Articles Tagged with Boston car accident attorney

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Massachusetts Personal Injury Deposition Tips for Plaintiffs

Massachusetts personal injury deposition tips for plaintiffsIf 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.

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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 cearley@chrisearley.com 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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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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Never do it;  it will only hurt your case.  Insurance adjusters are trained to ask certain, specific questions which are intended to make the strongest personal injury claims look weak.  Here is a great post regarding recorded statements, and their pitfalls from Maryland personal injury attorney Ronald Miller over at his Maryland Injury Lawyer Blog:

Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer's client to "firm up liability" or to "assess credibility." But providing a recorded statement is typically a "loose-tie." It rarely results in a finding on liability in favor of the accident attorney's client. Of course, this is not to say that this is always the case, but absent special circumstances, the downside far outweighs any benefits.

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-   They know you won't sue since you don't have a lawyer representing you;

-   They know that if you sue them, you will probably lose as the insurance companies have attorneys protecting their interests, and they know you are not a trained attorney who knows how to practice law;

-   They are well trained negotiators and know that they likely have more negotiation experience than you do;

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-   They know you won't sue since you don't have a lawyer representing you;

-   They know that if you sue them, you will probably lose as the insurance companies have attorneys protecting their interests, and they know you are not a trained attorney who knows how to practice law;

-   They are well trained negotiators and know that they likely have more negotiation experience than you do;

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