here is the article:

Over career, most doctors in US will face lawsuit

By Chelsea Conaboy Globe Staff / August 18, 2011

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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.

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If a minor is injured in an accident and has a valid personal injury claim, it is the usually the mother or father of the minor that is the one bringing the claim. I represent minors who have been injured in accidents and when I meet with them for the first time, it is the parent or “next friend” whose name is actually listed on the contingency fee agreement, as well as any other paperwork that is signed.
Also, in Massachusetts, upon settling a personal injury claim for a minor, a prudent lawyer always seeks to obtain court approval for the settlement. Many judges today want to be sure that the settlement proceeds that belong to the minor will not be spent by the parents. Judges usually like to see a structured settlement or other similar vehicle that protects the minor’ s money until the child reaches the age of majority. Without such safeguard to protect the child’s money, many judges will refuse to approve the settlement.
Also, if a minor lives in Massachusetts, but has been injured outside of Massachusetts, a claim can still be brought as well.

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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.  

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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.

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Here is an informative article I found over at insure.com on when, and when not to, hire a personal injury lawyer.  The article does a good job of dealing with this issue that concerns injury victims each and every day.  If someone carelessly injured you and you are unsure whether or not to get a lawyer, at least consult with a lawyer (nearly every personal injury lawyer offers free initial consultations) before you handle any legal process on your own.  Here is the article:

When to hire a personal injury lawyer

By Insure.com

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