Articles Posted in Trucking Accidents

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Some cases settle relatively quickly, while some take years to settle.  Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury.  The bottom line: there is no way to predict how long your case will take to resolve, assuming it even does resolve. 

Here is a great article on why, and how, there are so many delays with personal injury cases, from the National Association of Personal Injury Lawyers wesbite:

"In this article, I will attempt to pin down the inherent causes of the anxiety and impatience some people feel when their personal injury case seems to drag on forever, with no clear resolution in site. Personal injury litigation can sometimes take years, with little hope in sight, at times, of seeing any substantial reward. But that's no reason to lose hope, as with a little perseverence and the law (and a good personal injury lawyer) on your side, justice isn' so far-fetched an idea after all.

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If you have been injured in a pedestrian accident in Massachusetts by a negligently operated vehicle, you will need to know a few things.  It is the operator’s insurance company that is responsible for paying for your “reasonable and necessary” medical expenses.  They will also pay 75% of any lost wages you sustain as a result of the accident.  But, the insurance company for the operator who caused the accident is only required by law to pay up to $8000.00 for your medical bills and lost wages.

With respect to compensation for pain and suffering, it is again the operator’s insurance company, rather than your auto insurance carrier, that is responsible for paying you for pain and suffering.

In cases such as these, it is important for you to keep a log of all of your expenses (medical, lost wages, and any other losses) you sustain as a result of the accident.  Also, photograph your injuries so you can show the adjuster exactly where, and to what extent, your body was injured.  Good luck!

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In Massachusetts, if you were driving as part of your job and were injured in an auto accident, you could not sue your employer for your injuries.  What you could do is file a claim for workers compensation benefits with your employer's workers compensation insurance carrier.

If, however, you are less than 50% at-fault for the car accident, then you could sue the driver(s) who caused the accident.  You could therefore bring a claim, in addition to your workers compensation claim, against the person(s) who caused the accident. 

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Yes.

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.

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Yes.  In Massachusetts, as long as you are not more than 50% responsible for a car crash, then you may still make a claim.  However, the amount of your settlement will be reduced by the percentage of fault you have for the accident.  Therefore, if you are considered 50% at-fault for the crash, and your case is worth $10,000.00, then you would recover $5000.00, because of the fact that you were 50% at-fault for the accident.

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It is the Complaint that officially begins a personal injury lawsuit in Massachusetts.  This document is referred to as a "pleading."  If you have a small case with limited damages (personal injuries) the case should be filed in the District Court.  If you have significant damages, then the Superior Court is the proper court to commence the lawsuit.

After you file the Complaint, as well as the required Statement of Damages in court, you must then have the Complaint "served" on the defendant(s).  The best way to "effect service" is to have a sheriff serve the Complaint on the defendant(s).  This will cost, depending on the travel time for the sheriff, around $50.00. 

You must "serve" the defendant(s) within ninety days of the filing of the Complaint in court.  Once service has been made, the defendant(s) has twenty days to file an "Answer" in the court in which the Complaint was filed.  You must send to the court the "proof of service" which shows that you properly served the defendant(s) with the Complaint.  It is then that "discovery" begins.

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I found this over at CNN.com and wanted to share it because it makes me sick: 

Insurance companies fight paying billions in claims

Put yourself in the driver's seat of this accident. You are heading down the street when a truck comes out of nowhere and slams into the right side of your car. The damage to the vehicle is obvious: dents across the passenger door.

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-   Get the names, telephone numbers and addresses of all parties;

-   Get the names, telephone and addresses of all witnesses;

-   Call an ambulance and the police, if necessary;

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Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially.  They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my office.

Here are a few success stories from my firm, in representing people who initially thought their case was not worth pursuing:

-Woman goes to restaurant where she sustains very bad knee injuries, requiring surgery.  Case settles for $150,000.00;

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Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially.  They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my office.

Here are a few success stories from my firm, in representing people who initially thought their case was not worth pursuing:

-Woman goes to restaurant where she sustains very bad knee injuries, requiring surgery.  Case settles for $150,000.00;

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