Articles Posted in Product Liability Law

Published on:

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.

Published on:

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.

Published on:

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. 

Published on:

Most if not all Massachusetts personal injury, medical malpractice and products liability cases are taken on a contingency fee basis.  What does this mean?  I found the following informative and articulate post over at injuryboard.com authored by attorney Scott E. Smith.  Here is the post:

Abraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that calling a lawyer and asking a question is free. Although most lawyers will gladly answer preliminary questions regarding a legal matter, when it is determined a lawyer is needed, a fee contract is required.

Most lawyers charge by the hour, as do most professions. Depending upon the lawyer's qualifications, experience and expertise, the hourly rate will vary. However, there are situations attorneys will work for a client on a contingent basis or on a reduced hourly rate and negotiated lower percentage. A contingency fee allows a lawyer to charge a client a percentage of money recovered in behalf of the client in a given case. A contingent fee contract has been referred to as the "poor man's key to the courthouse" because many individuals who are in need or require the assistance of an attorney cannot afford an hourly rate.

Published on:

1) It compensates for the medical treatment the injury victim had to endure;

2) It covers the medical bills and liens that must be paid out of the settlement;

3) It adequately compensates the injury victim for lost wages, and if applicable, future lost wages or impairment of earning capacity;

Published on:

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.

Published on:

I found a great answer to this question over at the Texas Injury Law Blog.  Here it is:

If you have been injured in an accident, you may benefit greatly from the services of a personal injury lawyer. First and foremost, a personal injury lawyer can determine whether or not you have a case. Your attorney will be able to determine who was at fault for your accident and inform you of whether you have a strong basis for a personal injury lawsuit.

A personal injury attorney can help ensure that you do not lose your right to bring your claim by making sure you file your personal injury lawsuit before the statute of limitations has run. Your lawyer will be an expert on Texas’s personal injury law and can make certain that you do not lose your legal right to compensation because of a procedural error.

Published on:

I came across yet another fantastically informative article over at the website of CBS Channel 3 of Springfield, MA.  This article gives you some great inf0rmation if you have been injured by a product in Massachusetts:

Q. What is Products Liability?
A. "Products Liability" is a term which describes the law of negligence and breach of warranty as it applies to manufacturers, repairers, sellers and suppliers of numerous types of products. Essentially, Product Liability law allows someone who has been injured or suffered property damage as a result of a dangerous and defective product to recover monetary damages so long as the injury or damage is causally related to the product's defect.

Q. What obligations or duties do manufacturers of products have?
A. A manufacturer of a product is under a duty to use reasonable care in designing and manufacturing its product. A manufacturer is also under a duty of care to inspect a product and discover and eliminate any defects before it leaves the manufacturer's possession, custody and/or control. However, this duty is one of reasonable care and not of absolute perfection.

Published on:

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.

Published on:

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:

Raving Fans
★★★★★
"I find Christopher Earley to be one of the most professional and compassionate attorneys I have ever met. After having a personal injury, what you need is expertise, experience, and especially compassion and kindness. All of these things define Christopher Earley. I highly recommend Christopher Earley and The Earley Law Group Injury Lawyers to anyone that needs a personal injury attorney!" Susan N.
★★★★★
"Great help with my case. Responses are fast and make me feel very well represented. This man is the guy to call." Hugh R.
★★★★★
"Chris helped me with an extremely difficult time in my life due to a car accident. Even after the settlement, he continued to advocate for me when I was receiving collections notices that were not valid. You can feel assured he will do a great job." Angela C.
Contact Information