Articles Posted in Massachusetts Truck Accidents

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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 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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Lost Wages and Massachusetts Car Accident Claims

If you were involved in a car crash in Massachusetts, the insurance company that insures the car you were in at the time of the accident will pay for your lost wages. The lost wage claim is part of your PIP (Personal Injury Protection), first-party claim with the insurance company. This is part of the no-fault insurance system that we have here in Massachusetts.

The insurance company – for the car you were in at the time of the accident – will pay for up to 75% of your lost wages. Remember that PIP payments will not exceed $8000.00.

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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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No, you can get treatment (chiropractor, physical therapy, hospital) whenever you want to following an auto accident in Massachusetts.  But, it is wise to get treatment as soon as the pain, soreness and tightness (common symptoms of sprains and strains) begins.  The main reason you should not wait is your body needs medical attention as soon as possible following the physical trauma of a car accident.  The other reason it is important not to delay treatment is the insurance adjuster is going to claim that since you waited to receive treatment, you really could not have been injured in the accident. 

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