Many times people are injured in motor vehicle accidents and other accidents as a result of someone who, at the time of the accident, was working for his/her employer. But can you sue the employer if the employee causes your injuries? Well, that depends. What needs to be shown is that the employee who caused your injuries was in fact an “employee.” Next you need to show that the employee was acting in the “course and scope” of his/her employment when the accident occurred. This legal theory of liability is referred to in Massachusetts, as well as in almost all other states as “vicarious liability” or the more formal “respondeat superior.”
It is crucial to establish that the employee who caused your injuries was an employee and was acting in the course and scope of that employment at the time of the accident. Why? Because if you have suffered very serious injuries, the employee may have either no insurance or too little insurance to compensate you for your injuries. But, oftentimes employers will carry commercial liability policies that often carry large amounts of coverage.
Therefore, if you have been involved in a Massachusetts accident and the person who caused the accident was working at the time, you can possibly sue both the employee as well as the employer. It is always preferable to sue the employer, assuming you can, because the employer may have “deep pockets” unlike the employee.
Articles Posted in Trucking Accidents
Do I Have To Speak To The Insurance Company?
Do I Have To Speak To The Insurance Company?
The aftermath of a personal injury accident can be unnerving. If for example you were injured in a car accident, you may be receiving phone calls from an insurance adjuster. People understandably want to know if they need to speak with the insurance adjuster who is calling. The answer is no, they do not have to.
In fact, it is always a bad idea because whatever you say will be manipulated by the insurance company to maximize their chances of paying you as little as possible for your injuries. Of course, they want nothing more than to deny your claim entirely. Therefore, do not play into their hand, and refuse to say anything to the insurance company that insures the driver who caused your personal injuries, until you have spoken with an attorney.
Frequently Asked Questions
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.
10 Things To Do And Not To Do After A Car Accident
Here are some things to do (and things to avoid) following an auto accident in Massachusetts:
1) Call the police;
2) Tell the police officer(s) exactly how the accident occurred;
Accidents Involving Tourists 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 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.
The Contingency Fee and Personal Injury Cases
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.
When To Hire a Massachusetts Personal Injury Lawyer
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
‘Is There a Time-Limit I Have to Seek Medical Treatment After My Car Accident?’
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.
Some of the Factors That Determine if a Settlement Number is Fair
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 injury victim for lost wages, and if applicable, future lost wages or impairment of earning capacity;
Some Valuable Safe Winter Driving Information
I found this post over at the Texas Injury Law Blog and I decided to share it with my readers here in Massachusetts, since we are scheduled to get a blizzard this coming weekend. Here is the post:
Winter weather can pose serious dangers to travelers. Snow and sleet decrease visibility, and slick, icy roads make it difficult to safely stop and can cause you to slide. Stay safe on the roads this season by following these tips for driving in winter weather:
- Before you leave the house, thoroughly remove any snow or ice from your front windshield, back windshield and side-view mirrors.